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Judgments of 2005

629 judgments · newest first · showing 401–600

S.V. MUZUMDAR AND ORS.versusGUJARAT STATE FERTILIZER CO. LTD. AND ANR.

2005 INSC 229Dismissed

The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and Sections 420 and 114 of the Indian Penal Code against Gujarat State Fertilizer Co. Ltd. and several of its employees and directors. The accused filed applications before the Chief Judicial …

KASTURIversusIYYAMPERUMAL AND ORS.

2005 INSC 228Appeal(s) allowed

Kasturi filed a suit for specific performance of a contract for sale against the vendor (respondents Nos.2 and 3). Respondents Nos.1 and 4‑11, who were not parties to the contract but claimed independent title and possession of the property, applied to be impleaded as defendants. The trial court and …

DHARAMPAL SATYAPALversusCOMMISSIONER OF CENTRAL EXCISE, NEW DELHI

2005 INSC 220Dismissed

The appellant, a partnership engaged in manufacturing chewing tobacco, produced a compound called "kimam" in unregistered and unlicensed factories and claimed it was an intermediate, non‑marketable product not liable to excise duty. The Revenue Department contended that kimam was a distinct, …

SAIBANNAversusSTATE OF KARNATAKA

2005 INSC 222Dismissed

Saibanna, already serving a life sentence for murdering his first wife, was released on parole and subsequently murdered his second wife Nagamma and their 16‑year‑old daughter Vijayalakshmi with a hunting knife while they slept. He was convicted under Section 302 IPC and sentenced to death by the …

U.P. MADHYAMIK SHIKSHA PARISHAD AND ORS.versusRAJ KUMAR AGNIHOTRI

2005 INSC 223Appeal(s) allowed

The respondent, a government employee, sought to have his date of birth corrected from 30‑07‑1941 to 16‑10‑1945, alleging an error in his 1960 High School Certificate. He filed an application for correction in 1981, but the suit was only instituted in 1995, more than three decades after the …

MUKHTIAR AHMED ANSARIversusSTATE (N.C.T. OF DELHI)

2005 INSC 224Appeal(s) allowed

Mukhtiar Ahmed Ansari was convicted under TADA (Sec. 5) and the Arms Act (Sec. 25(IB)) for allegedly possessing firearms and ammunition in a notified area after being arrested near Delhi's Bahai Temple in 1993. He had earlier been acquitted of the related kidnapping charge. On appeal, the Supreme …

RAJENPRA SAILversusMADHYA PRADESH HIGH COURT BAR ASSOCIATION AND ORS.

2005 INSC 225Disposed off

The Supreme Court examined contempt proceedings against Rajendra Sail, who had called a High Court judgment "rubbish" and alleged bias and bribery by the judges, and against the editor, printer, publisher and chief sub‑editor of the newspaper that published his statements. The Court held that such …

KOKILAMBAL AND ORS.versusN. RAMAN

2005 INSC 226Appeal(s) allowed

Kokilambal, a Hindu widow with no issue, executed two settlement deeds in 1963‑64 granting her nephew Varadan a life usufruct and an absolute interest after her death. Varadan died in 1979 before Kokilambal, who then revoked the deeds and executed a fresh settlement in favour of Babu and Shanthi. …

NORTH EASTERN COALFIELDS COAL INDIA LTD.versusMUBARAK ALI AND ORS.

2005 INSC 227Appeal(s) allowed

The appellant, North Eastern Coalfields Coal India Ltd, succeeded the private Assam Railway and Trading Company (ARTC) whose coal mining assets were vested in the Central Government under the Coal Mines (Nationalization) Act, 1973. The Additional Deputy Commissioner declared the land held by the …

SECRETARY, O.N.G.C. LTD. AND ANR.versusV.U. WARRIER

2005 INSC 217Appeal(s) allowed

The case concerned V.U. Warrier, a former "gold‑collar" officer of the Oil and Natural Gas Commission (ONGC), who after retirement failed to vacate a residential quarter allotted to him and was charged penal rent. ONGC deducted Rs.53,632 of the penal rent from the gratuity payable to Warrier under …

M.P. GOPALAKRISHNAN NAIR AND ANR.versusSTATE OF KERALA AND ORS.

2005 INSC 218Dismissed

The Supreme Court heard appeals against a Kerala High Court order that upheld the Guruvayoor Devaswom Act, 1978, which allows Hindu ministers in the Council of Ministers to nominate members to the temple's Managing Committee. The petitioners argued that the ministers must be believers in God and …

TAMIL NADU STATE TRANSPORT CORPORATION LTD.versusS. RAJAPRIYA AND ORS.

2005 INSC 219Appeal(s) allowed

The Tamil Nadu State Transport Corporation appealed a Motor Vehicles Accident Compensation Claim Tribunal award that granted Rs.6,09,552 to the widow and child of a 38‑year‑old employee who died in a road accident, using a multiplier of 16 under Section 166 of the Motor Vehicles Act, 1988. The …

M/S. MASTER MARINE SERVICES PVT. LTD.versusMETCALFE AND HODGKINSON PVT. LTD. AND ANR.

2005 INSC 214Appeal(s) allowed

The Container Corporation of India (CONCOR) floated a limited tender for survey services and shortlisted Master Marine Services Pvt. Ltd. (appellant) and Metcalfe & Hodgkinson Pvt. Ltd. (first respondent). The appellant’s bid was 25% lower, but the first respondent challenged the award on the ground …

OM PRAKASH SHRIVASTAVversusSTATE OF M.P. AND ANR.

2005 INSC 215Dismissed

Om Prakash Shrivastava was appointed on probation on 1‑May‑1989 and passed the departmental examination on 22‑July‑1992 after his probation had been extended, leading to his confirmation on 23‑July‑1992. Another probationer, Ram Rao Bhosley, appointed on 7‑May‑1990, passed his examination on …

M/S. S.V. TANK & VESSEL PVT. LTD.versusENGINEERING WORKERS ASSOCIATION

2005 INSC 213Disposed off

The employer, Mis. S.V. Tank & Vessel Pvt. Ltd., retrenched 33 employees and faced a strike. The Engineering Workers Association filed a complaint in the Industrial Court challenging the retrenchment, alleging it was illegal. The Industrial Court set aside the retrenchment and ordered back wages and …

NATIONAL INSURANCE CO. LTD.versusPREMBAI PATEL AND ORS.

2005 INSC 212Disposed off

The driver of a goods truck insured by National Insurance Co. Ltd. died in an accident, and his family claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal dismissed the claim, but the Madhya Pradesh High Court awarded Rs. 2,10,000 and directed …

VASANT TUKARAM PAWARversusSTATE OF MAHARASHTRA

2005 INSC 209Disposed off

Vasant Tukaram Pawar was convicted under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and sentenced to seven years' rigorous imprisonment and a fine of Rs.1,00,000. He appealed to the Bombay High Court seeking suspension of the sentence and …

DATTU SHAMRAO VALKE AND ANR.versusSTATE OF MAHARASHTRA

2005 INSC 210Case Partly allowed

The case arose from a violent altercation in the village of Walkewadi where the deceased Krishna and his son Bajirao, accompanied by family members, went to the fields armed with axes and sticks. The appellants, Dattu Shamrao Valke and Tanaji Shamrao Valke, also armed with a double‑barrel gun, axes …

SEEMAversusASHWANI KUMAR

2005 INSC 211

The Supreme Court entertained Transfer Petition (C) No. 29 of 2005 arising out of a matrimonial suit between Ashwani Kumar and Seema. The Court ordered an interim stay of the pending suit and directed issuance of notice. While hearing, the Court observed that the absence of official records of …

AMIT KUMAR SHAW AND ANR.versusFARIDA KHATOON AND ANR.

2005 INSC 202Appeal(s) allowed

The appellants, Amit Kumar Shaw and Anand Kumar Shaw, purchased the suit property from the original defendants during the pendency of two second appeals before the Calcutta High Court. They filed applications under Order I Rule 10 and Order XXII Rule 10 of the CPC seeking substitution of their names …

UMABAI AND ANR.versusNILKANTH DHONDIBA CHAVAN BY LRS. AND ANR.

2005 INSC 203Appeal(s) allowed

The case concerned a transaction where the respondents sold a property to the appellants for Rs 45,000 and, on the same day, entered into an agreement for reconveyance of the same property upon payment of the same amount within seven to nine years. The respondents claimed the arrangement was a …

VILUBEN JHALEJAR CONTRACTOR (D) BY LRS.versusSTATE OF GUJARAT

2005 INSC 204Disposed off

The appellants' lands were acquired in 1980 under the Land Acquisition Act, 1894 for submergence by the Kadana Dam. The dispute centered on how to determine the market value of the acquired lands, whether deductions for development and for the largeness of the tract could both be made, the …

SWAMY ATMANANDA AND ORS.versusSRI RAMAKRISHNA TAPOVANAM AND ORS.

