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Judgments of 2005

629 judgments · newest first · showing 201–400

AMAR SINGH RAMJIBHAI BAROTversusSTATE OF GUJARAT

2005 INSC 426Dismissed

The appellant, Amarsingh Ramjibhai Barot, was intercepted by police along with a co-accused and was found in possession of 920 grams of a black liquid suspected to be opium; the co-accused possessed 4.250 kg. Samples sent to the Forensic Science Laboratory were reported as opium containing 2.8% …

UNIT TRUST OF INDIAversusRAVINDER KUMAR SHUKLA, ETC. ETC.

2005 INSC 427Dismissed

The Unit Trust of India (UTI), a statutory corporation, issued account‑payee cheques to its unit holders and sent them by registered post. Approximately 1,600 unit holders claimed non‑receipt of cheques worth about Rs 3.35 crore, alleging interception and fraud. The unit holders filed complaints …

ANWARI BEGUMversusSHER MOHAMMAD AND ANR.

2005 INSC 428Appeal(s) allowed

The appellant, Anwar Begum, challenged the grant of bail to the accused, Sher Mohammad, who had allegedly shot her husband with intent to kill. The trial court denied bail based on eyewitness testimony, but the Allahabad High Court later granted bail through a terse, non‑reasoned order. The Supreme …

U.P.S.E.B. AND ANRversusSANT KABIR SAHAKARI KATAI MILLS LTD.

2005 INSC 429Disposed off

The Uttar Pradesh State Electricity Board (UPSEB), a public sector undertaking, entered into supply agreements with several cooperative societies registered under the Uttar Pradesh Co-operative Societies Act, 1965. Disputes arose over the rates charged and alleged failure to provide uninterrupted …

M/S. GEORGE WILLIAMSON (ASSAM) LTD.versusCOMMISSIONER OF INCOME TAX, GAUHATI

2005 INSC 430Appeal(s) allowed

Mis. George Williamson (Assam) Ltd. acquired the Indian undertakings of twelve UK‑registered tea companies under a scheme of arrangement approved by the High Courts and the RBI, which required that the net assets of the acquired business not be depleted. The consideration paid (Rs 490 lakhs) was …

AJIT KUMAR NAGversusGENERAL MANAGER, INDIAN OIL CORPORATION LTD. AND ORS.

2005 INSC 425Dismissed

The appellant, a senior officer of Indian Oil Corporation (IOC), was dismissed by the General Manager under clause (vi) of Standing Order 20 after an incident at the refinery hospital where he was alleged to have led a mob and assaulted the Chief Medical Officer. The dismissal was effected without a …

R.C. TOBACCO PVT. LTD. AND ANR.versusUNION OF INDIA AND ANR.

2005 INSC 431Dismissed

The petitioners, job‑workers manufacturing cigarettes under exemption notifications issued in 1999, were ordered by the High Court to receive refunds of excise duty. After the High Court upheld the refunds, Parliament enacted Section 154 of the Finance Act, 2003, retrospectively withdrawing the …

MD. MUNNAversusUNION OF INDIA AND ORS.

2005 INSC 422Dismissed

The petitioner Md. Munna, convicted of murder and sentenced to imprisonment for life, filed a writ petition under Article 32 seeking a writ of habeas corpus, claiming that having served more than 21 years he should be released, contending that life imprisonment is equivalent to a term of 20 years …

DEVA SAHAYAM (D) BY LRS.versusP. SAVITHRAMMA AND ORS.

2005 INSC 424Case Partly allowed

The appellant, a tenant, entered into an oral agreement of sale with the respondents (landlords) and later sued for specific performance. The respondents alienated the property to third parties and filed a counter‑claim for possession, alleging the tenant had denied the landlord's title. The trial …

MRS. SANJANA M. WIGversusHINDUSTAN PETRO CORPORATION LTD.

2005 INSC 418Dismissed

The appellant, a partnership firm dealing in automobiles, entered into a dealership agreement with Hindustan Petro Corporation which was later terminated on the death of a partner and subsequently on grounds of payment defaults. The appellant filed a writ petition under Article 226 of the …

STATE BANK'S STAFF UNION (MADRAS CIRCLE)versusUNION OF INDIA AND ORS.

2005 INSC 419Dismissed

The Central Government Industrial Tribunal awarded a customary bonus to State Bank of India employees, which the bank’s management challenged. While the award was pending, Parliament enacted the Banking Laws (Amendment) Act, 1984, inserting provisions in the State Bank Act and related statutes that …

HARI RAOversusN. GOVINDACHARI AND ORS.

2005 INSC 420Dismissed

The landlord leased a room in Madras for a shoe/leather goods business, but the tenant also sold readymade garments, fixed sign‑boards, drilled holes for racks and obtained a separate three‑phase electric connection. The landlord sought eviction under Sections 10(2)(ii)(b) and 10(2)(iii) of the …

GURCHARAN SINGHversusREGISTRAR, CO-OPERATIVE SOCIETIES, HIMACHAL PRADESH AND ORS.

2005 INSC 421Disposed off

Gurcharan Singh, a former employee of a cooperative society in Himachal Pradesh, filed a writ petition challenging his termination, alleging that the society was a "State" within the meaning of Article 12 and thus subject to judicial review under Article 226. The Himachal Pradesh High Court …

BANK OF INDIA AND ANR.versusAVINASH D. MANDIVIKAR AND ORS.

2005 INSC 416Appeal(s) allowed

The employee joined Bank of India in 1976 under the Scheduled Tribe reservation and was promoted in 1984. His caste certificate was referred to the Scrutiny Committee in 1987, which repeatedly invalidated it on grounds of fraud. The Bank terminated his services in 2002, but the Bombay High Court …

SATBIR SINGH AND ORS.versusSTATE OF HARYANA

2005 INSC 417Dismissed

The Supreme Court examined the appeal of Satbir Singh and others, who were convicted for the dowry death of Shanti Singh under IPC Sections 304‑B, 498‑A and 201. The prosecution proved that Shanti was harassed for additional dowry (Rs 7,000) shortly before her death, that she died within seven years …

MANAGEMENT OF KALPATARU VIDYSAMASTHEY (R) AND ANR.versusS.B. GUPTA AND ANR.

2005 INSC 414Appeal(s) allowed

The respondent was appointed as an Assistant Professor on a one‑year probationary basis on 6 September 1994, relieved before the term ended, and then re‑appointed on 1 September 1995 for a six‑month probationary period ending 29 February 1996. He challenged the order relieving him on 1 March 1996, …

DILIP KUMAR GHOSH AND ORS.versusCHAIRMAN AND ORS.

2005 INSC 415Dismissed

The appellants, holders of B.Ed. degrees, applied for primary school teacher posts in West Bengal where the 1991 recruitment rules require a "trained candidate" to possess a Junior Basic Training/Primary Teacher Training Certificate (JBT/PTTC). They were denied marks for training qualification and …

DAMODARAN PILLAI AND ORS.versusSOUTH INDIAN BANK LTD.

2005 INSC 410Appeal(s) allowed

The respondent (South Indian Bank Ltd) obtained a decree against the appellants (Damodaran Pillai & ors.) and filed an execution petition which was dismissed for default on 1 November 1990 under Order 21 Rule 105(2) of the CPC. The appellants filed a restoration application on 4 April 1998, claiming …

STATE OF HARYANA AND ANR.versusSATYENDER SINGH RATHORE

2005 INSC 411Appeal(s) allowed

The employee, Satyendra Singh Rathore, was appointed on a six‑month contractual basis as Medical Officer of the Haryana Health Services and was terminated on 25 March 2002. The termination order of 11 April 2002 referred to alleged misconduct but no departmental enquiry or finding of guilt was …

REDDY SAMPATH KUMARversusSTATE OF ANDHRA PRADESH

2005 INSC 412Dismissed

The appellant, a medical practitioner, administered the poison Pavulon to his parents‑in‑law and their three minor children, falsely claiming they were suffering from AIDS, with the intention of acquiring his father‑in‑law's property. The trial court convicted him under Section 302 of the Indian …

ANANTLAL GHOSHversusSTATE OF WEST BENGAL

2005 INSC 407Dismissed

Anantalal Ghosh was convicted under Sections 302, 201 read with 34 of the Indian Penal Code for the murder of Lilabati. The conviction was based solely on circumstantial evidence and the testimony of three prosecution witnesses, as there was no eye‑witness. The High Court upheld the conviction, …

STATE OF RAJASTHAN AND ORS.versusBASANT NAHATA

2005 INSC 406Dismissed

The respondent, Basant Nahata, sought registration of a power of attorney, which the Sub‑Registrar refused under a Rajasthan Government notification issued pursuant to Section 22‑A of the Indian Registration Act. The notification declared such documents "opposed to public policy" and barred their …

RANVIR SINGH AND ANR.versusUNION OF INDIA

2005 INSC 408Disposed off

The Union of India issued four notifications under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Delhi’s village Rithala. Different compensation rates were awarded by the Land Acquisition Officer, enhanced by a Reference Court, and further increased by the Delhi High Court …

UNION OF INDIAversusPRAMOD GUPTA (D) BY LRS. AND ORS.

