Created by Fuzzy Cloud

Judgments of 2006

1027 judgments · newest first · showing 1–200

SADASHIV DADA PATILversusPURSHOTTAM ONKAR PATIL (D) BY LRS.

2006 INSC 1029Dismissed

The appellant, a hereditary watandar, claimed that the tenant's notice to purchase the land under Section 32‑G of the Bombay Tenancy & Agricultural Lands Act, 1948 was invalid because it was not served within one year as required by Section 32‑0, and that the proviso to Section 8 of the Maharashtra …

ACHARAPARAMBATH PRADEEPAN AND ANRversusSTATE OF KERALA

2006 INSC 1020Appeal(s) allowed

The case involved the murder of a school teacher by a group of accused who entered the classroom and assaulted him with iron rods, resulting in 44 injuries. The prosecution relied primarily on child witnesses and two chance witnesses, while the defence challenged the reliability of their testimony, …

U.P STATE INDUSTRIAL DEVELOPMENT CORPORATIONversusRISHABH ISPAT LTD. AND ORS.

2006 INSC 1021Dismissed

The Supreme Court examined appeals by the Uttar Pradesh State Industrial Development Corporation and the claimants concerning land acquired under the Land Acquisition Act, 1894. The Court upheld the Reference Court’s award of Rs.11 per square yard for land abutting the road and Rs.9 per square yard …

M.R.KUDVAversusSTATE OF ANDHRA PRADESH

2006 INSC 1022Dismissed

M.R. Kudva, a bank manager, was convicted in two separate cases for offences under Sections 120B, 420, 468, 471 IPC and Section 5(1) of the Prevention of Corruption Act, receiving 18 months' rigorous imprisonment in one case and two years in the other. Both convictions and sentences were upheld by …

KAMLA DEVIversusKHUSHAL KANWAR AND ANR.

2006 INSC 1023Dismissed

The appeal concerned a special Letters Patent appeal filed before the CPC (Amendment) Act 2002 came into force. The appellant argued that Section 100‑A of the Code of Civil Procedure, which bars further appeals from a single‑judge decision, should apply retrospectively and thus invalidate the …

MOHAMMED KHASIMversusMOHAMMED DASTAGIR AND ORS.

2006 INSC 1024Dismissed

The case concerned the estate of Mohammed Imam Saheb, who executed a Release Deed in 1958 and a Deed of Trust in 1960. After his death, his son Mohammed Dastagir filed a partition suit claiming a share in the properties, while the other heirs argued that the Deed of Trust created a Wakf‑al‑al‑Aulad, …

T.N. GODAVARMAN THLRUMULPADversusUNION OF INDIA & ORS.

2006 INSC 1018Disposed off

The Supreme Court examined whether Kudremukh Iron Ore Company Limited (KIOCL) could continue mining weathered secondary ore beyond the 2005 deadline set by earlier orders, and whether its operations were causing environmental harm. The Court found that KIOCL had used the period for commercial …

YOUARAJ RAIversusCHANDER BAHADUR KARKI

2006 INSC 1019Dismissed

The Supreme Court examined three election petitions filed in the High Court of Sikkim challenging unopposed elections to the Sikkim Legislative Assembly where the returned candidates were declared elected on 26 April 2004. The petitioners argued that the 45‑day limitation under Section 81 of the …

TRIVENI CHEMICALS LTD.versusUNION OF INDIA AND ANR.

2006 INSC 1025Appeal(s) allowed

Triveni Chemicals Ltd., a manufacturer of adhesive, deposited excise duty under protest and later obtained a classification that made the product exempt, prompting it to seek a refund of the duty paid. The initial refund application was rejected, but the appellate authority allowed the refund; …

S.R. BATRA AND ANR.versusSMT. TAR UNA BATRA

2006 INSC 1026Appeal(s) allowed

The Supreme Court considered an appeal by the father‑in‑law and mother‑in‑law (appellants) against a Delhi High Court order that held the second floor of a house owned by the mother‑in‑law to be the matrimonial home of their daughter‑in‑law, Taruna Batra. The wife had earlier lived in the house with …

NIRANJAN UMESHCHANDRA JOSHIversusMRIDULA JYOTI RAO AND ORS.