2005 INSC 205Dismissed

The appellants (Swamy Atmananda and others) challenged a Madras High Court judgment that had upheld a decree declaring the respondent society (Sri Ramakrishna Tapovanam) as the sole educational agency of several private schools. The key issue was whether Sections 53 and 53A of the Tamil Nadu …

SWAMY ATMANANDAversusSWAMI BODHANANDA AND ORS.

2005 INSC 206Appeal(s) allowed

The appellant, Swamy Atmananda, challenged a Madras High Court order that had granted a writ of mandamus under Article 226 directing the respondents to assist in taking over management of certain institutions in accordance with a decree of a civil court. The High Court had allowed the writ petition, …

STATE OF RAJASTHANversusBIRAM LAL

2005 INSC 207Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Biram Lal for the offence of rape under Section 376 IPC. The trial court had convicted him under Sections 376 and 450 IPC based on the testimony of the prosecutrix and four witnesses. The High Court upheld the conviction for house‑trespass (Section …

COMMISSIONER OF CENTRAL EXCISE, NEW DELHIversusM/S. HERO HONDA MOTORS

2005 INSC 201Disposed off

The Commissioner of Central Excise appealed against the order of the Customs, Excise & Gold (Control) Appellate Tribunal which had held that the advances received by Hero Honda Motors and the interest earned thereon did not affect the assessable value of its motorcycles. The Tribunal had found that …

COMMISSIONER OF CENTRAL EXCISE, TRICHYversusM/S. GRASIM INDUSTRIES LTD.

2005 INSC 198Disposed off

The Commissioner of Central Excise appealed against a judgment of the Central Excise, Customs and Gold (Control) Appellate Tribunal (CEGAT) which had allowed Mis. Grasim Industries Ltd., a subsidiary, to claim exemption under Notification No. 5/98‑CE. The subsidiary printed on its cement bags the …

INDORE DEVELOPMENT AUTHORITYversusSHRIKRISHNA OIL MILLS AND ORS.

2005 INSC 199Appeal(s) allowed

The Supreme Court examined whether the Indore Development Authority could lawfully approve Town Development Scheme No. 78 after the earlier Improvement Trust had invited objections under the Trust Act. The Court held that the Authority duly complied with the procedure prescribed by the Madhya …

STATE OF RAJASTHANversusRAM CHANDRA

2005 INSC 200Appeal(s) allowed

The State of Rajasthan appealed a conviction of Ram Chandra under Sections 8 and 18 of the NDPS Act, arguing that the High Court erred in holding that the search of the accused in the presence of Deputy Superintendent of Police (a gazetted officer who was part of the raiding party) violated Section …

ACHAL MISRAversusRAMA SHANKER SINGH AND ORS.

2005 INSC 196Appeal(s) allowed

The landlord (Achal Misra) sought to set aside orders of allotment of two floors of a building to tenants under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, arguing that the earlier declaration of vacancy was erroneous and that the High Court erred in …

SONA BALA BORA AND ORS.versusJYOTIRINDRA BHATACHARJEE

2005 INSC 197Appeal(s) allowed

The widowed appellant Sona Bala Bora and her children claimed that their father‑in‑law Bhogirath Bora, who had sold three bungalows to the respondent Jyotirindra Bhatachary, was of unsound mind when he executed the sale deed and that a prior criminal‑case compromise required him to gift one bungalow …

HOLIRAM BORDOLOIversusSTATE OF ASSAM

2005 INSC 195Dismissed

Holiram Bordoloi, the appellant, was part of a gang that attacked the bamboo hut of Narayan Bordoloi, pelting stones, locking the door and setting it on fire, resulting in the deaths of Narayan and his six‑year‑old son, the latter being thrown back into the flames by the appellant. The appellant …

STATE OF HIMACHAL PRADESHversusPAWAN KUMAR

2005 INSC 193Appeal(s) allowed

The State of Himachal Pradesh appealed against the acquittals of Pawan Kumar in two criminal appeals, challenging the High Courts' findings that Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act was not complied with during the search of a bag carried by the accused. The …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION AND ANR.

2005 INSC 188Directions issued

The Supreme Court examined the findings of the Justice Bahri Commission on alleged diversion of funds by Skipper Construction in the Barakhamba Road project and on the claims of purchasers in the Technology Parks Ltd. schemes. The Court held that the Commission’s detailed valuation and accounting …

AMARENDRA KOMALAM AND ANR.versusUSHA SINHA AND ANR.

2005 INSC 191Appeal(s) allowed

The appellants Amarendra Komalam and others sued respondent Usha Sinha for specific performance of a lease renewal clause, while the respondent had earlier filed an eviction suit and, in earlier proceedings, undertook not to contest the authenticity of the 02‑09‑1978 lease agreement. The respondent …

M/S. GUJARAT CYPROMET LTD.versusUNION OF INDIA AND ORS.

2005 INSC 189Dismissed

Gujarat CyproMet Ltd imported copper cathodes that remained unclaimed at Jawaharlal Nehru Port Trust and were sold by public auction in 2000 for Rs 52.5 lakh. The Port Trust deducted 50 % of the sale proceeds as "sale expenses" pursuant to Board Resolution No. 624 dated 23‑July‑1999. The company …

RANJITSING BRAHMAJEETSING SHARMAversusSTATE OF MAHARASHTRA AND ANR.

2005 INSC 190Appeal(s) allowed

The case arose from the investigation of a massive counterfeit stamp scam in which the former Pune Police Commissioner, Ranjitsing Sharma, was arrested under the Maharashtra Control of Organized Crime Act (MCOCA) on allegations that he had helped and supported members of the organized crime …

RAJASTHAN WELFARE SOCIETYversusSTATE OF RAJASTHAN

2005 INSC 192Dismissed

The Rajasthan Welfare Society, an aided non‑government educational institution, challenged the State of Rajasthan's refusal to allow the gratuity payable to its employees to be counted as part of the approved expenditure for computing grant‑in‑aid under the Rajasthan Non‑Government Educational …

SUBHADRA RANI PAL CHOUDHARYversusSHEIRLY WEIGAL NAIN AND ORS.

2005 INSC 187Disposed off

The mother bequeathed two properties to her daughters, Subhadra Rani Pal Choudhary and Jyotsnamayee Pal Choudhary, who obtained probate. The brothers appealed; during pendency the sisters were appointed administrators‑cum‑joint receivers and were permitted by the Calcutta High Court to lease the …

KAILASHversusNANHKU AND ORS.

2005 INSC 186Appeal(s) allowed

The appellant, Kailash, elected to the Uttar Pradesh Legislative Council, challenged a High Court order that refused to accept his written statement filed after the 90‑day limit prescribed by Order VIII, Rule I of the CPC. The Supreme Court examined when the trial of an election petition begins, …

KAMALANANTHA AND ORS.versusSTATE OF TAMIL NADU

2005 INSC 183Dismissed

The Supreme Court examined the conviction of a swami and his associates for the systematic rape of thirteen orphaned girls in an ashram and the murder of a male inmate. The Court held that the victims' consent was obtained by deceit and threat, rendering it invalid under Section 375 IPC, and that …

BHAGAWATI OXYGEN LTD.versusHINDUSTAN COPER LTD.

2005 INSC 184Appeal(s) allowed

Bhagawati Oxygen Ltd. (BOL) entered into a contract with Hindustan Copper Ltd. (HCL) for the supply of oxygen, which contained an arbitration clause. An arbitrator awarded Rs. 74,84,521.34 to BOL and granted interest at 18% per annum, dismissing HCL's counter‑claim. HCL challenged the award under …

M/S CHANNY ENTERPRISESversusCOMMISSIONER OF CENTRAL EXCISE, CHANDIGARH

2005 INSC 185Dismissed

Channy Enterprises operates two hot‑rolled steel mills, each equipped with its own reheating furnace. After installing a second furnace (with a single motor that prevents simultaneous operation), the Commissioner, relying on the 26‑February‑1998 circular, fixed the unit’s Annual Capacity of …

ASSOCIATED CEMENT COMPANIES LTD.versusSTATE OF MADHYA PRADESH AND ANR.

2005 INSC 181Dismissed

Associated Cement Companies Ltd. manufactures cement at Kymore and was levied a terminal export tax of 0.50% on cement by the Kymore Municipal Council under a 1991 notification. The State Government later issued a circular on 15 December 1995 prescribing a uniform rate of 0.20% for cement across …

STATE OF N.C.T. OF DELHI AND ANR.versusSANJEEV @ BITTOO

2005 INSC 180Disposed off

The State of NCT of Delhi appealed against a Delhi High Court order that had set aside an externment order issued under Section 47 of the Delhi Police Act, 1978, which directed a police officer to leave Delhi for one year. The High Court had held that the order lacked sufficient material and …

STATE OF NAGALANDversusLIPOK AO AND ORS.