2005 INSC 409Disposed off

The case concerned the acquisition of about 5,000 bighas of land in Masoodpur for the construction of Jawaharlal Nehru University. The Union of India appealed against the Delhi High Court’s award of compensation based on questionable valuation methods, the grant of interest during a stay, and the …

BAGIRATH SINGH AND ANR.versusSTATE OF HARYANA AND ORS.

2005 INSC 400Dismissed

The case concerns the validity of a 1995 Consolidation Scheme for Shamlat Deh lands in three villages of Haryana, originally framed under the Punjab Village Common Lands (Regulation) Act, 1966 and later modified after a series of challenges. Earlier, the Deputy Commissioner had quashed the partition …

SURINDER SINGH @ SHINGARA SINGHversusSTATE OF PUNJAB

2005 INSC 401Disposed off

Surinder Singh, convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment, appealed his conviction. While his appeal was pending, he applied for regular bail; the Punjab and Haryana High Court denied it, though a co-accused was released on bail. The Supreme Court noted …

BAGIRATH SINGH AND ANR.versusSTATE OF HARYANA AND ORS.

2005 INSC 402Dismissed

Bagirath Singh and another appealed to the Supreme Court against the Punjab and Haryana High Court's order dismissing their review petition. The review petition sought a re‑examination of the High Court's judgment in Civil Writ Petition No. 18310 of 1998. The Supreme Court examined whether the …

DHARAM VEER SINGH AND ORS.versusSTATE OF HARYANA AND ORS.

2005 INSC 403Dismissed

The petitioners, land holders affected by a consolidation scheme for Shamlat Deh lands, filed a writ petition under Article 32 of the Constitution alleging displacement because they were not parties to an earlier High Court writ petition (Civil Writ Petition No. 18310 of 1998) that had been …

MAHADEO BAJIRAO PATILversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 404Dismissed

The appellant, a lessee of land acquired for a railway project, was denied compensation when the Special Land Acquisition Officer declared a "nil award" on 29‑8‑1994, awarding compensation only to the land owners. A telegram sent on 18‑9‑1994, received on 20‑9‑1994, served as notice under Section …

V. RAMANAversusA.P.S.R.T.C. AND ORS.

2005 INSC 399Dismissed

V. Ramana, a conductor with the Andhra Pradesh State Road Transport Corporation, was removed from service for failing to issue tickets, collect fares and maintain records. He challenged the removal by filing a writ petition, which was upheld by the Andhra Pradesh High Court. On appeal, he argued …

STATE OF U.P. AND OTHERSversusSUKHPAL SINGH BAL ETC. ETC.

2005 INSC 398Appeal(s) allowed

The State of Uttar Pradesh seized a tanker operating under a national permit for failing to pay the additional tax required under the Uttar Pradesh Motor Vehicles Taxation Act, 1997, and ordered the owner to pay the tax plus a ten‑times penalty under Section 10(3). The owner challenged the penalty …

V.D. CHAUDHARYversusSTATE OF U.P. AND ANR.

2005 INSC 394Disposed off

The appellant V.D. Chaudhary challenged a bail order granted by the Allahabad High Court to the accused (respondent No.2) for offences under Sections 304 and 338 IPC, alleging that the High Court had not given reasons and that the bail was being used to delay the trial. The case originated from a …

NATWAR PARIKH AND CO. LID.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 393Dismissed

Natwar Parikh & Co. Ltd., a transporter of heavy equipment, used tractors (registered as non‑transport vehicles) coupled with trailers (registered as transport vehicles) to move transformers into Karnataka. The Karnataka taxation authority issued demand notices demanding motor‑vehicle tax on the …

SHATRUSAILYA DIGVIJAYSINGH JADEJAversusCOMMISSIONER OF INCOME TAX, RAJKOT

2005 INSC 395Appeal(s) allowed

Shatrusail Ya Digvijay Singh Jadeja filed declarations under the Kar Vivad Samadhan Scheme, 1998, which the Income Tax Department rejected. The Gujarat High Court held the declarations competent, ordered the Designated Authority to determine the amount payable under Section 90, and additionally …

COMMISSIONER OF INCOME TAX, RAJKOTversusSHATRUSAILYA DIGVIJAYSINGH JADEJA

2005 INSC 396Dismissed

The respondent‑assessee, Shatrusail Ya Digvijay Singh Jadeja, had tax assessments for years 1984‑85 to 1991‑92 under the Income Tax Act and the Wealth Tax Act, which were appealed but dismissed in 1992‑93 for failure to pre‑deposit tax. After the Finance (No.2) Act, 1998 introduced the Kar Vivad …

CENTRAL COALFIELDS LTD.versusSTATE OF JHARKHAND AND ORS.

2005 INSC 397Disposed off

Central Coalfields Ltd., a government company engaged in coal mining, was directed by the Certificate Officer to pay surface rent for coal‑bearing areas under the Bihar & Orissa Public Demands Recovery Act, 1914. The company contended that, pursuant to the Coal Bearing Areas (Acquisition and …

STATE BANK OF INDIA AND ANR.versusBELA BAGCHI AND ORS.

2005 INSC 392Appeal(s) allowed

The State Bank of India (SBI) initiated disciplinary proceedings against its employee, Snigdha Kanti Bagchi, for misappropriating customers' money. While the proceedings were pending, the employee’s service was extended for three months under Rules 20‑A and 20‑B of the SBI (Supervising Staff) …

COMMISSIONER OF PUBLIC INSTRUCTIONS AND ORS.versusK.R. VISHWANATH

2005 INSC 388Appeal(s) allowed

The respondent, K.R. Vishwanath, applied for a compassionate appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules after his father, a government servant, died when he was an infant. His first application was filed more than a year after he attained majority and …

A.P. PUBLIC SERVICE COMMISSIONversusKONETI VENKATESWARULU AND ORS.

2005 INSC 389Appeal(s) allowed

The Andhra Pradesh Public Service Commission advertised for several posts and required candidates to disclose full employment details in Column 11 and Annexure III of the application. The respondent, Koneti Venkat eswarulu, left Column 11 blank and declared in Annexure III that he was not employed, …

ASHUTOSHversusSTATE OF RAJASTHAN AND ORS.

2005 INSC 390Disposed off

A decree for a construction work claim was passed against the State of Rajasthan and the partnership firm Sharma & Co. The State recovered the decree amount and sought execution against the firm’s securities, including a house owned by partner Smt. Dhanwanti Devi, who had earlier executed a will …

ATMA RAMversusSHAKUNTALA RANI

2005 INSC 391Dismissed

The tenant, Atma Ram, repeatedly sent money orders for rent which the landlord refused to accept and later deposited the arrears for February 1992 to January 1995 under the Punjab Relief of Indebtedness Act, 1934. The landlord rejected that deposit and the tenant subsequently deposited rent for …

STATE OF HARYANA AND ORS.versusRAJ RANI

2005 INSC 386Appeal(s) allowed

The petitioners, the State of Haryana, appealed decrees that held a surgeon and the State liable for a woman's pregnancy after a sterilization operation performed by a surgeon employed by the State. The Supreme Court examined whether the surgeon could be held liable without proof of negligence, …

POPAT AND KOTECHA PROPERTYversusSTATE BANK OF INDIA STAFF ASSOCIATION

2005 INSC 387Appeal(s) allowed

The appellant and the respondent entered into a 1983 agreement for the appellant to develop the respondent's property, with the respondent to execute a lease deed after construction, which was never done. The appellant filed a suit in 1990 seeking declaration of title, specific performance, damages …

RAJESHWARIversusPURAN INDORIA

2005 INSC 383Appeal(s) allowed

The defendant appealed a decree for specific performance of a sale agreement, which had been upheld by the trial court and a first appeal under Section 96 CPC. The defendant filed a second appeal under Section 100 CPC, which the High Court dismissed summarily on the ground that no substantial …

PUNDLIKversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 385Appeal(s) allowed

The appellant, a member of the managing committee of a Maharashtra co‑operative society, was denied the right to replace the society's previously nominated delegate with his own name for the election of the Maha Sangh, despite a resolution passed within the period allowed by Rule 5(2) of the …

STATE OF PUNJABversusSHIV RAM AND ORS.

2005 INSC 382Appeal(s) allowed

The State of Punjab and a lady surgeon were sued by Shiv Ram and his wife for damages after the wife became pregnant and gave birth despite having undergone a tubectomy in 1984. The trial court and the High Court awarded Rs.50,000, holding the State liable for the failed sterilisation. On appeal, …

UNION OF INDIAversusKRIMPEX SYNTHETICS LTD.

