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Judgments of 2005

629 judgments · newest first · showing 1–200

HARKIRAT SINGHversusAMARINDER SINGH

2005 INSC 621Appeal(s) allowed

The appellant, an elector from Patiala Town, filed an election petition under Section 81 of the Representation of the People Act, 1951, alleging that the respondent, Amarinder Singh, committed corrupt practices by using a Class‑I gazetted officer and a police superintendent to further his election …

SIDDHARTHA TUBES LTD.versusCOMMISSIONER OF CUSTOMS & CENTRAL EXCISE, INDORE (MP)

2005 INSC 622Case Partly allowed

Siddhartha Tubes Ltd manufactured MS pipes and subsequently galvanized them before clearing the finished product from its factory. The company argued that galvanization was not a manufacturing process and therefore its cost should not be added to the assessable value of the pipes. The Commissioner …

SIDDARTHA TUBES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, INDORE (MP)

2005 INSC 623Dismissed

Siddartha Tubes Ltd., a manufacturer of m.s./g.i. pipes, purchased sockets from the market and had them fitted by Madhya Pradesh Laghu Udyog Nigam Ltd. The company claimed a deduction for the cost of the sockets and the service charges incurred in fitting them under Rule 173‑C of the Central Excise …

KANKAVALI SHIKSHAN SANSTHA AND ORS.versusM.R. GAVALI AND ORS.

2005 INSC 624Dismissed

The first respondent, M.R. Gavali, was appointed as an Assistant Teacher on a temporary basis for two consecutive academic years to a post reserved for SC/ST/NT candidates because no such candidate was available. He belongs to the OBC (Hindu Mali) category. Under Rule 9(9)(a) of the Maharashtra …

A. MAIMOONAversusSTATE OF TAMIL NADU AND ORS.

2005 INSC 625Dismissed

The Supreme Court examined the detention of Abdul Kader and another detainee under Section 3(2) of the National Security Act, 1980. The appellants argued that the State Government and the Ministry of Home Affairs had not considered representations made on behalf of the detainees and that there was …

N.K. RAJGARHIAversusM/S. MAHAVIR PLANTATION LTD. AND ORS.

2005 INSC 626Dismissed

N.K. Rajgarhia sued Mahavir Plantation Ltd. for recovery of Rs. 75 lakh. The parties compromised, and a consent decree for Rs. 41,69,110 was passed, with a clause that dishonour of any cheque would make the whole balance payable and executable. The respondent defaulted, leading to execution …

STATE OF PUNJAB AND ORS.versusSATNAM KAUR AND ORS.

2005 INSC 627Appeal(s) allowed

The State of Punjab advertised 31 posts and selected candidates through a process that was later challenged in a writ petition by some unsuccessful applicants, with only 18 of the selected candidates made parties. The Punjab & Haryana High Court quashed the entire selection process, a decision …

M/S. SHREE HARI CHEMICALS EXPORT LTD.versusUNION OF INDIA AND ANR.

2005 INSC 628Appeal(s) allowed

Shree Hari Chemicals Export Ltd., a manufacturer of hydrochloric acid, claimed credit of excise duty on naphthalene under Rule 57A of the Central Excise Rules, 1944, despite a 1986 notification that excluded Chapter 27 inputs from such credit. After a show‑cause notice, the company sought to return …

STATE OF U.P.versusNEERAJ AWASTHI AND ORS.

2005 INSC 629Appeal(s) allowed

The Uttar Pradesh State Agricultural Produce Market Board appointed 1,021 employees between April 1996 and October 1997 without complying with the statutory provisions of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and its service regulations. The State later cancelled those appointments …

HOMBE GOWDA EDN TRUST AND ANR.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 630Appeal(s) allowed

A lecturer (Venkappa Gowda) assaulted the principal of a private college with a chappal and used abusive language. The management dismissed him under the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975; he appealed to the Educational Appellate Tribunal, which set aside …

SONEPAT COOPERATIVE SUGAR MILLS LTD.versusRAKESH KUMAR

2005 INSC 631Dismissed

Sonepat Cooperative Sugar Mills Ltd. employed Rakesh Kumar on daily wages in its computer department from 1 July 1998 to 31 August 1999 and later terminated his services. Kumar claimed the termination violated Section 25F of the Industrial Disputes Act, 1947 because he had worked more than 240 days …

M/S. DHODHA HOUSEversusS.K. MAINGI

2005 INSC 617

The Supreme Court considered two appeals arising from suits alleging infringement of copyright and trade‑mark rights – one by Dhodha House (sweet‑meats) filed in the Ghaziabad district court and another by Patel Field Marshal (diesel engines) filed in the Delhi High Court. Both lower courts had held …

VISHNU DUTT AND ORS.versusSTATE OF RAJASTHAN AND ORS.

2005 INSC 618Dismissed

The dispute concerned the validity of inter‑State stage‑carriage permits issued under Section 88 of the Motor Vehicles Act, 1988. A 1968 reciprocal transport agreement between Rajasthan and Haryana fixed a ceiling of 13 permits, which had to be countersigned by the other State. The Rajasthan State …

TARA CHAND JAINversusSIR GANGA RAM HOSPITAL AND ANR.

2005 INSC 620Dismissed

The appellant underwent a prostate operation at Sir Ganga Ram Hospital and subsequently suffered continuous urinary leakage, pain and other ailments. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence and seeking Rs. 40 lakh as …

HARSHAD CHIMAN LAL MODIversusD.L.F. UNIVERSAL LTD. AND ANR.

2005 INSC 615

Harshad Chimanlal Modi filed a suit in the Delhi High Court for specific performance and possession of immovable property situated in Gurgaon. The suit was later transferred to the Delhi District Court, where the defendants amended their written statement to raise a jurisdictional objection under …

SARASWATI DEVI GUPTAversusSUDHA RANI AND ORS.

2005 INSC 616Appeal(s) allowed

The suit for specific performance of a house sale was decided in favour of the plaintiff, Raghu Nath Prasad, who later died. His legal representatives and an assignee, Saraswati Devi Gupta, claimed the decree. The Supreme Court earlier upheld the assignee’s right to enforce the decree and to prefer …

SHIV DAYAL GUPTAversusSTATE OF RAJASTHAN AND ANR.

2005 INSC 614Dismissed

Shiv Dayal Gupta, an Additional District Judge of the Rajasthan Higher Judicial Service, was compulsorily retired on the basis of a Review Committee report prepared by four senior High Court judges and approved by the Full Court, which held that his continuance would be a liability to the department …

M/S. U.P.S.R.T.C.versusIMTIAZ HUSSAIN

2005 INSC 613Appeal(s) allowed

The respondent, a conductor, was suspended and later removed from service for not issuing tickets. The Labour Court reinstated him but held he was not a permanent conductor and therefore denied back wages. The respondent filed an application under Section 6(6) of the Uttar Pradesh Industrial …

STATE OF ORISSA AND ORS.versusGOPINATH DASH AND ORS.

2005 INSC 610Appeal(s) allowed

The State of Orissa issued an executive order to allot quarters to armed police personnel on a rotational basis for a minimum of three years, aiming to address a shortage of accommodation. Petitioners challenged this policy as unfair and illegal, first before the Orissa Administrative Tribunal, …

NATIONAL INSURANCE COMPANY LTD.versusMASTAN AND ANR.

2005 INSC 611Appeal(s) allowed

Mastan, a cleaner employed by the owner of a lorry insured by National Insurance Company Ltd., was injured (45‑50% disability) in a road accident while driving the employer's vehicle. He filed a claim under the Workmen's Compensation Act, 1923 and obtained an award of compensation payable by the …

ADMINISTRATOR KAMALA NEHRU MEMORIAL HOSPITALversusVINOD KUMAR

2005 INSC 599Appeal(s) allowed

The Administrator of Kamala Nehru Memorial Hospital terminated the services of clerk Vinod Kumar, who claimed that he had worked continuously for at least 240 days in a calendar year and was therefore entitled to protection under Section 6(N) of the Uttar Pradesh Industrial Disputes Act. The Labour …

SIVAKUMARversusSTATE BY INSPECTOR OF POLICE

2005 INSC 600Dismissed

The appellant Sivakumar was convicted under Section 304 Part II of the Indian Penal Code for the death of his relative, based on circumstantial evidence, the recovery of an air‑gun, and an extra‑judicial confession he made to a Village Administrative Officer (VAO) and later to a police inspector. …

SUBHASH SHAMRAO PACHUNDEversusSTATE OF MAHARASHTRA

2005 INSC 601Dismissed

The appellant and his co‑accused, members of a joint family, attacked the deceased and a complainant while they were standing on their own plot watching the planting of an almond tree. The victims retreated, fell into a gutter and were assaulted with a knife, pick‑axe and other weapons; the deceased …

U.P. STATE BRASSWARE CORPN. LTD. AND ANR.versusUDAI NARAIN PANDEY

2005 INSC 602Case Partly allowed

The workman Udai Narain Pandey was engaged on a daily‑wage basis for a fixed tenure by U.P. State Brassware Corporation Ltd. His services were terminated on the expiry of that tenure, but he had rendered more than 240 days of service in the preceding year, making him a "workman" under Section 6‑N of …

HARJIT SINGHversusSTATE OF PUNJAB

2005 INSC 603Appeal(s) allowed

Harjit Singh was convicted by the trial court under Section 304‑B IPC for the alleged dowry death of his wife, Jasbir Kaur, and sentenced to seven years' rigorous imprisonment. On appeal, the Supreme Court examined whether the prosecution had proved the essential ingredients of a dowry death – that …

MEERA KANWARIAversusSUNITA AND ORS.