2005 INSC 179Appeal(s) allowed

The State of Nagaland filed an application for leave to appeal under Section 378(3) of the CrPC against the acquittal of Lipok AO and others. Because the application was filed 57 days after the limitation period, the State sought condonation of delay under Section 5 of the Limitation Act, 1963. The …

COMMISSIONER OF CENTRAL EXCISE, BELGAUMversusM/S. AKAY COSMETICS PVT. LTD.

2005 INSC 176Dismissed

The Commissioner of Central Excise appealed against Mis. Aka Y Cosmetics Pvt. Ltd., which claimed deductions from assessable value for special packing, turnover tax, octroi, and bought‑out items while the assessable value was based on the selling price to a related person under proviso (iii) of Sec. …

COMMISSIONER OF CENTRAL EXCISE, BELGAUMversusM/S. AKAY COSMETIC (P) LTD., HUMBLI

2005 INSC 177Dismissed

The Commissioner of Central Excise appealed against the Tribunal’s order allowing Mis Akay Cosmetics (P) Ltd. to deduct seven categories of expenditure from the assessable value of its instant hair‑colour product for the period 1988‑1993. The Tribunal had remanded the question of whether Akay …

M/S. DABUR (INDIA) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, JAMSHEDPUR

2005 INSC 178Case Partly allowed

The Supreme Court considered two products of Dabur Ltd., ‘Janam Ghunti’ and ‘Lal Tail’, for classification under the Central Excise Tariff Act, 1985. The Tribunal had remitted the classification of ‘Janam Ghunti’ to the original authority, noting that its nature as an aqueous distillate, solution or …

BRIJ MOHAN LALversusUNION OF INDIA AND ORS.

2005 INSC 171

The petition challenged the discontinuation of the Fast Track Courts Scheme after 31 March 2005, arguing that the State’s failure to maintain the scheme would violate the constitutional right to speedy justice under Article 21. The respondents, Union of India and several states, contended that …

SREE BALAJI RICE MILL, BELLARYversusSTATE OF KARNATAKA

2005 INSC 169Dismissed

The appellant, Sree Balaji Rice Mill, challenged a penalty imposed by the Additional Commissioner under Section 18A of the Karnataka Sales Tax Act, which was levied suo motu in revision proceedings under Section 22A after the Assessing Authority had failed to impose any penalty. The High Court had …

V.M. SALGAOCAR AND BROS.versusBOARD OF TRUSTEES OF PORT OF MORMUGAO AND ANR

2005 INSC 172Dismissed

The appellant, an iron‑ore exporter, claimed a rebate of Rs 62,46,548.10 from the Board of Trustees of Mormugao Port, alleging that the Board had unlawfully levied a surcharge and refused full rebate. The Board raised two defenses under Section 120 of the Major Port Trusts Act, 1963: that the …

BHARTI TELENET LTD.versusUNION OF INDIA AND ORS.

2005 INSC 173Appeal(s) allowed

Bharti Telenet Ltd., a basic telephone service licensee in Madhya Pradesh, disputed the interconnection points with BSNL and sought a TRAI order on 15 June 2001, which was declared of general applicability. The company asked its industry association (ABTO) to file a collective review, which was …

KULDEEP SINGH AND ANR.versusSTATE OF TAMIL NADU AND ORS .

2005 INSC 174Disposed off

Petitioners, a renal patient in Tamil Nadu and his brother from Punjab, applied for a No‑Objection Certificate (NOC) under the Transplantation of Human Organs Act, 1994, to enable a kidney donation by the brother, who was not a near relative. The Tamil Nadu authorities directed the petitioners to …

CIFCO PROPERTIES PVT. LTD. AND ORS.versusCUSTODIAN AND ORS.

2005 INSC 170Dismissed

The Special Court under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, initially directed a High Court Receiver to sell certain properties to recover dues, but later ordered the Custodian appointed under the Act to act as Receiver because the High Court …

CANARA BANKversusV.K. AWASTHY

2005 INSC 175Appeal(s) allowed

Canara Bank dismissed employee V.K. Awasthy for multiple acts of misconduct. The employee challenged the dismissal, alleging violation of natural justice and that the punishment was disproportionate. The High Court held the dismissal violated natural justice and was excessive, directing a fresh …

STATE OF KARNATAKA AND ANR.versusSANGAPPA DYAVAPPA BIRADAR AND ORS.

2005 INSC 167Appeal(s) allowed

The Karnataka State Government acquired land for a canal project and, after negotiations, entered into consent agreements with the landowners, resulting in consent awards that included market value, solatium and additional market value. The landowners received the compensation and thereafter filed …

M/S. TATA IRON AND STEEL CO. LTD.versusSTATE OF JHARKHAND AND ORS.

2005 INSC 168Dismissed

Tata Iron and Steel Co. Ltd., a dealer under the Bihar Finance Act, operated a Hot Rolled Mill (HRM) and later set up a Cold Rolled Mill (CRM) as a diversification. The CRM received tax exemption under Bihar's 1995 Industrial Policy notifications 478/479, which was later withdrawn but restored by …

K. KALIMUTHUversusSTATE BY D.S.P.

2005 INSC 165Disposed off

The appellants, who were public servants, were charged with offences under the IPC and the Prevention of Corruption Act and contended that the Special Judge could not take cognizance without the prior sanction required by Section 197 of the Code of Criminal Procedure, 1973. The High Court held that …

SHREE SUBHLAXMI FABRICS PVT. LTD.versusCHAND MAL BARADIA AND ORS.

2005 INSC 161Appeal(s) allowed

Shree Subhlaxmi Fabrics Pvt. Ltd. initiated arbitration against Chand Mal Baradia under a clause in their contract. Baradia filed a suit in the Calcutta Civil Court seeking an injunction to restrain the arbitration, claiming that no arbitration agreement existed and that the contract’s jurisdiction …

HEM RAJ AND ORS.versusSTATE OF HARYANA

2005 INSC 162Appeal(s) allowed

The appellants were convicted for the murder of Hemant Kumar under Section 302 IPC based primarily on the testimony of two related eyewitnesses, PW4 and PW5. An independent eyewitness, Kapur Singh, who was present at the scene, was never examined, and the prosecution offered no explanation for this …

C.S. KRISHNAMURTHYversusSTATE OF KARNATAKA

2005 INSC 163Dismissed

C.S. Krishnamurthy, a technical supervisor in Bangalore Telephones, was charged under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income between 1964 and 1986. The Deputy General Manager of the department …

NEW INDIA ASSURANCE CO. LTD.versusCHARLIE AND ANR.

2005 INSC 164Appeal(s) allowed

The appellant insurer challenged a Kerala High Court order that awarded compensation to the claimant, who suffered a 100% permanent disability in a motor accident. The dispute centered on the appropriate deduction for personal expenditure and the multiplier to be applied in computing the lump‑sum …

BIJENDER SINGHversusSTATE OF HARYANA AND ANR.

2005 INSC 160Disposed off

An FIR was lodged for murder and related offences committed on 17‑11‑1999. The accused, aged 17 years and 8 months at the time, applied to be treated as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. The 1986 Juvenile Justice Act, then in force, defined a male …

SMT. CLAUDE-LILA PARULEKARversusM/S. SAKAL PAPERS PVT. LTD. AND ORS.

2005 INSC 159Disposed off

The appellant, a beneficiary of a trust, claimed a pre‑emptive right under Article 57‑A of the company's Articles of Association to purchase 3,417 and 93 shares held by joint executors, but the executors sold those shares to a third‑party group without complying with the Articles or Section 108 of …

STATE OF TAMIL NADUversusM. KRISHNAPPAN AND ORS.

2005 INSC 157Appeal(s) allowed

The Tamil Nadu Motor Vehicles Taxation Act, 1974 was amended in 1998 to introduce a one‑time "life‑time tax" for vehicles registered on or after 1 July 1998, calculated on a "weight‑cum‑value" index. The tax was challenged as unconstitutional, discriminatory, and beyond the State's power under Entry …

MOHAN DAS N. HEGDE (DEAD) THROUGH LRS.versusSTATE OF KARNATAKA AND ANR.

2005 INSC 158Dismissed

The appellant, the legal representative of the deceased Mohan Das N. Hegde, challenged the Karnataka Motor Vehicle Taxation (Amendment) Act, 1997 which imposed a "life time tax" on vehicles based on their market value, classifying those costing Rs. 6 lakhs or more as a separate class. The appellant …

M/S. NOBLE SYNTHETICS LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

2005 INSC 153Dismissed

Noble Synth Ltd, a small-scale manufacturer of acrylic polymers, initially classified its products under SI No.42 of Notification No.53/88 (40% duty) and later claimed a clerical error to re‑classify them as emulsions under SI No.9 (20% duty). The revised classification was approved, but a …

MEDIQUIP SYSTEMS PVT. LTD.versusPROXIMA MEDICAL SYSTEM G.M.B.H.

