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Judgments of 2005

629 judgments · newest first · showing 601–629

PRAKASH KUMAR @ PRAKASH BHUTTOversusSTATE OF GUJARAT

2005 INSC 27Reference answered

The Supreme Court examined whether a confession recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) remains admissible for offences under other statutes when the accused is acquitted of TADA charges but tried together with those offences under Section …

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

2005 INSC 29Disposed off

The landlord filed an eviction petition under Section 12 of the Tripura Buildings (Lease and Rent Control) Act, 1975 alleging non‑payment of rent and a bona‑fide requirement. The Rent Control Court found the tenants in arrears and ordered eviction; the tenants’ appeal under Section 20 was dismissed …

MATHAIversusSTATE OF KERALA

2005 INSC 30Disposed off

The appellant Mathai was convicted by the trial court and the Kerala High Court for voluntarily causing grievous hurt by using a stone, under Section 326 of the Indian Penal Code (IPC). He appealed to the Supreme Court, contending that the injury did not amount to "grievous hurt" and that the stone …

JAMSHED N. GUZDARversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 21

The Supreme Court examined the constitutional validity of the Bombay City Civil Court and Bombay Court of Small Causes (Enhancement of Pecuniary Jurisdiction & Amendment) Act, 1987, the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) Act, …

PU MYLLAI HLYCHHO AND ORS.versusSTATE OF MIZORAM AND ORS.

2005 INSC 22Dismissed

The case concerned the nomination and subsequent termination of four members to the Mara Autonomous District Council (MADC) in Mizoram. The Governor had nominated the members on 8 August 2000 under the Sixth Schedule, terminated them on 5 December 2001, and re‑nominated four members on 6 December …

K. PRABHAKARANversusP. JAYARAJAN

2005 INSC 23Appeal(s) allowed

The Supreme Court examined two election disputes where candidates had been convicted and sentenced to imprisonment of more than two years, raising questions about disqualification under Section 8(3) of the Representation of the People Act, 1951. It held that the relevant dates for determining …

STATE OF BIHAR AND ORS.versusSHREE BAIDYANATH AYURVED BHAWAN (P) LTD. AND ORS.

2005 INSC 24Appeal(s) allowed

The State of Bihar enacted notifications licensing the use, possession and sale of Ayurvedic medicinal preparations containing alcohol, after amending the Bihar Excise Act, 1915 to include such preparations within the definition of "intoxicant". Manufacturers challenged the constitutional validity …

JANAK SINGHversusRAM DAS RAI AND ORS.

2005 INSC 25Dismissed

The appellant, Janak Singh, contested the election of Ram Das Rai to the State Assembly, alleging miscounting of ballot papers, failure to grant a recount under Rule 63 of the Conduct of Election Rules, 1961, and various irregularities in the counting process. The High Court found that the …

KENDRIYA VIDYALAYA SANGTHAN AND ANR.versusS.C. SHARMA

2005 INSC 26Case Partly allowed

The respondent, a Principal in Kendriya Vidyalaya Sangathan, applied for earned leave with permission to go abroad which was rejected, after which he failed to report for duty for an extended period. The employer declared him absconding and terminated his services under Rule 19(ii) of the Central …

JAYENDRA SARASWATHI SWAMIGALversusSTATE OF TAMIL NADU

2005 INSC 17Appeal(s) allowed

The petitioner, Jayendra Saraswati Swamigal, the Shankaracharya of Kanchi Mutt, was arrested on charges of conspiring to murder Sankararaman, an administrative manager. The prosecution alleged that the deceased had lodged complaints against the petitioner and that the petitioner offered Rs 50 lakhs …

BOARD OF CONTROL FOR CRICKET, INDIA AND ANR.versusNETAJI CRICKET CLUB AND ORS.

2005 INSC 18Disposed off

The Board of Control for Cricket in India (BCCI), a society registered under the Tamil Nadu Societies Registration Act, was accused of acting arbitrarily in its election of office‑bearers and in disqualifying a candidate on residence grounds. The High Court admitted a review petition alleging breach …

H.P. STATE ELECTRICITY BOARD AND ORS.versusSHIV K. SHARMA AND ORS.

2005 INSC 19Dismissed

The Himachal Pradesh State Electricity Board purchased land that, according to the sale deed, provided Shiv K. Sharma and others a right of access through a passage. After the State Government acquired the land for a sub‑station, it fenced the passage, blocking the respondents' access. The …

PAPILA BAIversusCHAVDAS T. BHORTAKKE (DEAD) BY LRS. AND ORS.

2005 INSC 20Dismissed

The appellant, daughter of the original landowner, sought redemption of a mortgage executed in 1941. The mortgagee had inducted a tenant, who was entered in revenue records and later received a certificate under s.88C of the Bombay Tenancy and Agricultural Lands Act, 1948. After redemption, the …

MOHD. SHAMIM AND ORS.versusSMT. NAHID BEGUM AND ANR.

2005 INSC 16Appeal(s) allowed

The husband (Mohd. Shamim) and his relatives were accused by his wife, Nahid Begum, of offences under Sections 406, 498A and 34 IPC. During the hearing of an anticipatory bail application, an Additional Sessions Judge facilitated a settlement whereby the appellants paid Rs. 2.25 lakh and agreed to …

COMMISSIONER OF CENTRAL EXCISEversusM/S. ESWARAN AND SONS ENGINEERS LTD.