2005 INSC 375Dismissed

The case concerned Krimpex Synth Ltd.'s claim for a Central Investment Subsidy under the Central Outright Grant or Subsidy Scheme, 1971. The High Court, after a remand, held Krimpex entitled to 25% of Rs 50,72,258 but rejected the company's later affidavit seeking the maximum subsidy because the …

XEROX MODICORP LIMITED.versusSTATE OF KARNATAKA

2005 INSC 376Dismissed

Xerox Modicorp Ltd entered into Full Service Maintenance Agreements (FSMA) and Spares and Service Maintenance Agreements (SSMA) with customers after selling Xerox machines. The dispute concerned whether the supply of spare parts, toners and developers under these agreements amounted to a sale liable …

IMPRESSION PRINTSversusCOMMISSIONER OF CENTRAL EXCISE, DELHI-I

2005 INSC 377Dismissed

Impression Prints, a manufacturer of printed bed sheets, bed covers and pillow cases, claimed a nil duty exemption under Notification No. 65/87‑CE which applies to "made up textile articles" manufactured without the aid of power. The Revenue argued that the colour‑mixing and screen‑printing …

ATEEF NASIR MULLAversusSTATE OF MAHARASHTRA

2005 INSC 378Dismissed

The appellant, AteeF Nasir Mulla, was arrested in connection with a bomb blast on a local train and repeatedly remanded while the Special Court extended the statutory 90‑day investigation period under Section 49(2)(b) of the Prevention of Terrorism Act, 2002. The prosecution’s application for …

VIKRAM CEMENTversusCOMMISSIONER OF CENTRAL EXCISE, INDORE

2005 INSC 379Matter referred to larger bench

Vikram Cement, a cement manufacturer, claimed CENVAT credit for duty paid on inputs (explosives, lubricating oil, welding electrodes) and capital goods (limestone crusher, mining equipment) used in its captive limestone mines adjacent to its factory. The department issued show‑cause notices …

CHAIRMAN, M.P. ELECTRICITY BOARD AND ORS.versusSHIV NARAYAN AND ANR.

2005 INSC 380Matter referred to larger bench

The Madhya Pradesh Electricity Board classified a lawyer's office as a commercial establishment and demanded commercial tariff for electricity consumption. The landlord, who owned the premises, challenged the demand in the High Court, which held that a lawyer's office is not a commercial …

SRI M. PURANDARA AND ORS.versusMAHADESHA S. AND ORS.

2005 INSC 367Disposed off

The appellants challenged a Karnataka High Court order that had expanded the scope of a writ petition concerning the selection of assistant teachers and had issued directions affecting persons who were not parties to the proceedings. The High Court had upheld the Administrative Tribunal's view on …

BIHAR STATE HOUSING BOARDversusARUN DAKSHY

2005 INSC 368Appeal(s) allowed

The respondent deposited Rs 15,000 as earnest money for a MIG house under the Bihar State Housing Board Regulation, 1983, but was not allotted a house in the lottery. He demanded a refund, which the Board paid in 1995, and subsequently filed a complaint before the District Consumer Forum. The Forum …

SANGEETA SINGHversusUNION OF INDIA AND ORS.

2005 INSC 369Appeal(s) allowed

The appellants were selected as dealers of petroleum products by Indian Oil Corporation Ltd. Their eligibility was challenged on the ground that a close relative – their father‑in‑law – already held a dealership, a relationship not listed among the prohibited categories in the eligibility …

DURGA PRASANNA TRIPATHYversusARUNDHATL TRIPATHY

2005 INSC 370Appeal(s) allowed

Durga Prasanna Tripathy married Arundhati Tripathy on 5 March 1991. The wife left the matrimonial home in October 1991 and the parties lived apart for about 14 years. The husband filed a petition for divorce under Section 13(1) of the Hindu Marriage Act, alleging cruelty and desertion. The Family …

G.REGHUNATHANversusK.V. VARGHESE

2005 INSC 371Appeal(s) allowed

The tenant, G. Reghunathan, leased a room for a jewellery shop under the Kerala Buildings (Lease and Rent Control) Act, 1965 and subsequently altered the premises without the landlord's consent while also defaulting on rent. The landlord sought eviction on two grounds: non‑payment of rent under …

GOVERNMENT OF INDIA AND ORS.versusINDIAN TOBACCO ASSOCIATION

2005 INSC 372Dismissed

The Government of India introduced the Duty Entitlement Pass Book (DEPB) scheme on 7 April 1997, exempting payment of additional duty under Section 3 of the Customs Tariff Act for exporters registered at specified ports and inland container depots, but Guntur was omitted. A subsequent notification …

CREF FINANCE LTD.versusSHREE SHANTHI HOMES PVT. LTD. AND ANR.

2005 INSC 373Appeal(s) allowed

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that four cheques issued by the managing director of the respondent company were dishonoured. The magistrate recorded a rubber‑seal order stating that cognizance was taken and later issued process against …

STATE OF RAJASTHANversusDAULAT RAM

2005 INSC 374Appeal(s) allowed

The police, acting on a tip, stopped Daulat Ram who was carrying a bag on his head and offered him a choice under Section 50 of the NDPS Act to be searched before a magistrate, a gazetted officer, or the SHO; he chose the SHO. The bag was opened and contraband opium was found, leading to his …

BHAURAO DAGDU PARALKARversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 365Appeal(s) allowed

The petitioners challenged the grant of Freedom Fighters' Pension Scheme benefits to a large number of persons in Beed district who were either not born during the freedom struggle or were toddlers at independence, alleging fraud and false claims. The Bombay High Court had constituted an enquiry …

RAJASTHAN STATE ROAD TRANSPORT CORPORATLON AND ORS.versusZAKIR HUSSAIN

2005 INSC 366Appeal(s) allowed

The respondent, Zakir Hussain, was appointed as a daily‑wage conductor on a two‑year probation and was terminated for unsatisfactory performance without any enquiry. He appealed to the departmental authority, which dismissed his grievance, and then filed a suit in a civil court seeking a declaration …

BRIJ PAL SHARMAversusGHAZIABAD DEVELOPMENT AUTHORITY

2005 INSC 364Dismissed

The appellant, Brij Pal Sharma, had paid full consideration for a housing plot under two different schemes of the Ghaziabad Development Authority (GDA). In the first case the original Karpoori Puram Scheme was cancelled and a new scheme was launched, leading to a refund claim; in the second case …

STATE OF MAHARASHTRA AND ORS.versusR.S. BHONDE AND ORS.

2005 INSC 363Case Partly allowed

Daily‑wage workers at Punjabrao Krishi Vidyapeeth performed permanent‑nature work continuously and alleged that they were being kept as temporary to deny them permanent benefits, invoking unfair labour practice provisions. The Industrial Court held that the university was guilty of unfair practice …

RANI KUSUMversusKANCHAN DEVI AND ORS.

2005 INSC 362Dismissed

The appellant challenged the trial court’s acceptance of the respondent’s written statement, which was filed on 10 July 2004, well beyond the 30‑day normal period and the 90‑day maximum period prescribed under Order VIII, Rule 1 of the Code of Civil Procedure (CPC) as amended by the 2002 Amendment …

M/S. PREMIER ENGINEERSversusM/S. TAJ RUBBER INDUSTRIES AND ANR.

2005 INSC 361Appeal(s) allowed

Mis Taj Rubber Industries ordered a rubber mixing machine from Mis Premier Engineers in 1980, but the machine was delivered only in 1990 and was alleged to be defective, fitted with second‑hand parts and lacking an oil system. The respondent filed an application under Section 12‑B of the Monopolies …

P.A. INAMDAR AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 358Reference answered

The Supreme Court examined the extent to which State governments may regulate admissions, fee structures, and quota allocations in unaided professional educational institutions, both minority and non‑minority, following the earlier decisions in T.M.A. Pai Foundation and Islamic Academy. It held that …

SHIN-ETSU CHEMICAL CO. LTD.versusAKSH OPTIFIBRE LTD. AND ANR.

2005 INSC 360Disposed off

Shin‑Etsu Chemical Co. Ltd. entered into a contract with AKSH Optifibre Ltd. containing an international arbitration clause. After the contract was terminated, the respondent sued for a declaration that the arbitration agreement was void, while the appellant sought a direction under Section 8 of the …

PUNJAB STATE ELECTRICITY BOARD LTD.versusZORA SINGH AND ORS.

2005 INSC 354Dismissed

The Punjab State Electricity Board (the Board) was appealed against for refusing to supply electricity to a group of agriculturists (Zora Singh and others) despite receipt of security deposits and compliance with formalities. The District Consumer Forums, State Commission and National Consumer …

STATE OF PUNJAB AND ORS.versusAMAR NATH GOYAL AND ORS.