2005 INSC 154Appeal(s) allowed

Medi Quip Systems Pvt Ltd filed an appeal against a winding‑up petition filed by Proxima Medical System GmbH under Section 433(e) of the Companies Act, 1956, alleging that the appellant had failed to refund US$5,000 and US$11,000 received as bid security. The appellant contended that the US$11,000 …

MANICKA POOSALI (DEAD) BY LRS. AND ORS.versusANJALI AMMAL AND ANR.

2005 INSC 155Appeal(s) allowed

The case concerned a dispute over certain properties alleged to be part of a joint Hindu family estate. The trial court and first appellate court held that items 22‑26 and 29 were self‑acquired by Mottaya Poosali and that the settlement deed and will in his favour were valid. The Madras High Court, …

GUJARAT AMBUJA CEMENTS LTD. AND ANR.versusUNION OF INDIA AND ANR.

2005 INSC 156Dismissed

The petitioners, customers of goods‑transport operators and clearing‑and‑forwarding agents, challenged the constitutional validity of Sections 116 and 117 of the Finance Act 2000 and Section 158 of the Finance Act 2003 which retrospectively validated service‑tax levies that had been struck down in …

AHMED NOORMOHMED BHATTIversusSTATE OF GUJARAT AND ORS.

2005 INSC 144Dismissed

Ahmed Noormohmed Bhatti challenged the criminal proceedings initiated against him on complaints of private respondents and sought a declaration that Section 151 of the Criminal Procedure Code (CrPC) was unconstitutional. The Gujarat High Court dismissed his petition, holding that the provision was …

MAHENDRA BABURAO MAHADIK AND ORS.versusSUBHASH KRISHNA KANITKAR AND ORS.

2005 INSC 148Dismissed

The Bhiwandi Municipal Council took over a strip of land for road widening and granted the appellants only repair permission for the remaining land (ground + two storeys). The appellants nevertheless erected a six‑storey building. The Council served a notice under Sections 52 and 53 of the …

RAMESH CHAND DAGAversusRAMESHWARI BAI

2005 INSC 149Appeal(s) allowed

The wife obtained a judicial separation decree directing the husband to return ornaments worth Rs. 3,25,655 within one month, with a conditional order that if he failed to do so he would pay the value plus 9% interest per annum. The husband returned the ornaments after a delay but within a …

HARI SHANKAR RASTOGIversusSHRI SHAM MANOHAR AND ORS.

2005 INSC 151Appeal(s) allowed

The respondent filed a second appeal before the Delhi High Court, and the appellant raised cross‑objections in that appeal. The respondent later withdrew the appeal, and the High Court dismissed the cross‑objections, holding that they ceased to exist upon withdrawal of the appeal. The appellant …

STATE OF WEST BENGAL AND ORS.versusPURVI COMMUNICATION PVT. LTD. AND ORS.

2005 INSC 146Appeal(s) allowed

The State of West Bengal imposed an entertainment tax on a multi‑system operator (Purvi Communication Pvt. Ltd.) and its sub‑cable operators under clause (ii) of sub‑section (4a) of Section 4A of the West Bengal Entertainment‑cum‑Amusement Tax Act, 1982 (as amended in 1998). The respondents …

UNION OF INDIAversusTECCO TRICHY ENGINEERS & CONTRACTORS

2005 INSC 147Appeal(s) allowed

The Union of India (Southern Railway) entered into a construction contract with TECCO Trichy Engineers, which later gave rise to arbitration. The arbitral tribunal delivered a copy of its award to the General Manager's office on 12 March 2001, but the Chief Engineer, who signed the contract and …

SECRETARY, A.P. PUBLIC SERVICE COMMISSIONversusB. SWAPNA AND ORS.

2005 INSC 152Appeal(s) allowed

The Andhra Pradesh Public Service Commission advertised for Assistant Public Relations Officer posts in 1995 and prepared a wait list valid for one year. While the original Rule 6 allowed selection from the wait list, it was amended on 30‑July‑1997 to require that fall‑out vacancies be filled in the …

NARMADA BACHAO ANDOLANversusUNION OF INDIA AND ORS.

2005 INSC 142Disposed off

The Supreme Court examined applications by project‑affected families (PAFs) from Madhya Pradesh seeking rehabilitation benefits under the Narmada Water Disputes Tribunal (NWDT) award after the Sardar Sarovar Dam was raised to 110 metres. The petitioners argued that both permanently and temporarily …

STATE OF ORISSA AND ORS.versusLOKNATH RAY AND ORS.

2005 INSC 143Disposed off

The petitioner, a peon appointed as "fourth peon" in an aided secondary school, sought State approval for his appointment, which was denied by the authorities. The High Court held that the denial was unjustified and ordered the appointment to stand. On appeal, the Supreme Court examined the relevant …

STATE OF PUNJABversusMOHINDER SINGH

2005 INSC 139Appeal(s) allowed

M. Singh, appointed as Patwari in 1958, claimed his date of birth was 1 Oct 1934, but an enquiry established it as 25 Nov 1931, leading to his dismissal. He sued to have the service book entry of 1 Oct 1934 upheld, relying on a horoscope. The trial court dismissed the suit; the first appellate court …

M.P. HOUSING BOARDversusANIL KUMAR KHIWANI

2005 INSC 140Appeal(s) allowed

The M.P. Housing Board advertised residential and commercial units, stating an estimated cost of Rs 39 lacs for a showroom. The respondent, Anil Kumar Khiwani, applied and paid the 10 % registration amount based on that advertisement. After detailed project reports, the Board revised the actual cost …

ANDHRA BANKversusOFFICIAL LIQUIDATOR AND ANR.

2005 INSC 137Appeal(s) allowed

Andhra Bank, a secured creditor, appealed against a Calcutta High Court order that directed it to pay Rs 38 lakhs on an ad‑hoc basis to the official liquidator for disbursing workmen’s salaries. The Supreme Court examined whether the High Court had jurisdiction to issue such an order, the priority …

MANAGER, R.B.I., BANGALOREversusS. MANI AND ORS.

2005 INSC 138Appeal(s) allowed

The Reserve Bank of India (RBI) terminated a group of temporary workers known as "Ticca Mazdoors" who had been employed between 1980 and 1982 after alleging they produced forged certificates; they were later acquitted in criminal trials. In 1987‑88 they sought re‑employment, were refused, and raised …

SHANMUGHASUNDARAM AND ORS.versusDIRAVIA NADAR (D) BY LRS. AND ANR.

2005 INSC 133Dismissed

Two brothers, who were co‑owners of inherited land with three sisters, entered into a sale agreement with the appellant and an arbitration agreement to fix the price. The first arbitral award was set aside by the civil court on two grounds: breach of natural justice and the fact that the sisters, …

CHARANJIT LAL MEHRA AND ORS.versusSMT. KAMAL SAROJ MAHAJAN AND ANR.

2005 INSC 134Dismissed

The landlord, Smt. Kamal Saroj Mahajan, leased a showroom to four brothers jointly under a lease deed dated 4 September 1977 for Rs. 2,500 per month, later increased to over Rs. 3,500, causing the Delhi Rent Control Act to cease applying. She served a notice under Section 106 of the Transfer of …

RAJ KUMAR YADAVversusSAMIR KUMAR MAHASETH AND ORS

2005 INSC 130Appeal(s) allowed

An election petition was presented to the designated election judge of the Patna High Court at 4:25 pm on the last day of the 45‑day limitation period, after the judge had retired from open court but was still in chambers. The judge refused to accept the petition, citing High Court Rules that …

VITHALBHAI PVT. LTD.versusUNION OF INDIA

2005 INSC 135Appeal(s) allowed

Vithalbhai Pvt. Ltd., the lessor of a lease that expired on 24 June 1984, served a notice to the lessee demanding vacant possession and filed a suit for eviction on 16 April 1984, twelve weeks before the lease term ended. The defendant argued that the suit was premature and not maintainable. The …

BOLIN CHETIAversusJOGADISH BHUYAN AND ORS.

2005 INSC 136

Bolin Chetia, a losing candidate in the Assam Legislative Assembly election, appealed to the Supreme Court under Section 116A of the Representation of the People Act, 1951 after his election petition was dismissed by the High Court. The Court considered whether a statutory first appeal of right must …

IQBAL SINGH MARWAHversusMEENAKSHI ETC.

2005 INSC 129Dismissed

The appellant filed a probate suit seeking probate of a will, which the respondents alleged was forged and filed a criminal complaint under various IPC sections. The trial court dismissed the complaint invoking the bar under Section 195(1)(b)(ii) of the Code of Criminal Procedure (CrPC). On …

SHEIKH MEHEBOOB @ HETAK AND ORS.versusSTATE OF MAHARASHTRA

2005 INSC 127Appeal(s) allowed

The accused were convicted under IPC sections 302 and 34 for allegedly setting a 20‑year‑old victim on fire. The prosecution’s case rested on the victim’s dying declaration and the testimony of the victim’s father (PW‑2). The Supreme Court found that the father’s written report to police was …

SAVITABEN SOMABHAI BHATIYAversusSTATE OF GUJARAT AND ORS.