2005 INSC 605Appeal(s) allowed

The first respondent, a Rajput woman, married a Scheduled Caste man and fraudulently obtained a Scheduled Caste certificate by birth, which was later cancelled. She contested a Delhi municipal corporation election for a seat reserved for Scheduled Caste women and was declared elected. The appellant, …

HINDUSTAN COPPER LTD. AND ANR.versusBANSHI LAL AND ORS.

2005 INSC 606Disposed off

Hindustan Copper Ltd., a government undertaking, closed its Dariba mine and offered employees the choice of transfer or a Voluntary Retirement Scheme (VRS). While 112 employees opted for VRS, ten later withdrew their offers. The company refused the withdrawals, relying on a clause in the option form …

M/S. TASHI DELEK GAMING SOLUTIONS LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 607Appeal(s) allowed

The appellants, lottery agents of the State of Sikkim, had invested heavily in an online lottery network in Karnataka. Karnataka issued a notification under Section 5 of the Lotteries (Regulation) Act, 1998 prohibiting online lotteries, which threatened the appellants' business and exposed them to …

CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD.versusRAMU PASI AND ANR.

2005 INSC 608Disposed off

Ramu Pasi, a casual worker in the factory of Central Mine Planning and Design Institute Ltd., claimed compensation under the Workmen's Compensation Act, 1923 for an injury to his left ring finger suffered on 11 June 1986. The Labour Court awarded Rs 4001, but the employer appealed, contending that a …

INCOME TAX OFFICER, BANGALOREversusM/S. INDUFLEX PRODUCTS (P) LTD.

2005 INSC 609Appeal(s) allowed

Induflex Products (P) Ltd, an export house, claimed a deduction under Section 80HHC of the Income Tax Act, 1961 despite declaring a loss on its export of trading goods. The Assessing Officer allowed the deduction, but the Commissioner ordered its withdrawal. The Income Tax Appellate Tribunal …

COMMISSIONER OF CENTRAL EXCISE, MEERUTversusM/S. MAHARSHI AYURVEDA CORPORATION LTD.

2005 INSC 595Dismissed

Maharshi Ayurveda Corporation Ltd manufactured a tonic called “Herbonic”, a mixture of vegetables, nuts, seeds and other plant parts, and claimed nil excise duty under heading 2001.90 of Chapter 20 of the Central Excise Tariff Act, 1985. The Revenue argued that the product should be classified under …

STATE OF ORISSA AND ANR.versusSAROJ KUMAR SAHOO

2005 INSC 596Appeal(s) allowed

The State of Orissa filed FIRs against Saroj Kumar Sahoo and Nalinikanta Muduli for alleged offences under the IPC and the Prevention of Corruption Act. While the investigation was still pending, a Single Judge of the Orissa High Court exercised its inherent power under Section 482 of the Code of …

S.D. SINGHversusJHARKHAND HIGH COURT, THROUGH R.G. AND ORS.

2005 INSC 597Dismissed

The petitioner, an Additional District Judge, was ordered by the Jharkhand High Court to retire at age 58, denying him the benefit of the extended retirement age to 60 years mandated by Supreme Court directions. He challenged the order under Article 32, arguing that the High Court had not complied …

STATE OF M.P. AND ORS.versusONKAR PRASAD PATEL

2005 INSC 598Disposed off

Onkar Prasad Patel, a helper in the Public Health Engineering Department of Madhya Pradesh, worked continuously from 17 November 1991 and sought regularisation as a permanent employee under the Madhya Pradesh Industrial Relations Act, claiming six months of satisfactory service in a clear vacancy. …

NIRMALJIT KAURversusSTATE OF PUNJAB AND ORS.

2005 INSC 593Disposed off

The widow Nirmaljit Kaur filed a writ petition under Article 32 seeking production of her minor daughter, alleging that the husband's siblings forcibly took the child after his death and concealed her whereabouts. The respondents claimed the child had lived with them since birth and produced a …

UMRAO SINGHversusPUNJABI UNIVERSITY, PATIALA AND ORS.

2005 INSC 594

Punjabi University advertised three Lecturer positions in Defence & Strategic Studies, requiring a MA, UGC eligibility test or exemption via M.Phil/Ph.D. thesis submission by 31 Dec 2002, and a Punjabi language qualification. The High Court quashed the selections of Umrao Singh, Kewal Krishan and …

KAILASBHAI SHUKARAM TIWARIversusJOSTNA LAXMIDAS PUJARA AND ANR.

2005 INSC 592Appeal(s) allowed

The landlord let an apartment to a tenant in 1975. The tenant later shifted to another residence in 1981, but the tenant's husband's cousin continued to occupy the original premises. The landlord filed an eviction suit under Sections 13(1)(e) (sub‑letting) and 13(1)(k) (non‑use) of the Bombay Rents, …

PROCTER & GAMBLE HYGIENE & HEALTH CARE LTD.versusCOMMISSIONER OF CENTRAL EXCISE, BHOPAL.

2005 INSC 591Appeal(s) allowed

Procter & Gamble manufactured detergent powder (AMS) in 25 kg bulk packs at its Bhopal plant and sent the powder to an independent job‑worker, IED, for repacking into 20 g and 30 g sachets. The Revenue issued a show‑cause notice alleging that the assessee had suppressed the true price of the product …

LIFE INSURANCE CORPORATION OF INDIAversusR. DHANDAPANI

2005 INSC 590Appeal(s) allowed

R. Dhandapani, an assistant with Life Insurance Corporation of India (LIC), was transferred to a new branch but failed to join, subsequently taking privileged and medical leave without furnishing a medical certificate from the LIC‑designated doctor. The employer issued a charge sheet for …

JALARAMversusSTATE OF RAJASTHAN

2005 INSC 587Case Partly allowed

Four brothers, including the deceased, were moving cattle through a field owned by Sonaram when Jalaram and six other accused, who were hiding in the field, assaulted them with lathis. Jalaram delivered a single blow to the deceased's forehead, causing instant death. The trial court convicted …

M/S. SANJEEV WOOLEN MILLSversusCOMMISSIONER OF INCOME TAX, MUMBAI

2005 INSC 588Dismissed

Mis. Sanjeev Woolen Mills, a manufacturer and exporter of woolen blankets, valued its closing stock of finished goods at market price (converted from US dollars) rather than at cost or the lower of cost/market. Due to a sharp rupee devaluation in AY 1992‑93, this method produced an inflated gross …

VISHNU@ UNDRYAversusSTATE OF MAHARASHTRA

2005 INSC 589Dismissed

The accused, a taxi driver, was convicted of raping a girl, Pushpa, who was allegedly under 16 years of age. Two dates of birth were on record – 29‑Nov‑1964 from municipal and hospital registers and 29‑Jun‑1963 from a school leaving certificate. A medical officer’s ossification test suggested the …

CHAIRMAN, OIL AND NATURAL GAS CORPORATION LTD. AND ANR.versusSHYAMAL CHANDRA BHOWMIK

2005 INSC 583Appeal(s) allowed

The respondent, a casual worker of ONGC, claimed that he had worked more than 240 days in a year and sought regularisation of his service through a writ petition. The Guwahati High Court allowed the petition, holding that the employer bore the burden of proving the contrary. ONGC appealed, arguing …

M/S. KARTA RAM RAMESHWAR DASSversusRAM BILAS AND ORS.

2005 INSC 584Case Partly allowed

The case involved a shop jointly owned by two brothers, one of whom had let out the front portion to a tenant with the other co‑owner's consent. After the death of the co‑owner, his heirs sold their share and the surviving co‑owner filed a suit for partition. The trial court ordered a longitudinal …

COMPETENT AUTHORITYversusBARANGORE JUTE FACTORY AND ORS.