2005 INSC 8Appeal(s) allowed

Mis. Eswaran and Sons Engineers Ltd manufactured Minimum Oil Circuit Breakers and had been paying excise duty by classifying them under tariff sub‑heading 8535. The Department issued show‑cause notices in 1993‑94 seeking reclassification to sub‑heading 8537 and the Assistant Collector reclassified …

UNION OF INDIA AND ORS.versusM/S. UPPER GANGES SUGAR AND INDUSTRIES LTD.

2005 INSC 9Appeal(s) allowed

The Union of India (Revenue) appealed against a judgment of the Allahabad High Court that had awarded 10% interest to Mis Upper Ganges Sugar & Industries Ltd. on a rebate of Rs.15,07,791 granted for excess sugar production. The Tax Tribunal had allowed the rebate but declined the assessee's prayer …

COLLECTOR OF CENTRAL EXCISEversusM/S. MATADOR FOAM AND ORS.

2005 INSC 10Appeal(s) allowed

The respondents, manufacturers of vulcanised rubber products cut to the shape of vehicle seats, had classified their goods under Tariff Heading 40.08 and claimed exemption under Notification No. 175/1986. The assessing authority re‑classified the goods under Tariff Heading 94.01, demanded …

CHAIRMAN/M.D. MAHANADI COALFIELDS LTD. AND ORS.versusSRI SADASHIB BEHERA AND ORS.

2005 INSC 12Appeal(s) allowed

Sadashib Behera completed a one‑year apprenticeship as a welder with Mahanadi Coalfields Ltd. and later applied for a welder post but was not appointed. He filed a writ petition under Article 226 seeking a mandamus directing the company to appoint him. The Orissa High Court, relying on a claim that …

SATLUJ JAL VIDYUT NIGAM LTD. AND ANR.versusDILA RAM AND ORS.

2005 INSC 13Appeal(s) allowed

The appellant corporation acquired agricultural land jointly held by a family for a hydro‑electric project under Section 4 of the Land Acquisition Act, 1894 and formulated a Resettlement and Rehabilitation Scheme for land‑less families. One brother obtained a land‑less certificate and was granted …

IRIDIUM INDIA TELECOM LTD.versusMOTOROLA INC.

2005 INSC 14Dismissed

Iridium India Telecom Ltd. filed a suit for Rs. 1,000 crore on the Original Side of the Bombay High Court against Motorola Inc. The respondent sought an extension of time to file its written statement, which the High Court granted beyond the 90‑day period prescribed by Order VIII Rule 1 of the CPC. …

ISHWAR SINGHversusSTATE OF RAJASTHAN AND ORS.

2005 INSC 15Dismissed

Ishwar Singh, a manager of Sadul Shahar Kray Vikray Sahakari Samiti, was compulsorily retired under Rule 244(2)(i) of the Rajasthan Service Rules. He challenged the order by filing a revision before the Additional Registrar, who held that the Service Rules did not apply and that retirement required …

STATE OF U.P. AND ANR.versusPAWAN KUMAR TIWARI AND ORS.

2005 INSC 4Dismissed

In Uttar Pradesh, 93 vacancies for Civil Judge (Junior Division) were to be filled with reservations as per the 1993 and 1994 Uttar Pradesh Public Service Acts. The prescribed percentages yielded 46.5 seats for the general category, which the High Court held should be rounded up to 47, and three …

SUNIL KUMAR SINGHversusUNION OF INDIA AND ORS.

2005 INSC 6Disposed off

The appellant, appointed on a contractual basis as an Extra Departmental Delivery Agent/Extra Departmental Mail Carrier in the Post Office, faced a criminal charge of kidnapping, for which he was initially denied bail but later released and allowed to join service. An unsuccessful candidate …

M.K. KOTECHAversusCOMMISSIONER OF CENTRAL EXCISE, AURANGABAD

2005 INSC 5Dismissed

M.K. Kotecha, a manufacturer of RCC pipes and collars, cleared the goods to lift‑irrigation schemes between April 1990 and June 1992, claiming they were captively consumed and filing a price‑list under Part VI(a) stating that comparable prices were not known. In reality, the appellant used a …

ABDUL RAIS AND ORS.versusMADHYA PRADESH WAKF BOARD AND ORS.

2005 INSC 2Disposed off

Abdul Rais and others applied to the Madhya Pradesh State Wakf Tribunal for a declaration that land listed as wakf in the Official Gazette was actually their private property. The Wakf Board opposed, arguing the appellants had no title and that the application was barred by the one‑year limitation …

UNION OF INDIA AND ORS.versusSMT. DRAUPADI BEHARA AND ANR.

2005 INSC 3Disposed off

The widow of a deceased government employee and her son applied for a compassionate appointment under the Department of Posts scheme. The authorities rejected the application after an enquiry found the family living together, despite a certificate from a Member of Parliament stating the employee …

STATE OF ANDHRA PRADESHversusM/S. A.P. PAPER MILLS LTD.

2005 INSC 1Appeal(s) allowed

A.P. Paper Mills Ltd., a paper manufacturer, bought hardwood from unregistered dealers through agents who were paid a lump sum covering the cost of the wood, transportation charges and the agents' commission. The Commercial Tax Officer assessed sales tax on the total amount paid, invoking Section …