2005 INSC 128Disposed off

Savitaben Somabhai Bhatiya claimed maintenance under Section 125 of the CrPC, asserting that she was married to the respondent under customary rites while he already had a living wife. The trial court and High Court had granted her maintenance and that for the child, but the High Court held that she …

RAM DAYAL RAIversusJHARKHAND STATE ELECTRICITY BOARD AND ORS

2005 INSC 125Disposed off

The appellant, a retired foreman of the Jharkhand State Electricity Board, failed to vacate the Board's quarters after retirement and sought extensions from the High Court, which were eventually granted up to 1 November 1999. He finally vacated the premises on 6 January 2000, after which the Board …

K. VENKATACHALA BHAT AND ANR.versusKRISHNA NAYAK (D) BY LRS. AND ORS.

2005 INSC 126Disposed off

The appellants challenged a writ petition that had been disposed of by a single High Court judge on the basis of a purported compromise memo signed only by the respondents. The appellants asserted that they never signed the memo and that the disposal was therefore erroneous. The Division Bench of …

KIRLOSKAR BROTHERS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PUNE.

2005 INSC 122Dismissed

Kirloskar Brothers Ltd filed two price lists for its compressors, one showing a lower price for sales to alleged bulk buyers. The revenue authorities disallowed the lower price, contending that bulk buyers could not be distinguished from other wholesale buyers and that only one price could be …

RAVI KUMARversusSTATE OF PUNJAB

2005 INSC 121Appeal(s) allowed

Ravi Kumar was accused of killing Hans Raj with a dhangu during a quarrel that escalated into a physical fight. The trial court convicted him under Section 302 IPC for murder and the High Court affirmed the conviction. On appeal, the appellant contended that there was unreasonable delay in lodging …

MADHYA PRADESH ELECTRICITY BOARDversusJAGDISH CHANDRA SHARMA

2005 INSC 120Case Partly allowed

The employee, a muster‑roll labourer, assaulted his superior officer with a tension screw, causing a broken nose, and then remained absent without permission for three weeks. A domestic enquiry proved the misconduct and the employer dismissed him. The Labour Court set aside the dismissal as …

REKHA MUKHERJEEversusASHIS KUMAR DAS AND ORS.

2005 INSC 115Appeal(s) allowed

Rekha Mukherjee, the owner of a property, filed a title suit for eviction against Ashis Kumar Das and others. The respondents filed a suit for specific performance of three sale agreements, which the appellant later cancelled; the trial court dismissed the specific‑performance suit. The respondents …

COAL INDIA LTD. AND ORS.versusIMENK SOU AND ORS.

2005 INSC 114Disposed off

The Supreme Court entertained several Special Leave Petitions arising from a writ petition before the Gauhati High Court, wherein the High Court had directed the Secretary, Ministry of Coal and senior officers of Coal India Ltd. to appear personally and produce original documents. The Union of …

RAMESH AND ORS.versusSTATE OF TAMIL NADU

2005 INSC 116Disposed off

The wife filed a complaint in Trichy alleging offences under Sections 498‑A, 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act against her husband, his relatives and the husband’s sister, Gowri Ramaswamy. The accused filed petitions under Section 482 CrPC seeking quashment on grounds of …

SUSHANTA TAGORE AND ORS.versusUNION OF INDIA AND ORS.

2005 INSC 117Disposed off

The petitioners, residents of Santiniketan, filed a public interest litigation seeking to restrain the construction of residential and commercial complexes, especially on the ecologically sensitive 'Khoai' area, alleging violation of the Visva‑Bharati Act, 1951 and directions of the West Bengal …

KARNATAKA STATE ROAD TRANSPORT CORPORATION AND ANR.versusS.G. KOTTURAPPA AND ANR.

2005 INSC 118Appeal(s) allowed

The Karnataka State Road Transport Corporation (KSRTC) appointed the respondents as Badli conductors, a day‑to‑day temporary position governed by the KSRTC Cadre and Recruitment Regulations, 1982. After repeated misconduct, the corporation terminated their services, removed them from the select list …

V. SUBRAMANI AND ANR.versusSTATE OF TAMIL NADU

2005 INSC 119Disposed off

The Supreme Court examined the appeal of Subramani and another against their conviction for murder under Section 302 IPC. The appellants claimed they acted in private defence while protecting themselves and their property during a violent altercation that resulted in the death of Vadivel. The Court …

THE TATA IRON AND STEEL CO. LTD., BIHARversusTHE COLLECTOR OF CENTRAL EXCISE, PATNA

2005 INSC 113Disposed off

Tata Iron and Steel Co. Ltd. manufactured parts of locomotive wagons and rolling stock at its Growth Shop in Adityapur and transferred them to its main plant in Jamshedpur for repair and maintenance of transport equipment used within the factory. The assessee claimed exemption under Notification No. …

COMMISSIONER OF CENTRAL EXCISE, NAGPURversusM/S. SIMPLEX MILLS CO. LTD.

2005 INSC 111Dismissed

The Commissioner of Central Excise appealed against the classification of grey cotton canvas cloth, belting and duck manufactured by Simplex Mills Co. Ltd. The issue was whether these goods should be taxed under tariff headings 52.02/54.08 (non‑made‑up goods) or under heading 59.09/59.11 (made‑up …

HARBANS KAUR AND ANR.versusSTATE OF HARYANA

2005 INSC 112Disposed off

Harbans Kaur and Mitta Singh assaulted Sham Singh, inflicting grievous injuries that later caused his death. The victim’s father Piara Singh and wife Sito, who were relatives of the accused, testified as eyewitnesses; the FIR was lodged after a short delay. The trial court convicted the appellants …

HARYANA STATE COOP. LAND DEVELOPMENT BANKversusNEELAM

2005 INSC 109Appeal(s) allowed

Neelam was appointed on an ad‑hoc basis as a typist with Haryana State Cooperative Land Development Bank from January 1985 until May 1986, after which she joined the Haryana Urban Development Authority. Following a successful industrial dispute by similarly situated employees, she filed a writ …

SECRETARY TO THE GOVT. AND ANR.versusM. SENTHIL KUMAR

2005 INSC 110Appeal(s) allowed

The Tamil Nadu Service Recruitment Board reserved 10% of police constable posts for the children/wards of serving, retired, deceased or medically invalidated police personnel and ministerial staff. M. Senthil Kumar applied for a post but was rejected on the grounds of unsatisfactory performance, and …

M/S. CASTROL INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, CALCUTTA-I

2005 INSC 108Appeal(s) allowed

Castrol India Ltd manufactured a blended lubricating oil called ‘Super TT’ with a flash point below 94°C and classified it under tariff heading 2710.99, claiming exemption under Notification 120/84‑CE which exempts blended or compounded lubricating oils. The Central Excise Department argued that the …

FOOD CORPORATION OF INDIA AND ORS.versusBHANU LODH AND ORS.

2005 INSC 104Case Allowed

The Food Corporation of India (FCI) issued advertisements for direct recruitment to Joint Manager and Deputy Manager posts. The Central Government, invoking Section 6(2) of the Food Corporation Act, 1964, issued directives prohibiting creation of new posts, filling vacancies by fresh recruitment and …

MANGU KHAN AND ORS.versusSTATE OF RAJASTHAN

2005 INSC 105Dismissed

The appellants Mangu Khan, Sirdar Khan and Subedar Khan attacked an informant, his father and brother over a dispute concerning a bund, using lathis, farsi and tanchia. The father and brother were killed on the spot while the informant sustained injuries. The trial court convicted all five accused …

M/S. PAHWA CHEMICALS PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI

2005 INSC 101Dismissed

Mis. Pahwa Chemicals Pvt. Ltd. manufactured textile printing adhesives and claimed exemption under Notification No. 1/1993 (as amended) and Notification No. 16/1997. The Commissioner of Central Excise issued show‑cause notices alleging that the company used a foreign logo, suppressing facts and …

M/S. HINDUSTAN ZINC LTD.versusCOMMISSIONER OF CENTRAL EXCISE, JAIPUR

2005 INSC 102Appeal(s) allowed

The Supreme Court examined whether silver chloride, an intermediate product generated during Hindustan Zinc Ltd.'s zinc manufacturing process, is liable to excise duty. The Court reiterated that excise duty applies only when an item is both manufactured and commercially marketable. While the …

M/S. HINDUSTAN ZINC LTD.versusCOMMISSIONER OF CENTRAL EXCISE, JAIPUR

2005 INSC 103Disposed off

Hindustan Zinc Ltd produced silver chloride, which the Central Excise and Salt Act, 1944 declared as excisable goods. The assessee claimed exemption under Notification No. 217/86-CE dated 2 April 1986. The central issue was whether the exemption could be availed when the department failed to prove …

STATE OF J & K AND ORS.versusSANJEEV KUMAR AND ORS.