2005 INSC 585Dismissed

The Supreme Court examined a Central Government notification under Section 3A of the National Highways Act, 1956 that sought to acquire land for a highway. The petitioners argued that the notification failed to give a brief description of the land and lacked a plan, rendering it invalid. The Court …

PRATAP SINGH AND ANR.versusSTATE OF MADHYA PRADESH

2005 INSC 586Appeal(s) allowed

The incident involved the assault and death of Vidya Ram on 20 December 1981, allegedly by the appellants wielding a lathi and bharcha. The sole eye‑witness, a minor named Mangal Singh, claimed he saw the assault from a mound, but his testimony contained material contradictions, including differing …

UNION OF INDIA AND ANR.versusMAJOR BAHADUR SINGH

2005 INSC 581Disposed off

Major Bahadur Singh, a serving officer, was considered for promotion to Lieutenant Colonel by Selection Boards in 1995‑96 but was not empanelled. He filed statutory complaints to set aside his Annual Confidential Report (ACR) entries for 1988‑89 and 1989‑90, alleging adverse remarks that were not …

STATE OF ORIS SA AND ORS.versusMD. ILLIYAS

2005 INSC 582Appeal(s) allowed

The Sarpanch of Neulapur Gram Panchayat, MD Illiyas, was alleged to have collected illegal gratification and misled poor beneficiaries under the Indira Avas Yojana. A Sub‑Collector conducted an inquiry, concluded that the Sarpanch had wilfully abused his powers, and the Collector suspended him under …

RAJINDER SINGH CHAUHAN AND ORS.versusSTATE OF HARYANA AND ORS.

2005 INSC 579Appeal(s) allowed

The appellants, employees of the Haryana State Federation of Consumers Co‑operative Wholesales Stores Ltd (CONFED), were retrenched under Section 25‑F of the Industrial Disputes Act, 1947. They challenged the retrenchment, contending that Section 25‑N, which applies to industrial establishments, …

COMMISSIONER OF CENTRAL EXCISE, INDOREversusM/S. S. KUMARS LTD. AND ORS.

2005 INSC 580Disposed off

The Commissioner of Central Excise challenged the valuation method used by Mis. S. Kumars Ltd. for processed grey fabric. The respondent sometimes processed fabric on its own account and sometimes on a job‑work basis for "merchant manufacturers". For 1‑Sept‑1985 to 28‑Feb‑1989 it valued the …

HARWINDRA KUMARversusCHIEF ENGINEER, KARMIK AND ORS.

2005 INSC 575Appeal(s) allowed

The petitioners, former employees of the Uttar Pradesh Local Self‑Government Engineering Department who became employees of Uttar Pradesh Jal Nigam under the 1975 Water Supply and Sewerage Act, challenged the Nigam’s order that they retire at 58 years despite a 2002 amendment to Rule 56(a) of the …

E. PARASHURAMAN (D) BY LRS.versusV. DORAISWAMY (D) BY LRS.

2005 INSC 576Dismissed

The dispute concerned a building owned by the Bangalore Mahanagar Palike that had been leased to Dhanpal and later sold to Doraiswamy through a court‑executed sale deed. Doraiswamy, acting as landlord, filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona‑fide …

M/S. KABINI MINERALS PVT. LTD. AND ANR.versusSTATE OF ORISSA AND ORS.

2005 INSC 577Dismissed

Kabini Minerals Pvt Ltd applied on 7 October 2002 for a 10‑year quarry lease for decorative stones, having only entered a land‑purchase agreement and ordered machinery but not yet established a processing unit. Respondent No.4 applied later, on 5 December 2002, and purchased an already‑operating …

SHAIKH SALIM HAJI ABDUL KHAYUMSABversusKUMAR AND ORS.

2005 INSC 578Appeal(s) allowed

In a civil suit for partition, the defendants were required to file a written statement within 30 days, with a possible extension up to 90 days under Order VIII, Rule 1 of the CPC. The trial court, however, granted an extension till 19‑Feb‑2004, which fell beyond the 90‑day limit, and the defendants …

PUNJAB STATE ELECTRICILY BOARDversusDARBARA SINGH

2005 INSC 569Appeal(s) allowed

The Punjab State Electricity Board appointed the respondent as a daily‑wage peon for a series of specific, conditional periods, ending when a regular employee was hired. After the appointment ended in June 1989, the respondent filed a demand for reinstatement in 1997; the Labour Court ordered …

STATE OF HIMACHAL PRADESHversusASHA RAM

2005 INSC 570Appeal(s) allowed

The State of Himachal Pradesh appealed the acquittal of Asha Ram, who had been convicted by the trial court for raping his minor daughter. The High Court set aside the conviction on the ground that the medical evidence was unreliable and that there was no corroboration of the victim’s testimony. The …

DIRECTOR GENERAL DOORDARSHAN MANDI HOUSE, NEW DELHI AND ORS.versusMANAS DEY AND ORS.

2005 INSC 572Appeal(s) allowed

The appellants challenged the entitlement of the respondents to "temporary" status under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1993. The respondents, who had worked as casual labourers from 1988 to 1997, claimed that they satisfied the scheme’s requirement of at …

STATE OF PUNJAB AND ORS.versusM/S CHHABRA RICE MILLS AND ORS

2005 INSC 574Dismissed

The State of Punjab appealed against Mis Chhabra Rice Mills challenging the levy of purchase tax on the market fee charged to buyers under the Punjab General Sales Tax Act, 1948. The issue was whether the market fee, paid to the market committee, forms part of the turnover for tax purposes. The …

NARAYAN CHANDRA GHOSH AND ORS.versusKANAILAL GHOSH AND ORS.

2005 INSC 567Dismissed

The case concerned eviction suits filed by thika tenants (Kanailal Ghosh and others) against Bharatias (Narayanchandra Ghosh and others) occupying rooms in a house. The suits were filed under the Calcutta Thika Tenancy Act, 1949, before the Calcutta Thika Tenancy (Acquisition and Regulation) Act, …

RITE APPROACH GROUP LTD.versusM/S. ROSOBORONEXPORT

2005 INSC 568Rejected

Rite Approach Group Ltd, a Singapore company acting as an agent for Russian Technologies (later merged into Rosoboronexport), helped procure a contract for six helicopters for India's Border Security Force and was entitled to a 16% commission. Rosoboronexport refused to pay the commission, prompting …

F.C.I. AND ORS.versusSONELAL

2005 INSC 565Disposed off

The Food Corporation of India (FCI) initiated disciplinary proceedings against its employee, Sonelal, and imposed compulsory retirement under Regulation 56 of the FCI (Staff) Regulations, 1971. Sonelal challenged the order, arguing that it was passed by an authority lower in rank than the appointing …

MADAN LAL AND ANRversusBAL KRISHAN AND ORS.

2005 INSC 566Disposed off

The Supreme Court examined a civil appeal (No. 918 of 2000) wherein the Himachal Pradesh High Court had allowed a second appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating any substantial question of law. The appellant contended that the High Court erred by reversing …

JAGDISH KUMAR AND ORS.versusSTATE OF H. P. AND ORS.

2005 INSC 562Appeal(s) allowed

The appellants were recruited as Tracer Draftsmen between 1974‑76 under a government relaxation of the qualification requirements in Rule 6(i) of the Himachal Pradesh PWD Draftsmen and Tracers Rules, 1961. They were placed in the seniority list in 1977 before passing the departmental examination, …

U.P.S.R.T.C.versusMAHENDRA NATH TIWARI AND ANR.

2005 INSC 563Case Partly allowed

The Uttar Pradesh State Road Transport Corporation (U.P.S.R.T.C.) dismissed conductor Mahendra Nath Tiwari for driving a bus without authority, failing to issue a ticket to a lone passenger, and possessing twelve used tickets. The Labour Court reduced the punishment, reinstated him with continuity …

STATE OF ANDHRA PRADESH AND ANR.versusA.P. PENSIONERS ASSOCIATION AND ORS.

2005 INSC 564Appeal(s) allowed

The State of Andhra Pradesh issued a Pay Revision Committee recommendation and Government Order No. 114 (1999) that revised pay scales would be notionally effective from 1 July 1998 with monetary benefits payable from 1 April 1999. Employees who retired between 1 July 1998 and 31 March 1999 claimed …

RAJAN RAIversusSTATE OF BIHAR

2005 INSC 559Dismissed

The appellant Rajan Rai was convicted of murder under Section 302 read with Section 34 of the IPC and under Sections 3 and 5 of the Explosive Substances Act for allegedly throwing a bomb that killed his brother. Four co‑accused were earlier acquitted by the High Court, while a fifth co‑accused had …

HARBANSversusOM PRAKASH AND ORS.

2005 INSC 560Dismissed

Harbans (plaintiff) and co‑defendants claimed ownership of a suit land on the basis that a usufructuary mortgage created over a century ago had become extinguished because the statutory limitation period for redemption (60 years) had expired. The defendant, Om Prakash, asserted that he had redeemed …

UDAY SHANKAR TRIYARversusRAM KALEWAR PRASAD SINGH AND ANR.