2006 INSC 1027Dismissed

The deceased Umeshchandra Madhav Joshi executed a Will in a hospital ICU bequeathing his entire residuary estate to his son Dr. Niranjan Umeshchandra Joshi, who also acted as executor. The Will was attested by an advocate and a doctor, both known to the appellant, and was drafted under circumstances …

M.V. KARUNAKARANversusKRISHANAN (DEAD) BY LRS.

2006 INSC 1028Dismissed

Two brothers, Madhavan and Bahuleyan, formed a partnership and were co‑owners of a property. Madhavan died, causing the partnership to dissolve. The legal heirs of Madhavan sold the property to Krishnan (predecessor in interest of the respondents). A third party later obtained a decree against the …

MORGAN SECURITIES AND CREDIT PVT.LTDversusMODI RUBBER LTD.

2006 INSC 1006Dismissed

Morgan Securities advanced an inter‑corporate deposit to Modi Rubber, which defaulted, leading to an arbitral award in favour of Morgan and a winding‑up petition. The High Court restrained Modi Rubber from dealing with its assets, but the company made a reference to the Board for Industrial and …

SHANTI DEVIversusDAROPTI DEVI AND ORS.

2006 INSC 1007Case Partly allowed

The appellant, Shanti Devi, claimed a Will executed by her mother in her favour and sought mutation of the property. Her sister, Daropti Devi, challenged the Will's validity, filing suits for perpetual injunction and declaration, both dismissed by the trial court. The Delhi High Court remitted the …

M/S. A.P. STEEL RE-ROLLING MILL LTD.versusSTATE OF KERALA AND ORS.

2006 INSC 1008Dismissed

The Supreme Court considered appeals by A.P. Steel Re‑Rolling Mill Ltd. against the State of Kerala and the Kerala State Electricity Board. The State had issued a 1992 notification exempting new industrial units from the enhanced power tariff if commercial production began between 1 January 1992 and …

S.A. BUILDERS LTD.versusCOMMISSIONER OF INCOME TAX (APPEALS) CHANDIGARH AND ANR.

2006 INSC 1009Appeal(s) allowed

S.A. Builders Ltd borrowed funds from banks and advanced a portion of those funds interest‑free to its subsidiary, M/s SAB Credits Ltd. The Assessing Officer disallowed the interest paid on the borrowed funds, holding that the advance to the sister concern was not for the assessee’s own business. …

MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusLALNIPUII

2006 INSC 1010Disposed off

The mother of a 31‑year‑old government employee who died in a bus accident filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 12 lakh with 15% interest, using a multiplier based on the deceased's age. The appellant, Maharashtra State …

S.A. BUILDERS LTD.versusCOMMISSIONER OF INCOME TAX (APPEALS) CHANDIGARH AND ANR.

2006 INSC 1011Dismissed

S.A. Builders Ltd., a company engaged in civil construction, claimed a deduction under Section 32AB of the Income Tax Act, 1961. The Income Tax Appellate Tribunal rejected the claim on two grounds: the company was not carrying on any manufacturing activity and the deduction was subject to conditions …

SUPDT. OF POST OFFICES AND ORS.versusR. VALASINA BABU

2006 INSC 1012Appeal(s) allowed

R. Valasina Babu was appointed as a Postal Assistant to a post reserved for Scheduled Castes on the basis of a caste certificate. Later information indicated he did not belong to the Scheduled Caste, prompting disciplinary proceedings. While the inquiry was pending, the Collector cancelled his caste …

P.P. ABDULLA AND ANR.versusTHE COMPETENT AUTHROITY AND ORS.