2005 INSC 106Disposed off

The State of Jammu & Kashmir advertised for two lecturer posts in its Medical Education Department. Four departmental employees had earlier been given ad‑hoc promotions, pending approval by the State Public Service Commission (PSC), which was granted shortly after the advertisement. The PSC prepared …

STATE OF PUNJABversusBALWANT RAI

2005 INSC 107Appeal(s) allowed

The State of Punjab charged Balwant Rai under Section 15 of the NDPS Act for possessing 15 bags of poppy husk. Police, acting on secret information, found the accused sitting on the bags and searched the bags, discovering poppy husk, while a personal search of the accused yielded only Rs.200. The …

GOVT. OF A.P. AND ANR.versusJ.B. EDUCATIONAL SOCIETY AND ANR. ETC.

2005 INSC 99Appeal(s) allowed

Private educational societies sought to establish engineering colleges in Andhra Pradesh. They obtained approval from the All India Council for Technical Education (AICTE) but were denied permission under Section 20 of the Andhra Pradesh Education Act, 1982 because the State deemed the local area …

SIDHESHWAR SAHAKARI SAKHAR KARKHANA LTD.versusUNION OF INDIA AND ORS.

2005 INSC 96

Sidheshwar Sahakari Sakhar Karkhana Ltd., a cooperative sugar manufacturer, claimed a rebate under Notification No. 132/82 for excess sugar production in May‑September 1982, calculating average production over three years (including two years of nil output) as 11,009.67 quintals. The revenue …

COMMISSIONER OF CENTRAL EXCISEversusM/S. RATAN MELTING AND WIRE INDUSTRIES, CALCUTTA

2005 INSC 97Matter referred to larger bench

The Supreme Court considered the dispute between the Commissioner of Central Excise and Mis. Ratan Mel Ting & Wire Industries concerning the effect of Central Board of Excise and Customs circulars that interpreted a statutory provision differently from a Constitution Bench judgment in Collector of …

SHENYANG MASTSUSHIT S. BATTERY CO. LTD.versusM/S. EXIDE INDUSTRIES LTD. AND ORS.

2005 INSC 98Appeal(s) allowed

The appellant, a Chinese manufacturer of lead‑acid batteries, challenged the imposition of anti‑dumping duty by the Designated Authority (DA) after the Customs, Excise and Gold (Control) Appellate Tribunal set aside the DA’s finding that the company operated on market‑economy principles. The …

BANK OF PATIALAversusPHOOLPATI

2005 INSC 100Appeal(s) allowed

Hari Ram, an employee of State Bank of Patiala, submitted a resignation on 7 January 2002 to be effective from 1 March 2002. He attempted to withdraw the resignation on 4 February 2002, citing illness, but the bank asked for medical proof and warned that failure to provide it would result in his …

TRIVENI GLASS LTD., ALLAHABADversusUNION OF INDIA AND ORS.

2005 INSC 89Appeal(s) allowed

Triveni Glass Ltd., a manufacturer of sheet glass, challenged the inclusion of the cost of wooden crates used for packing its glass sheets in the assessable value under the Central Excises and Salt Act, 1944. The Assistant Collector had included the packing cost, whereas the Collector (Appeals) had …

M/S. W.P.I.L. LTD., GHAZIABADversusCOMMISSIONER OF CENTRAL EXCISE, MEERUT, U.P.

2005 INSC 91Appeal(s) allowed

Mis. W.P.1.L. Ltd., a manufacturer of power driven pumps, challenged demand notices for excise duty on parts of pumps used in its own factory between 1 March and 21 April 1994. The appellant argued that such parts had been exempt from duty since 1978 and that the omission of this exemption in the …

M/S. S & S. ENTERPRISEversusDESIGNATED AUTHORITY AND ORS.

2005 INSC 92Appeal(s) allowed

The appellant imported lead‑acid batteries from Bangladesh and the Designated Authority found that the quantity of these imports was less than 3% of total imports of like batteries, which under Rule 14(d) should have led to immediate termination of the anti‑dumping investigation. The Authority …

COMMISSIONER OF INCOME TAX, JALPAIGURIversusOM PRAKASH MITTAL

2005 INSC 93Disposed off

The Commissioner of Income Tax appealed against an order of the Income Tax Settlement Commission that had treated a loan claimed by O.P. Mittal as an advance and refused to declare the settlement void. The revenue argued that the settlement was obtained by fraud and misrepresentation and that the …

D.C.L. POLYSTER LTD., NAGPURversusCOLLECTOR OF CENTRAL EXCISE AND CUSTOMS

2005 INSC 94Dismissed

D.C.L. Polyester Ltd., a manufacturer of polyester chips, claimed that chips spilled during bagging were "sweeping wastes" and should be classified under heading 39.15 of the Central Excise Tariff Act, 1985, attracting nil duty. The Revenue argued that the chips were primary forms of plastic under …

KANCHUSTHABAM SATYANARAYANA AND ORS.versusNAMUDURI ATCHUTARAMAYYA AND ORS.

2005 INSC 95Dismissed

The appellant, a lessor, leased land to the respondent, a tenant, and later filed an eviction petition under the Andhra Pradesh Tenancy Act, 1956, which was initially allowed, giving him possession. The tenant appealed and the Sub‑Collector set aside the eviction, ordered restitution and remanded …

ADRI DHARAN DASversusSTATE OF WEST BENGAL

2005 INSC 87Disposed off

The appellant, A.D. Das, was charged under Sections 406, 467, 468, 471 and 420 IPC and applied to the Calcutta High Court for anticipatory bail under Section 438 of the CrPC, claiming a conspiracy against him. The High Court rejected the application, and the appellant appealed to the Supreme Court. …

INDIA LITERACY BOARD AND ORS.versusVEENA CHATURVEDI AND ORS.

2005 INSC 88Disposed off

The India Literacy Board, a society registered under the Societies Registration Act, appointed the respondents as teachers on a fixed‑term contractual basis for periods ranging from eight to thirteen years. After the contracts expired, the Board advertised fresh recruitment, but the respondents …

COMMISSIONER OF CENTRAL EXCISE, PUNEversusABHI CHEMICAL & PHARMACEUTICALS PVT. LTD.

2005 INSC 86Dismissed

The Supreme Court examined a dispute between the Central Excise Department and Abhi Chemical & Pharmaceuticals over the correct classification of the product Recovit, a premix containing vitamins, minerals, anti‑oxidants, solvents and stabilisers used exclusively as animal feed. The Revenue argued …

M. AHAMMEDKUTTY HAJIversusTAHSILDAR, KOZHIKODE KERALA AND ORS.

2005 INSC 84Dismissed

The appellant, M. Ahamedkuty Haji, constructed a shopping complex in 1987 and was assessed building tax by the assessing authority under Section 6(3) of the Kerala Building Tax Act, 1975 on 15‑Feb‑1988. After the local authority later fixed the capital value, the assessing authority invoked Section …

HARYANA SEEDS DEVELOPMENT CORPN. LTD.versusSADHU AND ANR.

2005 INSC 85Appeal(s) allowed

The farmers, including Sadhu Singh, purchased wheat seeds from Haryana Seeds Development Corporation and a cooperative credit society and alleged poor germination, filing a complaint under the Consumer Protection Act, 1986. The District Consumer Forum, State Commission, and National Commission all …

COMMISSIONER OF CENTRAL EXCISE, ALLAHABADversusM/S. GINNI FILAMENTS LTD.

2005 INSC 80Appeal(s) allowed

The Commissioner of Central Excise appealed against the exemption claimed by M/s Ginni Filaments Ltd., a 100% Export Oriented Unit manufacturing filament yarn, for items such as air‑conditioner sheets, tables and chairs. The assessee had obtained a CT‑3 certificate under Notification No. 123/81‑CE …

STATE OF ANDHRA PRADESHversusM/S. KONE ELEVATORS (INDIA) LTD.

2005 INSC 81Appeal(s) allowed

The State of Andhra Pradesh challenged the claim by Mis Kone Elevators (India) Ltd. that its contracts for supplying, installing and commissioning lifts were works‑contracts, allowing deductions of labour charges under Section 5G of the Andhra Pradesh General Sales Tax Act, 1957. The assessee argued …

COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, AURANGABADversusM/S. CEAT LTD., NASIK

2005 INSC 82Dismissed

The Commissioner of Central Excise and Customs appealed against the classification of rubberised tyre cord fabric manufactured by Mis. CEA T Ltd., arguing that it should be taxed under tariff heading 59.02 rather than 59.06. The appellate court examined the provisions of the Central Excise Act, 1944 …

COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, AURANGABADversusM/S. CEAT LTD., MUMBAI

2005 INSC 83Appeal(s) allowed

The Central Excise Department appealed against M/s. CEAT Ltd. challenging the classification of dipped tyre cord fabric for excise duty. The Tribunal and the Commissioner had classified the fabric under specific tariff headings, but the Supreme Court examined whether it should fall under Tariff …

SURESHversusMAHADEVAPPA SHIVAPPA DANANNAVA AND ANR.