2005 INSC 558Dismissed

The landlord filed an eviction suit against A.N. Singh and the District Congress Committee (DCC). Both appealed the eviction decree, but the appeal memorandum was signed only by A.N. Singh and was accompanied by a vakalatnama executed solely by him, with no separate vakalatnama for DCC. After A.N. …

S.K. SHUKLA AND ORS.versusSTATE OF U.P. AND ORS

2005 INSC 561

The Supreme Court examined a raid that uncovered AK‑56 rifles, ammunition and about 600 g of explosive material at the residence of three accused, leading to prosecution under the Prevention of Terrorism Act, 2002 (POTA). The State Government’s order withdrawing the POTA cases and the Review …

RUKMANI AMMAL AND ANR.versusJAGDEESA GOUNDER

2005 INSC 555Appeal(s) allowed

The case involved a usufructuary mortgage where the mortgagee, Rukmani Ammal, purchased the mortgaged property in a court‑sanctioned auction in 1966. The plaintiff, Jagdesa Gounder, who had bought a portion of the property from the original owner in 1964, sued for declaration of title and …

PARAMJIT BHASIN AND ORS.versusUNION OF INDIA AND ORS.

2005 INSC 556Disposed off

The petitioners challenged state government notifications that allowed vehicles to continue carrying excess load after the offence had been compounded under Section 200 of the Motor Vehicles Act, 1988. The Court examined the provisions of Sections 113, 114, 194 and 200, holding that Section 200 only …

GURPREET SINGHversusSTATE OF PUNJAB

2005 INSC 557

The Supreme Court examined the murder of Kuljit Singh, where the accused Gurpreet Singh and Mohinder Pal Singh, along with others, were convicted under Section 302 IPC. The prosecution proved beyond reasonable doubt that the accused shared a common intention to kill, supported by eyewitness …

AJAI AGRAWAL AND ORS.versusHAR GOVIND PRASAD SINGHAL AND ORS.

2005 INSC 548Appeal(s) allowed

The appellants, legal heirs of a tenant, challenged a suit for recovery of arrears and eviction filed by the landlord who claimed periodic rent enhancements to Rs 200 and Rs 400 per month after the tenant carried out improvements. The lower courts had accepted the landlord's oral agreement for such …

M/S. AMAR ALCOHOLI LTD.versusSICOM LTD. AND ANR.

2005 INSC 549Dismissed

Mis. Amar Alcohol Ltd. obtained a Rs.90‑lakh loan from SI Com Ltd., a State Financial Corporation (SFC) originally 100% owned by the Maharashtra Government. After the government reduced its share to 49%, the borrower defaulted and SI Com invoked Section 29 of the State Financial Corporations Act, …

PATTAMMAL AND ORS.versusUNION OF INDIA AND ANR.

2005 INSC 550Disposed off

The Supreme Court examined the fixation of market value for lands acquired under the Land Acquisition Act for a stadium in Karaikal. The Reference Court had classified the lands as potential house sites and fixed the market value at Rs.13,500 per acre, while the Madras High Court reduced it to …

ORISSA AGRO INDUSTRIES CORPORATION LTD. AND ORS.versusBHARATI INDUSTRIES AND ORS.

2005 INSC 551Appeal(s) allowed

The Orissa Agro Industries Corporation entered into a non‑statutory contract with Sharati Industries to lift unserviceable machinery and scrap. A dispute arose over the value of the items actually lifted, with the respondent claiming breach of contract and seeking a refund of Rs 8.5 lakhs plus …

RAMASHRAY YADAY AND ORS.versusSTATE OF BIHAR

2005 INSC 553Dismissed

The deceased, a timber merchant, was shot dead by three local goondas who demanded a "goonda tax" which he refused to pay. The prosecution’s case rested on the testimony of the deceased’s brother (PW12), corroborated by the tractor driver (PW3) and a by‑stander (PW5), as well as medical evidence. …

DILAWAR SINGHversusPARVINDER SINGH@ IQBAL SINGH AND ANR.

2005 INSC 554Appeal(s) allowed

The Supreme Court examined whether a public servant, Dilawar Singh, could be summoned and tried under Section 13(2) of the Prevention of Corruption Act, 1988 when no specific sanction under Section 19 had been obtained for him. The case arose from a complaint alleging extortion by police officials, …

R.M. YELLATTIversusTHE ASST. EXECUTIVE ENGINEER

2005 INSC 545Appeal(s) allowed

The appellant, a daily‑wage worker appointed on 26‑Nov‑1988, was terminated on 20‑Jun‑1994 and claimed that he had worked continuously for more than 240 days in the preceding year, invoking section 25‑F of the Industrial Disputes Act, 1947. The labour court held him to be a workman, found that he …

N. NANALAL KIKLAWALA AND ANR.versusSTATE OF GUJARAT AND ORS.

2005 INSC 546Case Partly allowed

The appellants sought a writ of mandamus directing the Nagarpalika to implement a town planning scheme that had been sanctioned under the Gujarat Town Planning and Urban Development Act, 1976. The High Court Single Judge granted the direction, but the Division Bench set it aside on the ground that a …

BHAVNESH MOHANLAL AMIN AND ANR.versusNIRMA CHEMICALS WORKS LTD. AND ANR.

2005 INSC 547Disposed off

The respondents, Nirma Chemicals Works Ltd., owned the registered trademarks "NIRMA" and "NIMA" for soaps, detergents and other consumer items. The appellants, Bhavnesh Mohanlal Amin and others, began using the mark "NIMA" for electric flour mills (Class 7) and were served notice to cease. The …

ROMESH LAL JAINversusNAGINDER SINGH RANA AND ORS.

2005 INSC 540Appeal(s) allowed

The case arose from a FIR lodged by a Sub‑Inspector (the respondent) against M/s Jain Gas Agency under the Essential Commodities Act, which the appellant claimed was false and alleged that the officer had misappropriated gas cylinders and accepted a bribe. The Special Judge directed the …

BISHNA@ BHISWADEB MAHATO AND ORS.versusSTATE OF WEST BENGAL

2005 INSC 541Disposed off

The case arose from a violent altercation over a disputed plot of land in Bhadsa village, where the accused, armed with various weapons, chased and assaulted the complainants, resulting in the death of Prankrishna Mahato and injuries to several others. The accused claimed private defence of property …

TRILOKI NATH AND ORS.versusSTATE OF U.P.

2005 INSC 542Dismissed

The appellants, who owned a plot of land, removed wood that villagers had piled for Holika Dahan and chased a servant away. A confrontation ensued about 300 paces from the plot, during which the accused Jitendra fired a shot killing Nanhe. The trial court convicted the accused under Sections 302 and …

BALDEV SINGHversusUNION OF INDIA AND ORS.

2005 INSC 543Dismissed

Baldev Singh, an Indian Army officer enrolled in 1978, was arrested in 1987 and convicted under Sections 302, 34 and 452 of the IPC, leading to his dismissal in 1990. The High Court acquitted him in 1992, after which he claimed reinstatement, arrears of pay for the custody period (March …

FORUM, PREVENTION OF ENVN. AND SOUND POLLUTIONversusUNION OF INDIA AND ORS.

2005 INSC 537Dismissed

The Forum, an environmental NGO, challenged the constitutional validity of sub‑rule (3) of Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000, which permits State Governments to relax night‑time loud‑speaker restrictions for up to fifteen days a year during cultural or religious …

COMMISSIONER OF CUSTOMS (IMPORTS), MUMBAIversusM/S. TULLOW INDIA OPERATIONS LTD.

2005 INSC 544Disposed off

The case concerned the customs duty exemption for magnetic tapes (IT software) imported by ONGC and Tullow India Operations Ltd. for seismic surveys under petroleum exploration contracts. The exemption notification required the importer to produce an essentiality certificate from the Directorate …

PUNJAB AND SIND BANK AND ORS.versusMOHINDER PAL SINGH AND ORS.

2005 INSC 538

Amarjit Singh Sahni, a cashier‑clerk of Punjab and Sind Bank, applied for voluntary retirement under the bank's scheme (effective 1‑31 Dec 2000) but withdrew his application on 22 Dec 2000 before the bank had accepted it. The bank later treated him as relieved from service on 28 Jan 2001 and denied …

MYLAPORE CLUBversusSTATE OF TAMIL NADU AND ANR.

2005 INSC 539Dismissed

The Madras City Tenants Protection Act, 1921 gave tenants who built structures on landlords' land protection against eviction and a right to compensation. The Madras City Tenants Protection (Amendment) Act, 1994 (effective 1996) amended the Act to exempt tenancies of land owned by religious …

RAMADHAR SHRIVASversusBHAGWANDAS

2005 INSC 531Appeal(s) allowed

Ramadhar purchased a house from Hiralal, who was held by a trial court to be the absolute owner. In the earlier suit, the court found that Bhagwandas was a tenant paying rent to Hiralal and, after the sale, became a tenant of Ramadhar; the suit against him was dismissed. In a later suit for eviction …

SATRUCHARLA VIJAYA RAMA RAJUversusNIMMAKA JAYA RAJU AND ORS.