2005 INSC 356Dismissed

The Supreme Court examined whether the Central and Punjab State Governments could limit the enhanced death‑cum‑retirement gratuity, linked to dearness allowance, to employees who retired or died on or after 1 April 1995. Employees who retired before that date claimed the cut‑off was discriminatory …

AMITAversusUNION OF INDIA AND ORS.

2005 INSC 353Disposed off

The Banking Services Recruitment Board advertised for Probationary Officer posts requiring a graduate degree and age 21‑30. A visually‑impaired applicant, who satisfied both criteria, applied but her application was rejected on the ground that blind candidates were not recruited for the post. She …

GOVT. OF A.P. AND ORS.versusKOLLUTLA OBI REDDY AND ORS.

2005 INSC 351Appeal(s) allowed

The case concerned lands acquired under the Land Acquisition Act, 1894 and the Nagarjuna Sagar Project (Acquisition of Lands) Act, 1956. Original acquisition and awards were made in the early 1980s; fresh notifications were issued in 1991 and market values were fixed in 1992 pursuant to the amended …

KERALA STATE ELECTRICITY BOARDversusHITECH ELECTROTHERMICS AND HYDROPOWER LTD.

2005 INSC 352Dismissed

The Kerala State Electricity Board (KSEB) sought review of a Supreme Court judgment that had granted Hitech Electrothermics limited a reduced concessional tariff of three years, instead of the full five years, because the Board’s delay in supplying electricity prevented the company from commencing …

COMMISSIONER OF CENTRAL EXCISE, BHUBANESHWAR-11versusM/S IFGT REFRACTORIES LTD.

2005 INSC 347Disposed off

The Commissioner of Central Excise appealed against a Tribunal order that had allowed IFGT Refractories Ltd. to treat a benefit obtained under the Duty Exemption Scheme as a statutory benefit, not as part of the price for excise duty. IFGT had sold refractories to Visakhapatnam Steel Plant; the …

G. MAHALINGAPPAversusG.M. SAVITHA

2005 INSC 348Appeal(s) allowed

The father purchased a house in 1970 in the name of his minor daughter and later the daughter filed a suit in 1984 for declaration of title and possession. The father pleaded that the purchase was a benami transaction and that he was the real owner, a defence taken in his written statement before …

BHAGWATI DEVELOPERSversusPEERLESS GENERAL FINANCE & INVESTMENT CO. LTD. AND ORS.

2005 INSC 349Dismissed

The appellant, a shareholder of Peerless General Finance & Investment Co. Ltd., challenged the company's resolution to issue bonus shares out of its revaluation reserve. The dispute centered on whether Section 205 of the Companies Act, 1956 and Article 182 of the company's Articles of Association …

UNION OF INDIA AND ORS.versusM/S ESSEL MINING & INDUSTRIES LTD. AND ANR.

2005 INSC 350Disposed off

The Union of India appealed a decision of the Orissa High Court that had struck down Clause‑iii of paragraph 7 in Notification No. 514/1994, which defined a person working ‘below ground’ to include open‑cast excavations deeper than six metres. The High Court held that the Ministry of Labour lacked …

BINNY LTD. AND ANR.versusV. SADASIVAN AND ORS.

2005 INSC 343Appeal(s) allowed

The Supreme Court examined whether a private employer could be subjected to a writ of mandamus under Article 226 of the Constitution for terminating employees under a contractual clause. The Court held that mandamus is a public‑law remedy and is available only when the body performs a public …

UMESH KORGA BHANDARIversusMAHANAGAR TELEPHONE NIGAM LTD. AND ANR.

2005 INSC 344Matter referred to larger bench

Employees of the departmental canteen of Mahanagar Telephone Nigam Ltd. were terminated and challenged the termination before the Central Government Industrial Tribunal (CGIT), which reinstated them. The Bombay High Court division bench held that, because the canteen posts were civil posts under a …

G.M., O.N.G.C. LTDversusSENDHABHAI VASTRAM PATEL AND ORS.

2005 INSC 345Dismissed

The appellant, G.M. O.N.G.C. Ltd., challenged the compensation awarded for land acquired by the Gujarat State under the Land Acquisition Act, 1894. The Land Acquisition Collector had fixed a market value of Rs.1.55 per sq. m. based on deeds of sale, but the Reference Court enhanced it to Rs.10 per …

BAL PATIL AND ANR.versusUNION OF INDIA AND ORS.

2005 INSC 342Disposed off

The petitioners, representing a section of the Jain community, filed a writ petition seeking a direction to the Central Government to notify Jains as a minority under section 2(c) of the National Commission for Minorities Act, 1992, based on a recommendation of the National Commission. The High …

P.V. MAHADEVANversusM.D. TAMIL NADU HOUSING BOARD

2005 INSC 346Appeal(s) allowed

P.V. Mahadevan, a Superintending Engineer of the Tamil Nadu Housing Board, was served with a charge memo in 2000 for alleged irregularities in issuing a sale deed in 1990. The disciplinary proceedings were initiated after a delay of more than ten years, with the Board offering no satisfactory …

JACOB MATHEWversusSTATE OF PUNJAB AND ANR.

2005 INSC 334Appeal(s) allowed

The appellant, Dr. Jacob Mathew, was charged under Section 304A IPC for the death of a patient who died after an empty oxygen cylinder was attached to him in a private hospital. The trial court framed charges and the High Court dismissed the petition to quash the FIR. On appeal, the Supreme Court …

LIFE INSURANCE CORPORATION OF INDIAversusMANI RAM

2005 INSC 335Appeal(s) allowed

The complainant filed a consumer complaint alleging that LIC should pay the death claim of his son, who was insured under a policy back‑dated to 28‑April‑1995. The first premium was paid on 21‑August‑1995, making the next premium due on 28‑April‑1996 with a one‑month grace period until 28‑May‑1996. …

SUPRIYA BASU AND ORSversusWEST BENGAL HOUSING BOARD AND ORS.

2005 INSC 339Dismissed

The dispute concerned the allocation of 156 car parking spaces in Samdrita Co-operative Housing Society Ltd, where owners of Type B flats claimed exclusive entitlement while owners of Type A flats relied on a Housing Commissioner’s letter asserting their rights. The petitioners filed a writ petition …

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA, FOR INQUIRY AND REPORT ON THE CHARGES LEVELED AGAINST DR. H.B. MIRDHA,CHAIRMAN ORISSA PSCversus.

2005 INSC 336Hearing Adjourned

The Supreme Court was asked to consider a reference under Article 317(1) of the Constitution, seeking an inquiry into alleged misbehaviour by Dr. H.B. Mirdha, Chairman of the Orissa Public Service Commission. The respondent raised a preliminary objection questioning the maintainability of the …

KLSHUN @ RAM K!SHUN (DEAD) THROUGH LRS.versusBIHARI (DEAD) BY LRS.

2005 INSC 337Appeal(s) allowed

The suit concerned a gift deed of agricultural land made by the father to his son Kishun, which was challenged by the other son Behari on the ground that the land was joint family property and the deed was fraudulent. Behari claimed that a compromise had been reached before the Tehsildar dividing …

P.T. THOMASversusTHOMAS JOB

2005 INSC 330Appeal(s) allowed

The appellant and his elder brother (respondent) partitioned their father's property, but the brother failed to vacate a portion of a theatre belonging to the appellant, leading to a suit for mandatory injunction which was decreed in the appellant's favour. While the appeal was pending, the dispute …

M/S. A.B.C. (INDIA) LTD.versusSTATE OF ASSAM AND ANR.

2005 INSC 331Dismissed

The appellant, a transport company, challenged Sections 42, 44 and the later inserted Section 46A of the Assam General Sales Tax Act, 1993, arguing that transporters are not dealers and thus outside the legislature's competence under Entry 54 of List II. The State contended that these provisions are …

ICICI BANK LTD. AND ANR.versusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.

2005 INSC 332Appeal(s) allowed

ICICI Bank installed illuminated sign boards above its ATM centres and extension counters in Bombay without obtaining permission from the Bombay Municipal Corporation (BMC). The BMC issued notices under Sections 328 and 328A of the Bombay Municipal Corporation Act, 1888, requiring the bank to remove …

INDIAN DRUGS AND PHARMACEUTICALS LTD. AND ANR.versusR.K. SHEWARAMANI

2005 INSC 329Appeal(s) allowed

The employee, R.K. Shewaramani, was serving as a medical representative of Indian Drugs and Pharmaceuticals Ltd. and faced two charge‑sheets with departmental enquiries pending. After the amendment of Rule 30(A) of the company's Conduct Discipline and Appeal Rules on 30 March 1990, the employer …

ISHWAR DUTTversusLAND ACQUISITION COLLECTOR AND ANR.