2005 INSC 79Appeal(s) allowed

The appellant was accused of cheating under Section 420 IPC for allegedly failing to honour a 1988 agreement to sell a house and retain an advance payment. The complainant sent a legal notice in 1996, which the appellant denied, and only filed a private complaint under Section 200 CrPC in 1999, more …

MANAGEMENT OF M/S. SONEPAT COOPERATIVE SUGAR MILLS LTD.versusAJIT SINGH

2005 INSC 77Appeal(s) allowed

The appellant, Management of M/s. Sonepat Co‑operative Sugar Mills Ltd., terminated the services of Ajit Singh, who was employed as a Legal Assistant. Singh claimed that he was a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour …

COMMISSIONER OF CUSTOMS, MUMBAIversusM/S. BUREAU VERITAS AND ORS.

2005 INSC 76Dismissed

The assignee imported an oil drilling rig and declared its CIF value for customs clearance. The Customs Commissioner rejected the declared price, deeming it under‑declared, and levied duty, penalty and confiscation, arguing that the buyer and seller were related parties and the price was therefore …

M/S. OSWAL AGRO FURANE LTD. AND ANR.versusOSWAL AGRO FURANE WORKERS UNION AND ORS.

2005 INSC 78Dismissed

The Supreme Court examined whether an employer could close an industrial undertaking and retrench workmen without obtaining prior permission from the appropriate Government, and whether a settlement reached between the parties could override the statutory requirements of Sections 25‑N and 25‑0 of …

S. PUSHPA AND ORS.versusSIVACHANMUGAVELU AND ORS.

2005 INSC 71Appeal(s) allowed

The case concerned the selection of migrant Scheduled Caste (SC) candidates for posts reserved for SCs in the Union Territory of Pondicherry. The Central Administrative Tribunal (CAT) had declared the selection illegal, holding that only SCs listed in the 1964 Presidential Order for Pondicherry were …

PROF. YASHPAL AND ANR.versusSTATE OF CHHATTISGARH AND ORS.

2005 INSC 72Dismissed

Prof. Yashpal and other petitioners filed writ petitions under Article 32 challenging the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Act, 2002 and its 2004 amendment, alleging that Sections 5 and 6, which allow the State to create private universities by Gazette notification …

B.P. ACHALA ANANDversusS. APPI REDDY AND ANR.

2005 INSC 73Dismissed

The case concerned an eviction suit filed by a landlord under the Karnataka Rent Control Act against a tenant, H.S. Anand, who had deserted his wife, B.P. Achala Anand, leaving her in the tenanted matrimonial home. The wife sought to be impleaded and to contest the eviction, arguing that she …

BHUNA COOP. SUGAR MILLS LTD.versusCOMMISSIONER OF INCOME TAX, ROHTAK AND ANR.

2005 INSC 74Appeal(s) allowed

Bhuna Co-operative Sugar Mills Ltd. filed income tax returns for AY 1992‑93 and 1993‑94 claiming a loss and seeking deduction of interest payable on loans to creditors. The Assessing Officer disallowed the deduction under Section 43B(d) and levied penal tax under Section 141(1)(A). The Commissioner …

J.H. JADHAVversusM/S. FORBES GOKAK LTD.

2005 INSC 75Appeal(s) allowed

J.H. Jadhav, an employee of Forbes Gokak Ltd., was denied a promotion and raised an industrial dispute, claiming that the Gokak Mills Staff Union had espoused his cause. The Industrial Tribunal, after examining oral and documentary evidence, held that the dispute was industrial because the Union, …

SECY. DEPTT. OF HOME A.P. AND ORS.versusB. CHINNAM NAIDU

2005 INSC 69Dismissed

B. C. Naidu was selected as a Stipendiary Cadet Trainee Police Constable but was barred from training because the authorities said he had been arrested under the IPC and the Andhra Pradesh Public Examination Prevention of Malpractice and Unfair Means Act, 1997, which he had not disclosed in the …

DHAMPUR SUGAR MILLS LTD.versusBHOLA SINGH

2005 INSC 67Appeal(s) allowed

Bhola Singh was engaged as a trainee/apprentice under a state‑sponsored training scheme in the cane department of Dhampur Sugar Mills Ltd. After 45 trainees were interviewed, only 11 were regularised; Singh was not qualified and continued as a trainee until the scheme ended on 16 November 1987, when …

STATE OF U.P.versusSATISH

2005 INSC 68Appeal(s) allowed

The State of Uttar Pradesh prosecuted Satish for the rape and murder of a six‑year‑old girl, relying on circumstantial evidence that the accused was last seen carrying the victim on a bicycle and on the recovery of both parties' undergarments. The trial court convicted Satish under sections 302, …

STATE OF HARYANAversusRAM PAL AND ORS.

2005 INSC 66Case Partly allowed

The State of Haryana sought leave to appeal under Section 378(3) of the CrPC against the acquittal of several accused in a case involving offences under Sections 148, 302, 452, 506, 323 and 149 of the IPC. The trial court had convicted some accused but acquitted others, holding that Section 149 IPC …

COLLECTOR OF CENTRAL EXCISE, PUNEversusM/S. BAJAJ TEMPO LTD.

2005 INSC 65Appeal(s) allowed

The Central Excise Department issued a show‑cause notice to Mis Bajaj Tempo Ltd demanding duty on advertisement expenses that the manufacturer initially incurred and later recovered from its dealers, invoking the extended period of limitation under Section 1IA(b) of the Central Excise Act, 1944. The …

M/S. O.K. PLAY (INDIA) LTD.versusCOMMISSIONER OF CENTRAL EXCISE-II, NEW DELHI

2005 INSC 63Disposed off

OK Play India Ltd., a manufacturer of plastic water tanks and toys, pulverised LDPE and HDPE granules into moulding powder. The Central Excise Department issued show‑cause notices demanding duty for two periods, alleging that the conversion was a "manufacture" and that the powder was an excisable …

GOVINDARAJUversusMARIAMMAN

2005 INSC 64Appeal(s) allowed

The dispute concerned the title to a property claimed by Govindaraju, who purchased it from descendants of Muthuswamy Moopanar, and by Mariamman, who purchased it from descendants of Veeramuthu Moopanar. The trial court and the first appellate court dismissed Mariamman's suit for declaration of …

M/S. O.K. PLAY (INDIA) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI-III, GURGAON

2005 INSC 61Dismissed

O.K. Play (India) Ltd., a toy manufacturer, classified activity desks, chairs, play tables, swings, slides, fun fliers, rockers and a play pool as "toys" under Central Excise Tariff Heading 95.03 and cleared them without duty. The Central Excise Department, after approving the classification list, …

PRATAP SINGHversusSTATE OF JHARKHAND AND ANR.

2005 INSC 58Disposed off

The appellant Pratap Singh was charged with offences allegedly committed on 31‑12‑1998 and was produced before the Juvenile Court in 2000. The key issues were whether the age of a juvenile offender should be reckoned as of the date of the offence or the date of production before the court, and …

NAGESH DATTA SHETTI AND ORS.versusTHE STATE OF KARNATAKA AND ORS.

2005 INSC 60Disposed off

The appellants challenged a direction of a Single Judge of the Karnataka High Court who, while remanding a land dispute to the Ankola Taluk Land Tribunal, ordered that occupancy rights be granted to the respondents. No stay was sought, and the Tribunal proceeded to grant the occupancy rights as …

M/S. ZEE TELE FILMS LTD. AND ANR.versusUNION OF INDIA AND ORS.

2005 INSC 59Dismissed

The petitioners challenged the Board of Control for Cricket in India (BCCI) under Article 32, alleging that its cancellation of a television rights tender violated their fundamental rights and that the Board should be treated as a "State" within the meaning of Article 12, making it subject to …

KAMESH PANJIYAR @ KAMLESH PANJIYARversusSTATE OF BIHAR

2005 INSC 57Dismissed

The appellant Kamesh Panjiyar was convicted under Section 304‑B IPC for the dowry death of his wife, Jaikali Devi, and sentenced to ten years' rigorous imprisonment, later reduced to seven years by the High Court. He appealed to the Supreme Court, contending that there was no live link between the …

IDRISH BHAI DAUDBHAIversusSTATE OF GUJARAT

2005 INSC 56Appeal(s) allowed

Idrish Daudbhai (appellant) was convicted under IPC sections 302 and 34 for allegedly sharing a common intention with three co‑accused to murder Siddique Ahmed Patel and to cause hurt to Yusuf Adam Patel. The prosecution's case rested on the testimony of three eye‑witnesses and the FIR, alleging …

COMMISSIONER OF INCOME TAX, MUMBAIversusD.P. SANDU BROS. CHEMBUR (P) LTD.

2005 INSC 55Dismissed

The respondent, D.P. Sandhu Bros. Chembur (P) Ltd., entered into a 50‑year lease in 1959 and prematurely surrendered its tenancy rights in March 1986, receiving Rs 35 lakhs. The Assessing Officer treated the receipt as income from other sources under Sec. 10(3) read with Sec. 56, while the …

SOBHA HYMAVATHI DEVIversusSETTI GANGADHARA SWAMY AND ORS.