2005 INSC 532Dismissed

The appellant, elected from the Naguru (ST) constituency in 1999, was challenged under Section 80 of the Representation of the People Act on the ground that he did not belong to the "Konda Dora" Scheduled Tribe but was a Kshatriya. The appellant argued that an earlier election petition (E.P. 13 of …

P.K. SHAJI @ THAMMANAM SHAJIversusSTATE OF KERALA

2005 INSC 534Dismissed

The appellant, P.K. Shaji, was charged under Sections 120B and 307 IPC and was granted bail by the Sessions Court with specific conditions, including reporting to the investigating officer on designated days and seeking magistrate’s permission before entering the sessions division. The bail order …

BABUBHAI ODHAVJI PATEL, ETC. ETC.versusSTATE OF GUJARAT

2005 INSC 535Dismissed

The appellant, owner of a tanker lorry, was stopped by police on routine patrol at 5:30 a.m. and a search revealed over 5 kg of opium concealed in the vehicle. He was convicted under Section 17 of the NDPS Act. On appeal, he challenged the validity of the search under Sections 42 and 50 of the NDPS …

SUDHIR G. ANGUR AND ORS.versusM. SANJEEV AND ORS.

2005 INSC 533Dismissed

The respondents, trustees of an educational trust, filed a suit under Section 92 of the Code of Civil Procedure, 1908 seeking cancellation of a lease of trust property and removal of certain trustees, alleging forgery and mismanagement. The appellants contended that the Mysore Religious and …

C.K. JIDHEESHversusUNION OF INDIA AND ORS.

2005 INSC 536Dismissed

The petitioner, who runs a colour photographic film developing and printing business, challenged a Ministry of Finance letter that clarified the Service Tax provisions of the Finance Act, 1994 (as amended by Act 14 of 2001). The letter stated that the taxable value of photography services is the …

JAYENDRA SARASWATHY SWAMIGAL, TAMIL NADUversusSTATE OF TAMIL NADU AND ORS.

2005 INSC 528Appeal(s) allowed

Jayendra Saraswathy Swamigal, head of the Kanchi Mutt, was charged with conspiracy to murder the in‑charge manager of Devarajaswamy Devasthanam. He and 24 co‑accused filed a transfer petition under Section 406 of the CrPC, alleging that the Tamil Nadu State machinery was fabricating evidence, …

STATE OF GUJARATversusMIRZAPUR MOTI KURESHI KASSAB JAMAT AND ORS.

2005 INSC 525Dismissed

The Gujarat Legislature enacted the Bombay Animal Preservation (Gujarat Amendment) Act, 1994, imposing a total ban on the slaughter of bulls and bullocks of any age. Butchers (Kureshis) challenged the amendment as an unreasonable restriction on their right to practice any profession under Article …

UNION OF INDIAversusHARINDER PAL SINGH AND ORS.

2005 INSC 529Dismissed

The Union of India sought to acquire 3,512.33 acres in five villages for the extension of the Amritsar Cantonment. The Collector awarded compensation based on land categories, but claimants obtained enhanced compensation through the belting method in the District Court. The Punjab and Haryana High …

M/S. S.B.P. AND CO.versusM/S. PATEL ENGINEERING LTD. AND ANR.

2005 INSC 526Disposed off

The case concerned the nature of the power exercised by the Chief Justice of a High Court or the Chief Justice of India under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint arbitrators when parties fail to do so. The petitioners argued that this power is judicial, requiring …

C. ALBERT MORRISversusK. CHANDRASEKARAN AND ORS.

2005 INSC 530Dismissed

C. Albert Morris leased a vacant plot in Pondicherry to operate a petrol bunk. The lease expired in 1996 and the landlord, K. Chandrasekaran, served a notice to vacate, filed an eviction suit (later dismissed for default), and sought cancellation of the No‑Objection Certificate (NOC) and non‑renewal …

K.R. PURUSHOTHAMANversusSTATE OF KERALA

2005 INSC 522Appeal(s) allowed

The case concerned the alleged misappropriation of gold used to make a temple ornament (Golaka) by officials of the Cochin Devaswom Board. The prosecution claimed that the assistant commissioner (appellant) conspired with a Devaswom officer (A‑3) to fraudulently divert pure gold, and that the …

SURENDRANAGAR DISTRICT PANCHAYATversusDAHYABHAI AMARSINH

2005 INSC 523Appeal(s) allowed

The Su... District Panchayat terminated the services of workman D. Amarsinh, who claimed he had been employed for over ten years and that his dismissal violated the Industrial Disputes Act, 1947. The Panchayat argued that the workman had not completed the statutory 240 days of service in the twelve …

STATE OF U.P.versusGANGA RAM AND ORS.

2005 INSC 524Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Ganga Ram and Rajendra Singh for the murder of Tula Ram under IPC Sections 302 and 34. The trial court had convicted all four accused, but the High Court set aside the convictions, relying on the absence of any …

STATE OF KARNATAKAversusLAXUMAN

2005 INSC 521Appeal(s) allowed

The State of Karnataka appealed against High Court orders that had allowed a claimant, Laxuman, to file a belated application under Section 18(3)(b) of the Karnataka‑amended Land Acquisition Act seeking a court‑directed reference for enhanced compensation. The claimant had filed the initial …

MOHD. SIDDIQ ALIversusHIGH COURT OF A.P. THROUGH REGISTRAR AND ORS.

2005 INSC 519Dismissed

The Supreme Court examined the appointment of District Munsiff magistrates in Andhra Pradesh where a number of women and SC/ST candidates were selected under Rule 22‑A(2) of the Andhra Pradesh State and Subordinate Service Rules. The petitioners argued that the rule, even after amendment, only …

ST. THERESA'S TENDER LOVING CARE HOME AND ORS.versusSTATE OF A.P.

2005 INSC 520Dismissed

The Society (St. Theresa's Tender Loving Care Home) sought permission to place a five‑year‑old girl, Sahiti, for inter‑country adoption by two U.S. residents. The child was said to have been relinquished by her mother, but the relinquishment deed was later found to be fabricated and the Society had …

UNION OF INDIA AND ANR.versusRAJA MOHAMMED AMIR MOHAMMAD KHAN

2005 INSC 513Dismissed

The respondent, an Indian citizen and sole heir of the late Raja of Mahmudabad, sought the return of properties that had been vested in the Custodian of Enemy Property after his father, a Pakistani citizen, migrated to Pakistan. The High Court held that the vesting was only for possession, …

CONTROLLER OF DEFENCE ACCOUNTS (PENSION) AND ORS.versusS. BALACHANDRAN NAIR

2005 INSC 515Appeal(s) allowed

The respondent, a former Indian Army soldier, developed anxiety neurosis and was declared medically unfit. He applied for a disability pension, which was denied on the ground that his illness was not attributable to military service. The Kerala High Court initially granted the pension, but the …

DAYANDEOGANPAT JADHAVversusMADHAV VITHAL BHASKAR AND ORS.

2005 INSC 516Dismissed

The appellant, a tenant of agricultural lands Gut Nos. 2325 and 2326, became a deemed purchaser under the Bombay Tenancy and Agricultural Lands Act, 1948 on the tillers' day of 1 April 1957. He repeatedly expressed unwillingness to purchase the land, and the Mamlatdar and Agricultural Lands Tribunal …

MASS HOLDINGS PVT. LTD.versusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.

2005 INSC 517Dismissed

Mass Holdings Pvt Ltd erected a hoarding in the Mahalaxmi area and was served a notice by the Municipal Corporation of Greater Mumbai to remove it, citing the Maharashtra Heritage Regulations, 1995. The appellant argued that the Mahalaxmi Precinct was merely a "location" in the schedule and not a …

S. BRAHMANAND AND ORS.versusK.R. MUTHUGOPAL (D) AND ORS.

2005 INSC 518Appeal(s) allowed

The plaintiffs entered into a 1989 agreement to purchase two shops and a godown, which stipulated a fixed date for performance contingent on the vacating of an injunction. In 1992 the defendants wrote requesting a postponement of performance without fixing a new date, which the plaintiffs accepted …

UNION OF INDIA AND ORS.versusGULAM MOHD. BHAT

2005 INSC 511Appeal(s) allowed

Gulam Mohd. Bhat, a constable in the Central Reserve Police Force, overstayed his sanctioned leave by 315 days. The competent authority initiated departmental proceedings and, invoking Section 11(1) of the Central Reserve Police Force Act, 1949 and Rule 27 of the 1955 Rules, ordered his removal from …

RAMLAL AND ANR.versusPHAGUA AND ORS.

2005 INSC 507Dismissed

The plaintiff, Phagua, executed a sale deed in favour of Mst. Hasrat Bi after obtaining a Rs.400 loan, simultaneously agreeing that the property would be reconveyed if the loan was repaid within three years. The loan was not repaid, Hasrat Bi's name was mutated in revenue records and she sold the …

CHENNAMMALversusMUNLMALALYAN AND ORS.

2005 INSC 508Dismissed

Munimalaiyan had taken a simple mortgage of Rs.3,000 in 1961, securing it with three properties. Unable to repay, a deed dated 22 Oct 1970 was executed, selling one of the properties to Chennammal for Rs.3,000 while reserving Munimalaiyan's right to repurchase within three years. The dispute …

UNION OF INDIA AND ORS.versusBRAJ NANDAN SINGH

2005 INSC 509Appeal(s) allowed

The respondent, a temporary sorter with the Railway Mail Service, resigned in 1977 to contest elections and his resignation was accepted. After more than two decades he applied for a pension, which was denied on the ground that Rule 26(1) of the Central Civil Services (Pension) Rules forfeits past …

SASIKUMAR AND ORS.versusKUNNATH CHELLAPPAN NAIR AND ORS.