2005 INSC 326Appeal(s) allowed

The Supreme Court examined a dispute arising from the acquisition of land for a road project in Himachal Pradesh, where possession was taken in 1968 but formal acquisition under Section 4 of the Land Acquisition Act, 1894 was delayed. A 1985 public‑interest writ directed the State to complete …

ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION AND ORS.versusABDUL KAREEM

2005 INSC 327

The Supreme Court considered two appeals arising from Labour Court awards that reinstated conductors of the Andhra Pradesh State Road Transport Corporation without back wages. The key questions were whether such reinstatement implied continuity of service and whether the employees were entitled to …

STATE OF U.P. AND ORS.versusRAM BACHAN TRIPATHI

2005 INSC 328Case Partly allowed

The respondent, a medical officer appointed by the Uttar Pradesh Public Service Commission, failed to take charge of a posting on 15 July 1988 and remained absent without authorization. A show‑cause notice was issued, no reply was recorded, and his services were terminated effective 16 July 1988. …

SALEM ADVOCATE BAR ASSOCIATION, TAMIL NADUversusUNION OF INDIA

2005 INSC 324Case Partly allowed

The Supreme Court examined the constitutional validity and practical effect of numerous amendments to the Code of Civil Procedure (CPC) made by the 1999 and 2002 Amendment Acts. It held that the requirement of filing an affidavit under Section 26(2) and Order VI Rule 15(4) imposes additional …

M/S. VADILAL CHEMICALS LTD.versusTHE STATE OF ANDHRA PRADESH AND ORS.

2005 INSC 325Appeal(s) allowed

Mis. Vadilal Chemicals Ltd. set up a small‑scale unit in Medak to produce liquor ammonia and to refill anhydrous ammonia into cylinders. It obtained a final eligibility certificate under the 1993 Government Order granting a five‑year sales‑tax holiday. The Deputy Commissioner of Commercial Taxes …

UNION OF INDIA AND ORS.versusNARENDER SINGH

2005 INSC 323Appeal(s) allowed

NARENDER SINGH, a customs vigilance officer, was dismissed for allegedly accepting illegal gratification to clear Afghan nationals through customs. After his appeal was rejected, the Central Administrative Tribunal quashed the dismissal and ordered his reinstatement. The Union of India challenged …

STA TE OF UTTAR PRADESH AND ANR.versusSHIV NARAIN UPADHYAYA

2005 INSC 318Appeal(s) allowed

The State of Uttar Pradesh appealed a High Court order that held the employee Shivnarain Upadhyaya's date of birth to be 1‑Sept‑1939, based on school records, and ordered him to refund salary paid after his superannuation. The Supreme Court examined the service book, which showed the date of birth …

VINAYAKA DEV IDAGUNJI AND ORS.versusSHIVARAM AND ORS.

2005 INSC 319Dismissed

The plaintiffs, who claim to be hereditary archaks (priests) of the Vinayaka Dev temple, sued the temple trustees for a declaration of their hereditary right, a share of devotees' offerings, and to set aside a notice terminating their services. The trustees contended that the suit was barred under …

CHAIRMAN, LIFE INSURANCE CORPORATION AND ORS.versusRAJIV KUMAR BHASKER

2005 INSC 320Disposed off

The Life Insurance Corporation (LIC) had introduced a Salary Savings Scheme under which employers were required to deduct insurance premiums from employees' salaries and remit them to LIC. When an employer failed to make the deductions, the employee’s policy lapsed and the claimant sought the …

T.N. RAJASEKARversusN. KASIVISWANATHAN AND ORS.

2005 INSC 321Disposed off

The appellant, a Class II heir of an unmarried, issueless deceased, filed a partition suit seeking his one-fifth share of the estate valued at Rs. 2,98,79,569. The trial judge allotted a house (Item No.6) worth Rs. 1,50,00,000 to the appellant, exceeding his share of Rs. 59,75,914, and ordered the …

S.D.O. GRID CORPORATION OF ORISSA LTD. AND ORS.versusTIMUDU ORAM

2005 INSC 322Disposed off

The Supreme Court examined three writ petitions filed under Article 226 seeking compensation for deaths caused by electrocution from live wires owned by the Grid Corporation of Orissa (GRIDCO). The High Court had awarded compensation on the basis that the snapped wires and resulting deaths amounted …

UNION OF INDIAversusGAGAN KUMAR

2005 INSC 314Appeal(s) allowed

The respondent, a casual labourer, filed an application before the Central Administrative Tribunal seeking "temporary" status under the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993, claiming he had completed the requisite 240/206 days of service in 1998. The Tribunal …

COMMISSIONER OF CENTRAL EXCISE, GHAZIABADversusM/S. APEX TRADERS, SAHIBABAD

2005 INSC 315Appeal(s) allowed

Mis Apex Traders, a manufacturer of aerated water, filed a declaration of assessable value under Rule 173‑C claiming deductions for equalized freight and rent on containers (ROC). The Assistant Commissioner allowed the ROC deduction but treated the factory‑gate price as the assessable value for …

KANWAR PAL SINGH GILLversusSTATE (ADMN., U.T. CHANDIGARH) THRO SECRETARY AND ANR.

2005 INSC 316Appeal(s) allowed

In 1988, a senior police officer allegedly slapped the posterior of a female officer at a dinner party, an act reported to senior officials but not acted upon. The victim and her husband later filed a criminal complaint before the Chief Judicial Magistrate alleging offences under Sections 341, 342, …

COMMISSIONER OF CENTRAL EXCISE, MEERUT-IversusBISLERI INTERNATIONAL PVT.LTD.

2005 INSC 317Dismissed

Bisleri International Pvt. Ltd., a manufacturer of aerated water, obtained concentrate from a Coca‑Cola subsidiary and collected rent on empty containers (ROC) from dealers while also receiving price‑support incentives in the form of credit notes from the concentrate supplier. The Central Excise …

VISHWANATHA ACHARIversusKANAKASABAPATHY

2005 INSC 312Disposed off

The respondents filed a suit for declaration of title, which the trial court dismissed. The first appellate court reversed the decision, granting title to the respondents on the basis of adverse possession, even though the trial court had not framed any issue on that point. The appellant filed a …

M/S BIRLA CORPORATION LTD.versusCOMMISSIONER OF CENTRAL EXCISE

2005 INSC 313Appeal(s) allowed

Mis Birla Corporation Ltd. sought MODVAT credit for duty paid on ropeway spares used to transport crushed limestone from mines 4.2 km away to its factory. The Central Excise & Gold (Control) Appellate Tribunal rejected the claim, holding that the ropeway was not material‑handling equipment within …

STATE OF PUNJABversusSAWARAN SINGH

2005 INSC 308Disposed off

The appellant State of Punjab proved that the accused, Swaran Singh, was apprehended on 17 May 1992 with a plastic bag containing approximately 5 kg of opium; a 10‑gram sample was taken, sealed and sent for forensic analysis, and the chain of custody was testified to by PW‑1 and PW‑4. The accused …

NATIONAL INSURANCE CO. LTD.versusHARJEET RICE MILLS

2005 INSC 309Appeal(s) allowed

Harjeet Rice Mills, insured with National Insurance Co., claimed loss of stock after a fire in its godown, asserting the fire was accidental and caused by a short circuit. The insurer contested, alleging the fire was arson, the loss exaggerated, and that the claim was fraudulent, relying on a …

R. MURALI AND ORS.versusKANYAKA P. DEVASTHANAM AND CHARITIES AND ORS.

2005 INSC 310Dismissed

The appellants, R. Murali and others, sought leave under Section 92 of the Code of Civil Procedure to file a suit for modifying the scheme of administration of the Sri Kanyaka Parameshwari Devasthanam and Charities, alleging mismanagement by the current Board of Trustees. The trustees opposed, …

THE STATE OF ANDHRA PRADESH AND ANR.versusT. SURYACHANDRA RAO

2005 INSC 311Appeal(s) allowed

The respondent, T. Suryachandra Rao, submitted a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, surrendered land deemed excess, and the surrender was accepted by the authorities. It later emerged that the surrendered land had already been acquired by …

GUNTAIAH AND ORS.versusHAMBAMMA AND ORS.

2005 INSC 306Appeal(s) allowed

The Supreme Court examined whether land granted to Scheduled Caste and Scheduled Tribe beneficiaries under Rule 43‑J of the Mysore Land Revenue (Amendment) Rules, 1960 could be subject to a 15‑year restriction on alienation, even though the rule itself does not expressly provide such a condition. …

UNION OF INDIA AND ORS.versusKAMLA DEVI

2005 INSC 307Appeal(s) allowed

The appellant Union of India challenged a Central Administrative Tribunal order that granted pension benefits to a deceased canteen employee who retired before the cut‑off date of 1 October 1991. The employee’s husband had retired on medical grounds on 12 July 1990 and died on 28 March 1991. Earlier …

MAHILA VIKAS MANDAL COLABA AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

2005 INSC 303Appeal(s) allowed

The State of Maharashtra leased land to Mahila Vikas Mandal for a women's hostel, stipulating that any part used for remunerative purposes required prior approval and payment of 50% of the net profit. The Collector later alleged commercial use and demanded 50% of the net income (Rs 19,03,103) as …

SURESH CHANDRAversusSTATE OF UTTAR PRADESH

2005 INSC 304Dismissed

During a marriage ceremony that turned violent, three members of the bridegroom party (Baratis) shot and killed two men and injured others. They were convicted under Section 302 read with Section 34 of the IPC and sentenced to life imprisonment. On appeal, the Supreme Court examined whether the …

M.L. BINJOLKARversusSTATE OF MADHYA PRADESH

2005 INSC 305Disposed off

The Madhya Pradesh government compulsorily retired 559 employees in 1997; several challenged the orders before the State Administrative Tribunal, which set aside the retirements and ordered reinstatement with full back wages. The State obtained a High Court order dismissing its writ petitions and …

JAI SINGH B. CHAUHANversusPUNJAB NATIONAL BANK AND ORS.