2005 INSC 51Dismissed

The Supreme Court upheld the Andhra Pradesh High Court's decision that Sobha Hyma Vathi Devi, elected from a Scheduled Tribe (ST) reserved assembly constituency, was ineligible because she belonged to the forward Patnaik Sistu Karnam caste, not the Bhagatha ST community. The Court affirmed that the …

SRIDEVI AND ORS.versusJAYRAJA SHETTY AND ORS.

2005 INSC 54Dismissed

The Supreme Court examined an appeal by the daughters and a granddaughter of Padmayya Kambali challenging a will dated 28‑03‑1976 that bequeathed certain properties to the testator's two sons. The appellants argued that the will was not duly executed, citing the testator's advanced age, his death …

M. JANARDHANA RAOversusJOINT COMMISSIONER OF INCOME TAX

2005 INSC 52Disposed off

The appellants, former partners of a dissolved firm, challenged the taxability of proceeds from the sale of the firm's assets, arguing that the transaction did not constitute a slump sale and that no capital‑gain tax could be levied before the 1999 amendment. They filed appeals under Section 260A of …

M/S. MARUTI UDYOG LTD.versusRAM LAL AND ORS.

2005 INSC 50Appeal(s) allowed

The respondents were workmen of Maruti Ltd whose employment ended in 1977 due to the closure of the factory. After the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 transferred the company's assets to the Central Government and then to the appellant company, the workmen claimed …

COMMISSIONER OF CENTRAL EXCISE, GOA AND CHENNAIversusM.R.F. LTD., CHENNAI

2005 INSC 48Disposed off

M.R.F. Ltd. manufactures tyres and uses grey tyre‑cord fabric that is dipped in a latex solution before being incorporated into tyres. The Commissioner of Central Excise issued show‑cause notices alleging that the dipped tyre‑cord fabric was a separate excisable product falling under Central Excise …

STATE OF MADHYA PRADESHversusMUNNA CHOUBEY AND ANR.

2005 INSC 47Appeal(s) allowed

The State of Madhya Pradesh convicted Munna Choubey and others of rape under Section 376(1) IPC and sentenced them to seven years rigorous imprisonment, with an additional five years for offences under Section 450, to run concurrently. On appeal, the Madhya Pradesh High Court reduced the sentence to …

SANGRAMSINH P. GAEKWAD AND ORS.versusSHANTADEVI P. GAEKWAD (I) THR. LRS. AND ORS.

2005 INSC 45Case Partly allowed

The Supreme Court examined a family‑run private company where the board had broadened capital by issuing 15,000 new equity shares, allocating 6,475 to the appellants and reserving 8,000 for the late chairman. The petitioner, a class‑I heir, claimed entitlement to the 8,000 shares and alleged …

STATE OF M.P. THROUGH C.B.I. ETC.versusPALTAN MALLAH AND ORS. ETC.

2005 INSC 46Dismissed

The State of Madhya Pradesh, represented by the CBI, appealed against the High Court's acquittal of nine accused, including Paltan Mallah, for the murder of trade‑union leader Shankar Guha Niyogi. The trial court had convicted them under Section 302 read with Section 120B IPC based on circumstantial …

GODFREY PHILLIPS INDIA LTD. AND ANR.versusSTATE OF U.P. AND ORS.

2005 INSC 44

The Supreme Court examined the constitutional validity of luxury‑tax statutes enacted by Uttar Pradesh (1995), Andhra Pradesh (1987) and West Bengal (1994) which imposed tax on the supply of tobacco and other goods described as "luxuries". The central issue was whether Entry 62 of List II of the …

R & M TRUSTversusKORAMANGALA RESIDENTS VIGILANCE GROUP AND ORS.

2005 INSC 42Appeal(s) allowed

The appellants, builders of multi‑storeyed apartments in Koramangala, Bangalore, obtained licences from the City Municipal Corporation to construct up to three floors. A residents' association filed a public‑interest petition seeking cancellation of the licences and demolition of the building, …

SUNIL KUMAR AND ANR.versusSTATE OF RAJASTHAN

2005 INSC 43Dismissed

The case involved eight accused who arrived together in a jeep, surrounded the deceased and assaulted him – one accused (R) delivering fatal knife blows while the others used hockey sticks, iron rods and pipes. R was convicted under Section 302 IPC and the remaining seven under Section 302 read with …

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ANR.

2005 INSC 35Matter referred to larger bench

A vacancy arose in the National Human Rights Commission (NHRC) and a retired Director of the CBI, a former police officer, was appointed as a member under Section 3(2)(d) of the Protection of Human Rights Act, 1993. The petition challenged his eligibility, arguing that police officers are …

RAHUL AGARWALversusRAKESH JAIN AND ANR.

2005 INSC 36Disposed off

The appellant, Rahul Agarwal, filed a criminal complaint against Rakesh Jain arising from a land dispute, alleging offences under IPC sections 341, 294 and 506(2) read with 34. After the trial was posted for examination of the accused, the Assistant Public Prosecutor applied for withdrawal of the …

KAILASH VERMAversusPUNJAB STATE CIVIL SUPPLIES CORPORATION AND ANR.

2005 INSC 37Appeal(s) allowed

Kailash Verma, a partner in a rice mill, was charged under IPC sections 406 and 428 for alleged non‑delivery of paddy to the Punjab State Civil Supplies Corporation. He obtained discharge from the Chief Judicial Magistrate on the ground that he was a sleeping partner. The corporation challenged the …

M/S. LARSEN & TOUBRO LTD.versusUNION OF INDIA AND ORS.

2005 INSC 38Dismissed

Larsen & Toubro Ltd. (L&T) operated a unit in the Kandla Free Trade Zone (FTZ) and exported two steel bridges to Malaysia in 1986. It procured steel from domestic sources at domestic prices and claimed reimbursement of the price differential under the International Price Reimbursement Scheme (IPRS). …

BHARAT FORGE CO. LTD.versusUTTAM MANOHAR NAKATE

2005 INSC 39Appeal(s) allowed

Uttam Manohar Nakate, a helper employed by Bharat Forge Co. Ltd., was found sleeping on duty and admitted the misconduct. A domestic enquiry under Standing Order 24(1) of the Industrial Employment (Standing Orders) Act, 1946 found him guilty and dismissed him, noting three prior misconducts with …

JAGJIT SINGH @ JAGGAversusSTATE OF PUNJAB

2005 INSC 40Appeal(s) allowed

Jagjit Singh (Jagga) was convicted of murder of three persons and alleged rape based primarily on the testimony of a seven‑year‑old child witness, Billo (PW‑6). The child’s statements were recorded three and six days after the incident, after being allegedly prompted by her father, and she never …

STATE OF PUNJAB AND ORS.versusMOHINDERJIT KAUR

2005 INSC 41Appeal(s) allowed

The State of Punjab appealed against a Punjab and Haryana High Court order that dismissed a writ petition filed by Mohinderjit Kaur, who sought family pension from the date of her husband's death. The High Court had relied on the decision in State of Punjab v. Phulan Rani, a case disposed of by a …

PANCHANAN MISHRAversusDIGAMBAR MISHRA AND ORS.

2005 INSC 34Appeal(s) allowed

The respondents, convicted of murdering the complainant’s two sons and attempting to murder other family members, were released on bail by the High Court of Patna through non‑speaking orders that failed to consider the seriousness of the offences, the risk of evidence tampering and witness …

KAPILA HINGORANIversusSTATE OF BIHAR

2005 INSC 31

The petitioners, employees of various public sector undertakings in Bihar, sought enforcement of their fundamental right to life under Article 21 after prolonged non-payment of salaries, which had resulted in several deaths. The Supreme Court examined whether the States of Bihar and Jharkhand, as …

SURENDER KUMARversusUNION OF INDIA AND ORS.

2005 INSC 32Dismissed

The appellants, Drivers Grade‑C of Central Railways, were promoted to Loco Supervisors before 1 January 1986. After the Fourth Pay Commission’s recommendations took effect on that date, Drivers Grade‑A promoted thereafter received a higher running allowance, leaving the earlier promoters with lower …

UMESH KAMATversusSTATE OF BIHAR

2005 INSC 33Appeal(s) allowed

Umesh Kamat was convicted under Section 396 IPC for a night dacoity in which an inmate was killed. The conviction rested solely on the testimony of three eyewitnesses (PW1, PW3, PW4) who identified him in a test identification parade held seven weeks after the incident, despite the dacoits wearing …

MRIDUL DHAR (MINOR) AND ANR.versusUNION OF INDIA AND ORS.

2005 INSC 28

The petitioners, two minor students, feared loss of seats in the 15% All India Quota (AIQ) for MBBS/BDS courses because several states failed to adhere to the prescribed admission time‑schedule, causing vacancies to revert to state quotas. The Supreme Court examined whether the AIQ must be …