2005 INSC 510Disposed off

The Supreme Court examined a Kerala High Court decision disposing a second appeal (No. 174/1990) without formulating any substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The appellants argued that the High Court erred by not stating the legal question, …

V. HUCHESWARANversusMADRAS HARDWARE MART

2005 INSC 505Dismissed

In a partition suit, a final decree directed the 2nd defendant, V. Hutcheswaran, to sell his one‑fifth share of a house to the other co‑owners. While the other parties sold their shares, the 2nd defendant did not. An execution petition filed twelve years after the decree was dismissed as …

UNION OF INDIA AND ORS.versusASHOK KUMAR AND ORS.

2005 INSC 506Appeal(s) allowed

The case concerned the removal of a Deputy Inspector General of the Border Security Force (BSF), Ashok Kumar, for misconduct during a raid, including falsifying his presence, suppressing seizure details and staging a fake encounter. A Staff Court of Inquiry found him delinquent and the Director …

RAMESHWAR PRASAD AND ORS.versusUNION OF INDIA AND ANR.

2005 INSC 491

The Supreme Court examined writ petitions challenging the Governor's proclamation dated 23 May 2005 that dissolved the Bihar Legislative Assembly after the state had been placed under President's Rule on 7 March 2005. The petitions argued that the dissolution was unconstitutional because the …

SRIKANTHA S.M.versusM/S. BHARATH EARTH MOVERS LTD.

2005 INSC 492Appeal(s) allowed

Srikanta S.M., a senior manager of Bharath Earth Movers Ltd., submitted a resignation on 4 January 1993 which was accepted the same day, but the company granted him casual leave until 13 January and relieved him on 15 January. He withdrew his resignation by letter on 8 January, seeking to remain in …

STATE OF KARNATAKA THROUGH CBIversusC. NAGARAJASWAMY

2005 INSC 493Disposed off

The State of Karnataka, represented by the CBI, charged C. Nagarajaswamy under the Prevention of Corruption Act for demanding illegal gratification and later for misappropriation of funds. In both cases the trial courts took cognizance and conducted full trials, but discharged the accused on the …

UNION OF INDIA THROUGH INSPECTOR, CBIversusPURNANDU BISWAS

2005 INSC 494Dismissed

Purnandu Biswas, a surveyor in the Mercantile Marine Department, was alleged to have demanded Rs 50,000 as illegal gratification from a sub‑agent (PW‑3) for issuing a clearance certificate for the vessel M.V. Lilly. After the vessel's defects were rectified, the CBI set up a trap on 17 July 1992, …

STATE THROUGH INSPECTOR OF POLICE, A.P.versusK. NARASIMHACHARY

2005 INSC 495Dismissed

The State appealed the acquittal of K. Narasimhachary, a former Mandal Revenue Inspector, who had been convicted under the Prevention of Corruption Act for taking a bribe of Rs.600. The High Court set aside the conviction on the ground that the order of sanction issued by the Governor was not proved …

N.K. SHARMAversusABHIMANYU

2005 INSC 496Dismissed

N.K. Sharma, a Class‑I officer of the Haryana Government, was deputed as Managing Director of the Haryana State Cooperative Land Development Bank Ltd. A criminal complaint for defamation (IPC s.500) was filed against him after he sent a letter alleging false implication of a colleague. Sharma was …

M/S. WESTERN INDIA PLYWOODS LTD.versusCOLLECTOR OF CUSTOMS, KOCHIN

2005 INSC 497Appeal(s) allowed

M/s Western India Plywoods Ltd. imported a set of pulp‑making machinery that included a motor vibrator with actuator. The Customs department classified the motor vibrator under the residuary heading 8479.89 of the Customs Tariff Act, 1975, while the importer argued it should fall under heading …

HARNEK SINGHversusCHARANJIT SINGH AND ORS.

2005 INSC 498Appeal(s) allowed

The case concerned an election for Chairman of a Gram Panchayat in Punjab where the initial poll resulted in a tie and the process was adjourned due to law‑and‑order problems. The Returning Officer fixed a new date for the continuation of the election, but the respondent argued that only the State …

SAROOP SINGHversusBANTO AND ORS.

2005 INSC 500Dismissed

The appellant, Saroop Singh, claimed ownership of suit properties that had been gifted to him by the widow, Indira Devi, who possessed only a life interest under the Hindu Succession Act, 1956. The respondents, Banto and others, were reversioners who sued for possession, asserting that the widow's …

P.C. VARGHESEversusDEVAKI AMMA BALAMBIKA DEVI AND ORS.

2005 INSC 501Appeal(s) allowed

The appellant, P.C. Vargese, sued the respondents for specific performance of a sale agreement covering 19 cents of land, seeking also a decree of partition. The agreement required the respondents to obtain court permission to sell the minor’s one‑fourth share, which was denied during the suit. The …

M/S. COMPACK PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, VADODARA

2005 INSC 502Case Partly allowed

Mis. Compack Pvt. Ltd., a small‑scale manufacturer of cardboard containers, claimed exemption under Central Excise Notification No. 67/82‑CE, having paid duty on the base paper component but availing MODVAT credit on a plastic‑coated paper layer. The Revenue argued that the exemption was available …

U.O.I. THROUGH GOVT. OF PONDICHERRY AND ANR.versusV. RAMAKRISHNAN AND ORS.

2005 INSC 503Dismissed

The first respondent was appointed Chief Engineer of Pondicherry's Public Works Department on short‑term deputation pending a regular appointment under the 1996 Recruitment Rules. He was repatriated after eight months and challenged the repatriation before the Central Administrative Tribunal, which …

BATALA COOPERATIVE SUGAR MILLS LTD.versusSOWARAN SINGH

2005 INSC 504Appeal(s) allowed

The workman, Sowaran Singh, claimed he was a regular employee of Batalá Cooperative Sugar Mills Ltd. from April 1986 and that his termination on 12 February 1994 was illegal, seeking reinstatement and back wages. The employer contended that Singh was engaged on a casual, seasonal basis for a …

D. GANESH RAO PATNAIK AND ORS.versusSTATE OF JHARKHAND AND ORS.

2005 INSC 487Appeal(s) allowed

The case concerned the inter‑se seniority of nine directly recruited judges (appellants) and eleven promotee judges (respondents) in the Bihar Superior Judicial Service after the creation of Jharkhand. The dispute arose because the Jharkhand High Court, relying on a committee report, declared the …

K. CHANNEGOWDA AND ORS.versusKARNATAKA PUBLIC SERVICE COMMISSION AND ORS.

2005 INSC 489Dismissed

The Karnataka Public Service Commission conducted a competitive examination for gazetted probationer posts, after which several unsuccessful candidates alleged irregularities in the evaluation of answer scripts, particularly favouritism by the Chief Examiner. The Karnataka Administrative Tribunal …

CENTER FOR PUBLIC INTEREST LITIGATION AND ANR .versusUNION OF INDIA AND ANR.

2005 INSC 488

The Supreme Court examined a petition challenging the appointment of Ms. Neera Yadav as Chief Secretary of Uttar Pradesh, where she faced pending corruption investigations and disciplinary proceedings. The petition raised whether Section 197 of the Code of Criminal Procedure, 1973, barred …

LILLY KUTTYversusSCRUTINY COMMITTEE, S.C. AND S.T. AND ORS.

2005 INSC 490Dismissed

Lilly Kutty claimed to be a Hindu Pulayan Scheduled Caste member and, on the basis of a caste certificate, was elected President of a Gram Panchayat seat reserved for Scheduled Castes. A rival candidate filed a complaint under the Kerala (Scheduled Castes and Scheduled Tribes) Regulations of Issue …

RAJASTHAN FINANCIAL CORPORATION AND ANR.versusTHE OFFICIAL LIQUIDATOR AND ANR.

2005 INSC 481Disposed off

The Rajasthan Financial Corporation and the Rajasthan State Industrial Development and Investment Corporation, as secured creditors of Vikas Woolen Mills Ltd., sought to sell the company's assets outside the winding‑up proceeding under Section 29 of the State Financial Corporations Act and to …

THE MANAGING DIRECTOR, TNSTC LTD.versusK.I. BINDU AND ORS.

2005 INSC 485Appeal(s) allowed

A bus owned by the appellant corporation collided with a motorcycle ridden by Satheesh Kumar, aged 34, who died. The widow, children and mother filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal calculated an annual dependency of Rs 46,752, applied a …

NARESH KUMAR GOYALversusUNION OF INDIA AND ORS.