2005 INSC 301Dismissed

Jai Singh B. Chauhan, a clerk of Punjab National Bank, sought to be covered by the bank's pension scheme after missing the deadline to opt in. The pension regulations, framed under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, were published in the Official Gazette on …

STATE OF UTTAR PRADESH AND ORS.versusVIJAY SHANKER TRIPATHI

2005 INSC 302Disposed off

The respondent, a temporary government employee, was terminated on 16 August 1988 after being served notice that his services were no longer required. He challenged the termination before the State Public Service Tribunal, which held that the termination was a "termination simpliciter" without …

SUSHIL KUMAR SHARMAversusUNION OF INDIA AND ORS.

2005 INSC 299Disposed off

The petitioner, Sushil Kumar Sharma, filed a writ petition under Article 32 challenging the constitutional validity of Section 498A of the Indian Penal Code, alleging that it is misused to victimise innocent persons through false dowry‑related accusations. The Supreme Court examined whether the mere …

EMPLOYEES STATE INSURANCE CORPORATIONversusGNANAMBIGAI MILLS LTD.

2005 INSC 300Appeal(s) allowed

Employees of Gnanambigai Mills Ltd demanded a wage increase, and the dispute was referred to a Special Tribunal. The Tamil Nadu Government, invoking Section 10‑B of the Industrial Disputes Act, issued orders on 15 July 1985 and 29 July 1985 directing the employer to make interim payments to the …

STATE.OF H.P. AND ORS.versusGUJARAT AMBUJA CEMENT LTD. AND ANR.

2005 INSC 298Appeal(s) allowed

The Supreme Court upheld the Himachal Pradesh High Court’s decision allowing a writ petition under Article 226 despite the existence of statutory remedies. Gujarat Ambuja Cement Ltd. was held to be a "prestigious cement industrial unit" entitled to sales‑tax exemption from the date it commenced …

DIRECTOR OF EDUCATION, UTTARANCHAL AND ORS.versusVED PRAKASH JOSHI AND ORS.

2005 INSC 296Appeal(s) allowed

A single judge of the Allahabad High Court, while disposing of a contempt petition, directed that the respondent, Ved Prakash Joshi, was entitled to arrears of salary despite the absence of an explicit direction in the original order. The appellant, Director of Education, Uttarakhand, challenged …

GENERAL MANAGER, HARYANA ROADWAYSversusRUDHAN SINGH

2005 INSC 292Case Partly allowed

The respondent, Rudhan Singh, was employed on a daily‑wage, class IV basis by Haryana Roadways from 16 March 1988 to 28 February 1989 with intermittent breaks. His services were terminated without notice or retrenchment compensation and he later demanded reinstatement. The State Government referred …

STATE OF PUNJAB AND ORS.versusSUKHWINDER SINGH

2005 INSC 293Appeal(s) allowed

The respondent, Constable Sukhwinder Singh, was discharged under Punjab Police Rule 12.21 after unauthorised absence, and he sued for a declaration that the discharge was illegal because it was punitive and made without a formal inquiry. The High Court held the discharge was punishment requiring a …

ANIL BALUNIversusSURENDRA SINGH NEGI

2005 INSC 294Appeal(s) allowed

The Election Commission notified elections for the Uttaranchal Legislative Assembly and the appellant, Anil Baluni, filed four sets of nomination papers on 22 January 2002 along with Forms A and B of the Election Symbols (Reservation and Allotment) Order, 1968. The Returning Officer later rejected …

STATE OF MADHYA PRADESHversusSALEEM@ CHAMARU AND ANR.

2005 INSC 291Disposed off

The State of Madhya Pradesh prosecuted Saleem@Chamaru and another accused for assaulting a police constable with a knife, invoking IPC sections 307 (attempt to murder) and 333 (voluntarily causing hurt to a public servant). The trial court sentenced them to five years for the 307 charge and four …

COMMISSIONER OF TRADE TAX, U.P. AND ANR.versusM/S. KAJARIA CERAMICS LTD.

2005 INSC 288Appeal(s) allowed

The Commissioner of Trade Tax, U.P. appealed against the eligibility certificate granted to Mis. Kajaria Ceramics Ltd. for exemption from trade tax under the 1991 Notification. The company had expanded its ceramic tile plant in three stages between 1990 and 1994, increasing capacity from 12,000 TPA …

SARBANANDA SONOWALversusUNION OF INDIA AND ANR.

2005 INSC 287

The Supreme Court examined a public‑interest writ petition challenging the constitutionality of the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) and its 1984 Rules, which were applicable only to Assam for detecting and deporting illegal migrants. The Court held that the Act and …

SMT. RAM SAKHI DEVIversusCHHATRA DEVI AND ORS.

2005 INSC 289Disposed off

The appellant, Smt. Ram Sakhi Devi, challenged a judgment of the Patna High Court that restored a trial court decree in a land title suit on a second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court had decided the appeal without formally framing a substantial question …

AANAIMUTHU THEVAR (DEAD) BY LRS.versusALAGAMMAL AND ORS.

2005 INSC 290Dismissed

The husband of the respondent relinquished his ownership of a house in a village panchayat settlement but did not execute a registered deed. He later executed a mortgage and, together with the mortgagee, sued the wife for a permanent injunction; the suit was dismissed and the judgment became final. …

N.V. SRINIVASA MURTHY AND ORS.versusMARIYAMMA (DEAD) BY PROPOSED LRS. AND ORS.

2005 INSC 284Dismissed

The appellants filed a suit in 1996 seeking a declaration of ownership and a permanent injunction over land allegedly transferred by a 1953 sale deed that they claimed was actually a loan secured by an oral agreement to reconvey the property upon repayment. They asserted that the loan was fully …

SHANTI PRASAD DEVI AND ANR.versusSHANKAR MAHTO AND ORS.

2005 INSC 285Dismissed

The lessee, Shanti Prasad Devi, held a petrol pump on premises leased for fifteen years and sought renewal after the lease expired, sending a notice and continuing to pay rent which the lessor accepted. The lease contained specific renewal clauses requiring the option to be exercised before expiry …

STATE OF KERALA AND ANR.versusP.V. NEELAKANDAN NAIR AND ORS.

2005 INSC 286Dismissed

The Supreme Court considered whether teachers who, after attaining the age of superannuation, continued in service under Rule 62 of the Kerala Education Rules, 1959 were entitled to the benefit of a pay revision that took effect during the extended service period. The State of Kerala argued that …

DR. CHIRANJI LAL (D) BY LRS.versusHARI DAS (D) BY LRS.

2005 INSC 279Appeal(s) allowed

In a partition suit, a final decree was passed on 7 August 1981 but was not engrossed on stamp paper until the respondents furnished the required stamp papers on 25 May 1982. The appellant filed an execution application on 21 March 1994, arguing that it was barred by the 12‑year limitation period …

SANJEEV BHATNAGARversusUNION OF INDIA AND ORS.

2005 INSC 281Dismissed

Sanjeev Bhatnagar, an advocate, filed a writ petition under Article 32 seeking a direction to the Union of India to delete the word “Sindh” from the National Anthem, arguing that Sindh is no longer part of India after Partition. The petition, previously dismissed, was re‑filed and opposed by several …

STATE OF MADHYA PRADESHversusBABBU BARKARE @ DALAP SINGH

2005 INSC 282Disposed off

The State of Madhya Pradesh appealed against the High Court's reduction of a seven‑year rigorous imprisonment awarded to Babbu Barkare @ Dalap Singh for rape under Section 376 IPC to the eleven months already served, on the ground that the accused was an illiterate labourer from a rural area. The …

AJENDRAPRASADJI NARENDRAPRASADJI PANDEYversusSWAMI K. NARAYANDASJI AND ORS.