2005 INSC 483Dismissed

The appellant, NARESH KUMAR GOYAL, challenged a preventive detention order issued by the State of Bihar under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging that the order was passed belatedly and that the authorities made no effort to execute it, …

BALDEV SINGH BAJWAversusMONISH SAINI

2005 INSC 486Dismissed

The Supreme Court examined an eviction dispute under the East Punjab Urban Rent Restriction Act, 1949, where a landlord who had migrated to the United Kingdom claimed NRI status and sought possession of a shop under Section 13‑B. The tenant argued that the landlord was not a genuine NRI, had not …

STATE OF HARYANA AND ORS.versusCHARANJIT SINGH AND ORS. ETC. ETC.

2005 INSC 484Disposed off

The State of Haryana appealed against several High Court orders directing daily‑wage and contract workers (ledger clerks, pump operators, fitters, etc.) to receive the minimum pay of regular Class IV employees from the date of filing their writ petitions. While the appeals were pending, the …

STATE BANK OF INDIAversusK.C. THARAKAN AND ORS.

2005 INSC 472Disposed off

The respondent, a clerk‑cum‑typist of State Bank of India, was caught copying in a bank‑conducted examination and subsequently lodged complaints against the senior officer who acted as invigilator. The bank discharged him on grounds of misconduct and prejudice to the bank's interests, a decision …

M.M. MALHOTRAversusUNION OF INDIA AND ORS.

2005 INSC 473Dismissed

M.M. Malhotra, a permanent commission officer of the Indian Air Force, was married to Roopa (Ruby) Malhotra under Hindu rites. The complainant alleged that Malhotra had an illicit relationship and had contracted a second marriage with Miss Anna Suja John, and that he brutally tortured Roopa. A …

RAJENDER SINGHversusLT. GOVERNOR, ANDAMAN & NICOBAR ISLANDS AND ORS.

2005 INSC 474Appeal(s) allowed

The appellant, a college lecturer, sought regularisation of his service and award of senior scale and selection grade under the UGC Career Advancement Scheme. The Central Administrative Tribunal had granted these benefits, but the Calcutta High Court set aside the tribunal's order and later rejected …

RUMA CHAKRABORTYversusSUDHA RANI BANERJEE AND ANR.

2005 INSC 475Dismissed

The landlady filed an eviction suit against the tenant for sub‑letting without consent; the tenant had left the premises and his divorced wife, Ruma Chakraborty, remained only as custodian of their minor children. Chakraborty sought to be impleaded as a party defendant under Order I Rule 10(2) CPC, …

HAFIZversusSTATE OF U.P.

2005 INSC 476

The case involved a dispute over irrigation water between Hafiz, his brothers Rafiq and Sharif, their cousin Lal Mohammad and the deceased Abdul Rahman. The accused assaulted the deceased with lathis, claiming they acted in private defence because the deceased allegedly threatened them with a …

SARUP SINGHversusSTATE OF PUNJAB

2005 INSC 477Dismissed

The appellant, a police constable, along with two fellow constables, entered the residence of the victims at night, broke doors, and fired upon them, resulting in the murder of Kans Kaur and injuries to Joginder Singh and Avtar Singh. The prosecution proved the case through eye‑witness testimony, …

M/S. SAIT NAGJEE PURUSHOTHAM AND CO. LTD.versusVIMALABAI PRABHULAL AND ORS.

2005 INSC 478Dismissed

A joint Hindu family owned a building that was let to a partnership firm, which later converted into a private limited company in 1948. The landlords, members of the family, sought eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965 on the grounds of bona‑fide need for business …

STATE OF RAJASTHANversusM/S. NAV BHARAT CONSTRUCTION CO.

2005 INSC 479Disposed off

The State of Rajasthan awarded a construction contract to Nav Bharat Construction Co., which later terminated the contract for delay. The contractor filed multiple claims, of which the district court initially referred only one claim to arbitration; the High Court later ordered all four claims to be …

G. SRINIVASGOUDversusSTATE OF A.P.

2005 INSC 467Dismissed

The appellants, G. Srinivas Goud and another, were convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 20 kg of diazepam seized during a raid conducted by a gazetted officer. They challenged the conviction on three grounds: (i) the search was not …

STATE TEXTILE CORPORATION LTD.versusP.C. CHATURVEDI AND ORS.

2005 INSC 468Disposed off

The Uttar Pradesh State Textile Corporation Ltd terminated P.C. Chaturvedi, a senior employee, after disciplinary proceedings for alleged misconduct. The employee challenged the termination on the grounds that the enquiry officer had not supplied certain documents and that he was denied subsistence …

STATE OF M.P.versusBALA @ BALARAM

2005 INSC 464Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order that reduced the conviction of Bala for rape (under IPC s.376(2)(g)) from the statutory minimum of ten years' rigorous imprisonment to the nine‑month period already served. The Supreme Court examined whether the High Court could lawfully depart …

GAYA PRASAD KARversusSUBRATA KUMAR BANERJEE

2005 INSC 470Appeal(s) allowed

The landlord claimed the tenant defaulted on rent from March 1994 and filed an eviction suit under the West Bengal Premises Tenancy Act, 1956. The tenant had tendered the March rent twice in April 1994, but the landlord refused to accept it, prompting the tenant to deposit the rent with the Rent …

BANGALORE DEVELOPMENT AUTHORITY AND ORS.versusR. HANUMAIAH AND ORS.

2005 INSC 471Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired land for the Koramangala layout under the Mysore/Land Acquisition Acts, paid compensation and took possession. The predecessor Board of Trustees (CITB) passed a 1972 resolution to re‑convey 6 acres 20 guntas to R. Hanumaiah, subject to the …

COMMISSIONER OF CENTRAL EXCISE, NEW DELHIversusM/S. HARI CHAND SHRI GOPAL ETC.

2005 INSC 465Matter referred to larger bench

The Supreme Court examined whether manufacturers of chewing tobacco could claim input relief under exemption Notification No.121/94‑CE when they had not complied with the Chapter X procedure of the Central Excise Rules, 1944. The assessees argued that the intended use of the intermediate product …

SHAKUNTLA DEVIversusUNION OF INDIA AND ANR.

2005 INSC 466Dismissed

The petitioner, Shakuntla Devi, filed a writ petition under Article 32 of the Constitution seeking a pension as a freedom fighter, alleging that the State Government had not recommended her claim to the Central Government. The petition was presented before the Supreme Court, with Madan Mohan Rai …

RAKESH VIJversusRAMINDER PAL SINGH SETHI

2005 INSC 460

The appellant, Rakesh Vij, challenged an eviction order against his father’s tenancy in a shop‑cum‑flat in Chandigarh, arguing that the landlord could not evict a tenant from a non‑residential building under the East Punjab Urban Rent Restriction Act, 1949 as amended in 1974. The Court examined the …

SIDHARTH ETC. ETC.versusSTATE OF BIHAR

2005 INSC 462

The State of Bihar prosecuted three accused—Amit Das, Sidharth and Rohan Prakash—for the murder of a student named Abhishek, alleging a conspiracy in which Amit Das shot the victim with a country‑made pistol supplied by Sidharth. Amit Das made a detailed confession before a Judicial Magistrate …

M/S. GOPAL ZARDA UDYOG AND ORS.versusCOMMISSIONER OF CENTRAL EXCISE, NEW DELHI

2005 INSC 461Case Partly allowed

The appellants, manufacturers of chewing tobacco, used an intermediate product called "additive mixture" (kimam) in their production process. The Central Excise Department alleged that the kimam was clandestinely manufactured and cleared under sub‑headings 2404.49/2404.40 of the Central Excise …

RAM BHUALversusAMBIKA SINGH

2005 INSC 455Dismissed

In the 2002 Uttar Pradesh Legislative Assembly election, Ram Bhual was declared elected. Defeated candidate Ambika Singh filed an election petition under Section 100(1)(c) of the Representation of the People Act, 1951, alleging that the Returning Officer had wrongly rejected the nomination of …

STATE OF M.P.versusDAYAL SAHU

2005 INSC 456Appeal(s) allowed

The accused Dayal Sahu was convicted by a trial court for rape under IPC s.376 based on the testimony of the victim (prosecutrix) and corroborating statements of relatives, as well as forensic serology reports. On appeal, the High Court acquitted him, holding that the failure to produce and examine …

STATE OF GOAversusBABU THOMAS

2005 INSC 457Disposed off

The State of Goa prosecuted Babu Thomas, a Joint Manager of Goa Shipyard Ltd., under the Prevention of Corruption Act for accepting illegal gratification from a contractor. Two sanction orders were issued—one by the Company Secretary and another by the Chairman and Managing Director—both without the …

PENTAKOTA SATYANARAYANA AND ORS.versusPENTAKOTA SEETHARATNAM AND ORS.

2005 INSC 458Appeal(s) allowed

Pentakota Srirammurthy executed a registered will in 1980 bequeathing a portion of his self‑acquired property to his first wife, Seetharatnam, and the remainder to his children by his second wife, Alla Kantamma. After his death, Seetharatnam and Krishna Bhagavan (who claimed to be an adopted son) …

M/S. NGEF LTD.versusM/S. CHANDRA DEVELOPERS PVT. LTD. AND ANR.