2005 INSC 280Disposed off

The case concerned the removal of Ajendraprasadji Narendraprasadji Pandey from the post of Acharya of a Swaminarayan religious institution and the subsequent appointment of Rakesh Prasadji Mahendra Prasadji. The removal was based on a resolution passed by a body calling itself Satsangha Mahasabha, …

SREE VIJAYAKUMAR AND ANR. ,versusSTATE, BY INSPECTOR OF POLICE, KANYAKUMARI

2005 INSC 283Case Partly allowed

Four brothers were tried for the murder of Rajeswaran by setting him on fire and for the attempted murder of his brother (PW‑1). The prosecution alleged that A‑1 struck Rajeswaran on the head with a bottle, after which A‑2 threw a burning kerosene lamp, causing the victim to catch fire; A‑2 also …

KEDAR NATH DUBEY (D) BY LRS. AND ORS.versusSHEO NARAIN DUBEY (D) BY LRS. AND ORS.

2005 INSC 278Disposed off

The appellant, Kedar Nath Dubey, was the successful bidder at an auction of land under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, after the respondent, Sheo Narain Dubey, defaulted on a loan. The auction sale was confirmed by the Sub‑Divisional Magistrate (SDM). The respondent …

TECHNIP SAversusSMS HOLDING (PVT.) LTD. AND ORS.

2005 INSC 272Appeal(s) allowed

Technip SA and its French subsidiary Coflexip acquired a controlling stake in SEAMEC, an Indian company, prompting SEBI to invoke the Substantial Acquisition of Shares and Takeover Regulations, 1997. SEBI held that French law governed the determination of when control was obtained, concluding that …

MISHRILAL AND ORS.versusSTATE OF M.P. AND ORS.

2005 INSC 274Dismissed

The Supreme Court examined the appeal of four accused convicted for the murder of Balmukund under Sections 302 read with 149 and 148 of the IPC. The prosecution relied on three eye‑witnesses who identified the accused despite the incident occurring at around 6 p.m., and on medical evidence showing …

SHUBH SHANTI SERVICES LTD.versusMANJULA S. AGARWALLA AND ORS

2005 INSC 275Case Partly allowed

The managing director of Shubh Shanti Services Ltd. was allotted a company flat during his employment; after his death his widow and daughter continued to occupy it. The company served notice to vacate, but the respondents claimed they were allowed to stay until another flat was provided, based on …

ASHOK LANKA AND ANR.versusRISHI DIXIT AND ORS.

2005 INSC 277Disposed off

The State of Chhattisgarh invited applications for retail liquor licences and, after receiving over 2.6 lakh applications, selected candidates by computer‑drawn lottery. Several applicants challenged the process, contending that Rule 9(d) of the 2002 Rules required a notarised affidavit at the …

BHAGWAN DASS AND ANR.versusKAMAL ABROL AND ORS.

2005 INSC 273Disposed off

The Supreme Court examined an appeal concerning the allotment of a LPG dealership in Kangra district, Himachal Pradesh. The eligibility notice required the applicant to be a "resident" of Kangra, but the respondent argued that her marital connection to a husband owning property there satisfied the …

GURPAL SINGHversusSTATE OF PUNJAB AND ORS.

2005 INSC 271Appeal(s) allowed

The appellant was appointed Auction Recorder of the Patran Market Committee in 1986. A complaint alleged that he was ineligible because of a 1974 conviction under s.61(l)(a) of the Punjab Excise Act, but the Market Committee held the conviction involved no moral turpitude and the appointment was …

MURLIDHAR AND ORS.versusSTATE OF RAJASTHAN

2005 INSC 268Case Partly allowed

The appellants Murlidhar, Chhaju Ram and Babu Lal were convicted of abduction under Section 364 IPC and of murder under Section 302 read with Section 34 IPC. The Supreme Court examined the evidence of eye‑witnesses, circumstantial facts and the applicability of Section 106 of the Evidence Act. It …

NATIONAL INSURANCE CORPORATION LTD.versusKANTI DEVI AND ORS.

2005 INSC 269Disposed off

The claimant, Kanti Devi, filed a claim before the Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988 for the death of her son in a road accident. The insurer, National Insurance Corporation Ltd., contended that the driver of the vehicle did not hold a licence …

B LEELAVATHIversusHONNAMMA AND ANR.

2005 INSC 265Appeal(s) allowed

The plaintiff, B. Leela Vathi, claimed ownership of a property alleging that the Bangalore Development Authority (BDA) had executed a sale deed in favour of the appellant, Honnamma, without issuing a show‑cause notice under Section 64 of the BDA Act and that she had acquired title by adverse …

SHANTHA @ USHADEVI AND ANR.versusB.G. SHIVANANJAPPA

2005 INSC 266Appeal(s) allowed

Shantha @Ushadevi and her minor daughter filed a petition under Section 125 of the CrPC for maintenance, which was granted on 20 January 1993. They later filed a Criminal Miscellaneous Petition No.47/1993 under Section 125(3) to recover arrears up to August 1993, but the husband filed revisions in …

VELLIKANNUversusR. SINGAPERUMAL AND ANR.

2005 INSC 267Dismissed

The appellant, Vellikannu, a daughter‑in‑law, claimed inheritance of the joint family property of her deceased father‑in‑law, Ramasami Konar, asserting her right as his widow. The sole son of the deceased, Respondent No.1, had murdered his father and was convicted under Section 302 IPC, later …

STATE OF KERALA AND ORS.versusMAHARASHTRA DISTILLERIES LTD. AND ORS

2005 INSC 264Disposed off

The State of Kerala created a monopoly in the wholesale trade of Indian Made Foreign Liquor (IMFL) by establishing the Kerala State Beverages Corporation (KSBC) as the sole purchaser of liquor from manufacturers. The dispute centered on whether the duty levied under Section 17 of the Kerala Abkari …

M/S. K. RAHEJA DEVELOPMENT CORPORATIONversusSTATE OF KARNATAKA

2005 INSC 262Dismissed

The appellant, Mis. K. Raheja Development Corporation, entered into development agreements with land owners and sale agreements with prospective purchasers to construct residential and commercial units for consideration. The State of Karnataka assessed turnover tax under the Karnataka Sales Tax Act, …

UNION OF INDIA AND ORS.versusINDIAN JUTE MILLS ASSOCIATIONS AND ORS.

2005 INSC 263Disposed off

The Supreme Court heard appeals by the Union of India challenging High Court judgments that had quashed government notifications reducing compulsory jute packaging and had directed the Standing Advisory Committee to hear workers and growers before making recommendations. The Court examined whether …

RAJU S. JETHMALANI AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 260Appeal(s) allowed

The 1986 development plan for Pune earmarked a privately‑owned 1.5‑acre Plot No.438 as a garden, but the Municipal Corporation and the State Government never acquired the land. After the owners (appellants) bought the plot, the Government de‑reserved it by notification on 12‑Feb‑1993, citing lack of …

NEERAJ MUNJAL AND ORSversusATUL GROVER MINOR AND ANR.

2005 INSC 261Appeal(s) allowed

A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) which the parties agreed to refer to arbitration. An arbitrator was appointed on 19‑May‑1995 and rendered an award on 19‑Aug‑1996, which the Commission accepted. The Supreme Court later held that the NCDRC could …

STATE OF U.P.versusJAI BIR SINGH

2005 INSC 258Matter referred to larger bench

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the 'social forestry' department and similar welfare activities fall within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947. The conflict arose from differing …

STATE OF HARYANA AND ANR.versusNATIONAL CONSUMER AWARENESS GROUP AND ORS.

2005 INSC 255Dismissed

The Supreme Court examined the procedure for appointing the President of the Haryana State Consumer Disputes Redressal Commission under Section 16(1)(a) of the Consumer Protection Act, 1986, specifically the requirement of consultation with the Chief Justice of the High Court. The Court also …

RAJESH KUMAR GUPTA AND ORS.versusSTATE OF U.P. AND ORS.

2005 INSC 256Dismissed

The State of Uttar Pradesh, facing a severe shortage of primary school teachers, introduced a two‑month special Basic Teacher's Certificate (BTC) training programme for B.Ed/L.T. candidates, reserving 50% of seats for women and imposing a restriction that applications be made only for vacancies in …

KAILASH CHAND AND ANR.versusDHARAM DASS

2005 INSC 253Appeal(s) allowed

The appellants, Kailash Chand and Nokha Ram, owned a two‑storeyed building in Shimla and sought eviction of their tenant, Dharm Dass, under Section 14(3)(a)(i) of the Himachal Pradesh Urban Rent Control Act, 1987, claiming a bona‑fide requirement for his own occupation. An eviction order was …

VASANTHIversusSTATE OF A.P.

2005 INSC 257Appeal(s) allowed

Vasanthi was arrested under the Andhra Pradesh Control of Organized Crime Act, 2001 and several IPC provisions for allegedly lending her car for a kidnapping. The High Court denied her bail, applying Section 21(4) of the Act and holding that there were reasonable grounds to believe she was guilty …

ARVIND MOHAN JOHARI AND ANR.versusSTATE OF U.P. AND ANR.

2005 INSC 254Disposed off

Arvind Mohan Johar and Anand Krishna Johari were granted bail by the Supreme Court on the basis that Rs. 17 crore and Rs. 13 crore respectively were lying in the credit of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) and would be used to satisfy the claimants. The BSE and NSE …

CHURCH OF NORTH OF INDIAversusLAVAJIBHAI RATANJIBHAI AND ORS.

2005 INSC 248Dismissed

The Church of North India (CNI) sought a declaration that the earlier Brethren Church had ceased to exist, that CNI was its legal successor with rights over its properties, and a perpetual injunction restraining dissenting members from obstructing its functioning. The plaintiffs filed the suit in a …

ALLAHABAD JAL SANSTHANversusDAYA SHANKAR RAI AND ANR.

2005 INSC 249Case Partly allowed

The employee (Respondent No.1) was appointed on an ad‑hoc basis by Allahabad Jal Sansthan and terminated on 24 January 1987. He raised an industrial dispute and the Labour Court, in an ex‑parte award dated 11 April 2000, reinstated him with full back wages, holding the termination invalid under …

SURINDER SINGHversusKAPOOR SINGH (D) THROUGH LRS. AND ORS.

2005 INSC 245Dismissed

Surinder Singh, who owned half of a property with his sister, entered into a sale agreement with Kapur Singh claiming authority to sell his sister's share as well. The sister denied such authority, leading the respondents to sue for specific performance. The trial court dismissed the suit, but the …

VIVEKA NAND SETHIversusCHAIRMAN, J. AND K., BANK LTD. AND ORS.

2005 INSC 250Case Partly allowed

Viveka Nand Sethi, a cashier‑clerk of Jammu & Kashmir Bank, failed to resume duties after his leave expired and did not submit a proper medical‑leave application with a valid certificate despite repeated notices and memoranda. The Bank invoked clause 2 of the bipartite settlement (voluntary …

GLOBAL ENERGY LTD . .AND ANR.versusM/S. ADANI EXPORTS LTD. AND ORS.

2005 INSC 251Dismissed

The West Bengal State Electricity Board issued a notice inviting tenders (NIT) for the sale of surplus power, requiring a Rs 30 lakh earnest money deposit from all bidders except Central/State Government organisations and public sector undertakings (PSUs). Global Energy Ltd., lacking the requisite …

PRAMOD KUMAR JAISWAL AND ORS.versusBIBI HUSN BANO AND ORS.

2005 INSC 246Dismissed

The appellants, tenants of a building, argued that having acquired the rights of some co‑owner landlords in 1988 extinguished their lease under the doctrine of merger, invoking Section 111(d) of the Transfer of Property Act, 1882, and therefore the order directing them to deposit fair rent under the …

ANGREJ KAURversusUNION OF INDIA AND ANR.

2005 INSC 252Disposed off

Constable Surjit Singh of the Border Security Force was reported missing during the 1971 Indo‑Pak war and was declared dead, with a family pension granted to his wife, Angrej Kaur. In 2004 the petitioner learned, through newspaper reports and identification by former Pakistani detainees, that her …

D. PARRY (INDIA) LTD.versusASSISTANT COMMISSIONER OF COMMERCIAL TAXES, CHENNAI

2005 INSC 247Appeal(s) allowed

E.I.D. Parry (India) Ltd., a sugar manufacturer, purchased sugarcane at a statutory minimum price and an additional price under Clause 5‑A of the Sugarcane (Control) Order, 1966. The additional price could be determined only after the sugar year ended, so the company paid an advance on that price, …

IN RE: ENFORCEMENT AND IMPLEMENTATION OF DOWRY PROHIBITION ACT, 1961versus-

2005 INSC 243Case Allowed

The Supreme Court entertained a public interest writ petition under Article 32 seeking mandamus to compel the Union and State governments to enforce the Dowry Prohibition Act, 1961 more effectively. The petitioners alleged that despite the enactment of the Act and its amendments, the provisions and …

M/S. PREM CHAND VIJAY KUMARversusYASH PAL SINGH AND ANR.

2005 INSC 244Dismissed

The appellant, a supplier, issued a cheque to the respondents for goods supplied, which was dishonoured due to insufficient funds. After the first dishonour, the appellant served a legal notice demanding payment; the cheque was presented again at the respondents' request and dishonoured a second …

M.C.D.versusSTATE OF DELHI AND ANR.

2005 INSC 239Appeal(s) allowed

The Municipal Corporation of Delhi (MCD) appealed against a Delhi High Court order that granted probation under Section 4 of the Probation of Offenders Act, 1958 to builder Gurcharan Singh, who had been convicted under Sections 332 and 461 of the Delhi Municipal Corporation Act, 1957. The High Court …

COMMISSIONER OF TRADE TAX, LUCKNOWversusM/S. KANHAI RAM THEKEDAR

2005 INSC 241Dismissed

The Commissioner of Trade Tax of Uttar Pradesh assessed M/s Kanhai Ram Thekedaar for the 1977-78 tax year in 1986, which the assessee fully paid. In 1990 the assessing authority issued a separate order imposing interest at 24% per annum on the unpaid tax, without a prior notice. The assessee …

HANS RAJ BANGAversusRAM CHANDER AGGARWAL

2005 INSC 242Appeal(s) allowed

The Ministry of Rehabilitation constructed a market shop that formed part of the compensation pool under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and was sold by tender to Hans Raj Banga. The predecessor‑in‑interest, Bhagwan Das, a squatter and not a displaced person, failed …

A.P.S.R.T.C.versusREGIONAL TRANSPORT AUTHORITY AND ORS.

2005 INSC 234Reference answered

The Andhra Pradesh State Road Transport Corporation (the Corporation) framed a scheme under s.99 of the Motor Vehicles Act, 1988 to nationalise the mofussil service in West Godavari district, excluding all private operators on the notified routes and on any routes overlapping them. The scheme …

RAJESH K. GUPTAversusRAM GOPAL AGARWALA AND ORS.

2005 INSC 237Dismissed

Rajesh K. Gupta, a Supreme Court advocate, filed a writ of habeas corpus seeking custody of his daughter Rose Mala, who was residing with her mother Aruna Gupta and the maternal grandparents. He alleged that the mother suffered from paranoid schizophrenia and that the child had been abducted by the …

HARMOHINDER SINGH PRADHANversusRANJEET SINGH TALWANDI AND ORS.

2005 INSC 235Dismissed

The appellant challenged the election of Ranjit Singh Talwandi, alleging that religious leaders had appealed to voters to support him, which was claimed to be a corrupt practice under Section 123(3) of the Representation of People Act, 1951. The Supreme Court examined whether such an appeal, made by …

MANOJ KUMAR AND ANR.versusMUNNI DEVI

2005 INSC 236Dismissed

The landlord, Munni Devi, sought eviction of the tenants, Manoj Kumar and others, under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the building was dilapidated and needed demolition for a new business and for her son’s employment. The …

M.B. RAMACHANDRANversusGOWRAMMA AND ORS.

2005 INSC 238Disposed off

The Supreme Court examined appeals challenging the High Court's declaration that the Karnataka Inams Abolition (Amendment) Act, 1979 was void in its entirety. The Court held that the High Court had overreached; only the amendment of Mysore Act 18 of 1955 (Section 3) could be declared ultra vires, …

SHRI BANARSI DASSversusMRS. TEEKU DUTTA AND ANR.

2005 INSC 233Dismissed

The appellant, Banarsi Dass, objected to the grant of a succession certificate to Mrs. Teeku Dutta, alleging she was not the deceased's daughter. He moved an application under Order 151 CPC for a DNA test to establish paternity, which the trial court allowed. The Delhi High Court set aside that …

M/S. SACI ALLIED PRODUCTS LTD., U.P.versusCOMMISSIONER OF CENTRAL EXCISE, MEERUT

2005 INSC 230Appeal(s) allowed

The appellant, SACI Allied Products Ltd., sold detergent powder to independent dealers across India at a uniform price and also sold the same goods to Syndet (SCIL) in Uttar Pradesh at a lower price; Syndet then resold the goods to dealers at a higher price. The Revenue treated Syndet as a related …

HARI CHAND AND ORS.versusFARIDABAD COMPLEX ADMINISTRATION AND ORS.

2005 INSC 231Dismissed

The petitioners were former employees of the Faridabad Development Board who retired between 1976 and 1986 and sought pension benefits under a scheme introduced in 1992. They relied on a prior civil suit where similarly situated employees were granted pension, arguing that the decree should bind the …

ANWARUL HAQversusTHE STATE OF UTTAR PRADESH

2005 INSC 232Dismissed

The appellant, Anwarul Haq, was convicted under Section 324 of the Indian Penal Code for inflicting grievous injury with a knife, based on the testimony of the injured victim and two eyewitnesses, despite the weapon not being recovered. He appealed, arguing that the weapon was not a 'dangerous …