2005 INSC 459Appeal(s) allowed

NGEF Ltd., a joint‑venture sick industrial company, was referred to the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). BIFR recommended winding up and observed that any sale of the company's assets should be sought …

GURMEET SINGHversusSTATE OF U.P.

2005 INSC 453Dismissed

Gurmeet Singh was convicted of murdering thirteen members of his own family in a moonlit night, using swords, after a dispute over his newly‑married wife and a co‑accused. The trial court sentenced him to death under Section 302 IPC, a sentence confirmed by the Allahabad High Court despite a split …

COMMISSIONER OF SALES TAX, U.P.versusM/S SWADESHI POLYTAX LTD., GHAZIABAD

2005 INSC 454Appeal(s) allowed

Swadeshi Polytax Ltd., a dealer of polyester staples fiber, collected sales tax in excess of the prescribed rate and deposited the amount with the Government Treasury. The dealer sought a refund of the excess amount, but the Trade Tax Tribunal ordered a refund contrary to Section 29-A of the U.P. …

AIR INDIA LTD. AND ORS.versusVISHAL KAPOOR AND ORS.

2005 INSC 452Appeal(s) allowed

The dispute concerned seniority of Air India co‑pilots: whether it should be based on the date a pilot obtained an Air Lines Transport Pilot (ALTP) licence or on the date of entry as a co‑pilot with only a Commercial Pilot Licence (CPL). The ‘Adhikari group’ (ex‑IAF/Navy pilots with ALTP) challenged …

M.M. BILANEY AND ANR.versusFALI RUSTOMJI KUMANA

2005 INSC 450Appeal(s) allowed

The plaintiffs, owners of a premises, filed an eviction suit under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, claiming bona‑fide need, against the original tenant Rustom D. Kumana. The tenant's son, Fali Rustomji Kumana, was impleaded claiming to be a …

STATE OF UPversusBRIJPAL SINGH

2005 INSC 449Appeal(s) allowed

Brijpal Singh was appointed as a seasonal clerk on a temporary basis and his services were terminated on 3 July 1987. He obtained a stay of the termination order from the Allahabad High Court but did not resume work. Six years later, relying on the stay, he filed an application under Section 33C(2) …

STATE OF ANDHRA PRADESHversusKANDA GOPALUDU

2005 INSC 451Appeal(s) allowed

The State of Andhra Pradesh charged Kanda Gopaludu with murder under Section 302 IPC. The trial court convicted him based on an extra‑judicial confession he made before three village officials (the sarpanch and two ward members), corroborated by the investigating officer’s testimony, a doctor’s …

STATE THROUGH C.B.I.versusAMARMANI TRIPTHI

2005 INSC 440Disposed off

The State of Uttar Pradesh, represented by the CBI, appealed against the Allahabad High Court's orders granting bail to Amarmani Tripathi, a former minister, and his wife Madhumani Tripathi in a murder case involving the killing of Madhumita Shukla. The prosecution alleged a conspiracy in which …

M/S. SHARP INDUSTRIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI-III

2005 INSC 441Dismissed

Mis. Sharp Industries Ltd. manufactures aluminium foil laminated on one side with polyester film and on the other with polyethylene and sought classification of the product under Tariff Headings 76.07 and 76.12 (aluminium foil "backed"). The Revenue argued that the product should fall under Tariff …

STATE OF WEST BENGAL AND ANR.versusALPANA ROY AND ORS.

2005 INSC 442Appeal(s) allowed

The petitioner, a teacher, filed a writ petition seeking regularisation of her services, claiming she had been appointed by the school’s Managing Committee in 1976. The West Bengal Board of Primary Education examined the claim and concluded that the alleged appointment order was fabricated and no …

M/S. TCI FINANCE LTD.versusCALCUTTA MEDICAL CENTRE LTD. AND ANR.

2005 INSC 443Appeal(s) allowed

The appellant, Mis. TCI Finance Ltd., obtained a decree for Rs.20,91,319 against Dr. Ashok Kumar Gupta, the proprietor of the respondent company, and sought execution of the decree. The respondent company, Calcutta Medical Centre Ltd., claimed to be a tenant of Dr. Gupta’s mother and filed an …

HARSHAD CHIMAN LAL MODIversusD.L.F., UNIVERSAL LTD. AND ANR.

2005 INSC 444Dismissed

Harshad Chiman Lal Modi entered into a plot‑buyer agreement with DLF Universal Ltd for a residential plot situated in Gurgaon, while the agreement was executed and payments made in Delhi. He sued the defendants in the Delhi High Court for declaration, specific performance, possession and a permanent …

P.C. AGGARWALAversusPAYMENT OF WAGES INSPECTOR, M.P. AND ORS.

2005 INSC 445Appeal(s) allowed

The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not …

COMMISSIONER OF CENTRAL EXCISE, HYDERABADversusM/S. ALDEC CORPORATION

2005 INSC 446Dismissed

M/s Aldec Corporation purchased aluminium sheets and sent them to two job processors, VPI and SREW, for slitting, re‑rolling and painting, after which Aldec sold the painted aluminium slats (PAS) for venetian blinds. The Central Excise Department, relying on earlier decisions that slitting and …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2005 INSC 439Disposed off

The petition sought directions on whether user agencies diverting forest land for non‑forest purposes must compensate by paying the Net Present Value (NPV) of the lost forest benefits and what guidelines should govern NPV calculation. The Court examined the statutory framework of the Forest …

U.P. STATE SPINNING CO. LTD.versusR.S. PANDEY AND ANR.

2005 INSC 447Appeal(s) allowed

The appellant, U.P. State Spinning Co. Ltd., challenged a Allahabad High Court order that quashed the dismissal of workmen R.S. Pandey and another on the ground that the dismissal was effected before receipt of the show‑cause reply. The High Court had entertained a writ petition under Article 226 …

UNION OF INDIA AND ORS.versusJOSEPH P. CHERIAN

2005 INSC 448Appeal(s) allowed

In 1995 a departmental examination for the post of Sub‑Inspector in the Border Security Force was held for 24 vacancies, but the results were later cancelled after a Staff Court of Inquiry found widespread malpractice at several centres. A fresh examination was conducted in 1998 for 86 vacancies; …

M/S. ANAND NISHIKAWA CO. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MEERUT

2005 INSC 435Appeal(s) allowed

Anand Nishikawa Co. Ltd., a manufacturer of rubber profiles, classified its products under sub‑heading 4008.29 of the Central Excise Tariff, attracting nil duty. The Revenue re‑classified them under sub‑heading 4016.19, alleging that the company had not disclosed post‑forming processes (notching, …

JOSEPH SEVERANCE AND ORS.versusBENNY MATHEW AND ORS.

2005 INSC 436Appeal(s) allowed

The appellants entered into a licence agreement with the respondents to construct a cinema theatre, which was renewed for five years in 1991 with a condition to surrender possession after expiry. The licencee died in 1994, after which the respondents remained in possession. The appellants filed a …

ANIGLASE YOHANNANversusRAMLATHA AND ORS.

2005 INSC 437Dismissed

AnigLase Yohannan filed a suit for specific performance of an agreement for sale executed on 15‑Feb‑1978, alleging that he had paid an advance and was ready to pay the balance, while the defendant failed to execute the sale deed within the stipulated six months. The defendant contended that the …

M/S. OBETTEE PVT. LTD.versusMOHD. SHAFIQ KHAN

2005 INSC 438Appeal(s) allowed

The workman, Mohd Shafiq Khan, participated in a strike on 2 May 1980 and was suspended along with two co‑workers, Chunnu and Vakil. While the latter two accepted the charges, tendered unqualified apologies and were subsequently released without further action, Khan contested the charges and did not …

S.M.S. PHARMACEUTICALS LTDversusNEETA BHALLA AND ANR.

2005 INSC 432Reference answered

The Supreme Court examined a reference concerning prosecutions under Sections 138 and 141 of the Negotiable Instruments Act, 1881, focusing on the necessity of specific averments in a complaint to hold company officers liable for a dishonoured cheque. It held that a complaint must expressly state …

HINDUSTAN PETROLEUM CORPORATION LTD.versusDARIUS SHAPUR CHENAI AND ORS.

2005 INSC 433Dismissed

Hindustan Petroleum Corporation Ltd., a former tenant, sought to acquire land it occupied after an eviction suit was decreed against it. The State issued a notification under Section 4 of the Land Acquisition Act, 1894, and after the landowner filed objections under Section 5‑A, the Collector …

G. SRINIVASversusGOVT. OF A.P. AND ORS.

2005 INSC 434Appeal(s) allowed

G. Srinivas claimed title to a plot of land based on an unregistered sale deed. The Andhra Pradesh Government, via a Government Order (GOM), directed the Collector to issue a no‑objection certificate and supplementary shethwar in his favour, but the Collector later rejected the claim, citing the …