2006 INSC 1014Appeal(s) allowed

The appellant, convicted under the Customs Act for possessing smuggled gold, was served a notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 alleging that his property was illegally acquired. The authority, after a hearing, ordered …

MURARI THAKUR AND ANR.versusSTATE OF BIHAR

2006 INSC 1015Dismissed

The appellants Murari Thakur and Sudhir Thakur, along with a third accused, were convicted for the murder of a 14‑year‑old boy, Bal Krishna Mishra, on 26 August 1998. The prosecution proved that Murari held the victim's legs, Sudhir sat on his back, and the third accused cut the victim's throat, …

M/S. KACHWALA GEMS, JAIPURversusJOINT COMMISSIONER OF INCOME TAX, JAIPUR

2006 INSC 1016Dismissed

Mis. Kachwala Gems, a dealer in precious stones, was assessed under the Income Tax Act after the Assessing Officer found serious deficiencies in its books of accounts, including lack of stock registers and unverified purchase entries amounting to about Rs. 42 lakh. The AO rejected the books, invoked …

OFFICIAL TRUSTEE OF WEST BENGALversusSTEPHEN COURT LTD.

2006 INSC 1017Dismissed

The Official Trustee of West Bengal, as executor and trustee of a 1919 lease, was asked by Stephen Court Ltd. to apply to the Calcutta High Court for an extension of the lease under Section 302 of the Succession Act, 1925 read with Section 26 of the Official Trustees Act, 1913. The High Court …

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

2006 INSC 1001Hearing Adjourned

The Supreme Court entertained a public‑interest petition filed by the People’s Union for Civil Liberties alleging that the Central and State Governments had failed to implement earlier court directions for universalisation of the Integrated Child Development Scheme (ICDS). The petition highlighted …

PATEL JOITARAM KJALIDAS AND ORS.versusSPL. LAND ACQUISITION OFFICER AND ANR.

2006 INSC 1002Appeal(s) allowed

The petitioners, owners of land acquired under the Land Acquisition Act, 1894, obtained a compensation award from a Reference Court under Section 18 but were denied interest on the additional amount (Section 23(1A)) and solatium (Section 23(2) ) following the then‑law of Prem Nath Kapoor (1996). The …

SUJATA UDAY PATILversusUDAY MADHUKAR PATIL

2006 INSC 1004Disposed off

Suja Uday Patil (wife) appealed against the decree of divorce granted to her husband, Uday Madhukar Patil, on the grounds of cruelty and desertion under the Hindu Marriage Act. The trial court had initially ordered judicial separation, but the District Judge later dissolved the marriage and awarded …

MEERA CHAUHANversusHARSH BISHNOI AND ANR.

2006 INSC 1005Case Partly allowed

The suit property was bequeathed to respondent No.2 by a will, but respondent No.1 filed a suit claiming title based on an oral family settlement and obtained an ex‑parte injunction restraining respondent No.2 from transferring the property. While the injunction was in force, the appellant purchased …

ALOKE NATH DUTTA AND ORS.versusSTATE OF WEST BENGAL

2006 INSC 991Disposed off

The case involved the murder of Biswanath Dutta, allegedly committed by his brother Aloke Nath Dutta to facilitate the sale of family property. Aloke Nath made an extra‑judicial confession admitting to the killing, while co‑accused Mrinal Dutta gave a judicial confession that was later retracted, …

V. VENKATA SUBBARAOversusSTATE REPRESENTED BY INSPECTOR OF POLICE, A.P.

2006 INSC 992Appeal(s) allowed

V. Venkat Subbarao, a surveyor, was accused of accepting a bribe of Rs.2,000 after intervening in a demand of Rs.5,000 made by a Mandal Revenue Officer (MRO) for allowing the removal of casurina trees. The prosecution relied on a pre‑trap operation conducted by the Anti‑Corruption Bureau, but the …

HASHAM ABBAS SAYYADversusUSMAN ABBAS SAYYAD AND ORS.

2006 INSC 993Appeal(s) allowed

The appellant and respondents were brothers involved in a partition suit filed by Respondent No.1. A preliminary decree was passed in 1999, after which a special petition was treated as an application for a final decree. A local commissioner reported the property to be impartible and a sale …

SHREEDHAR GOVIND KAMERKARversusYESAHWANT GOVIND KAMERKAR AND ANR.

2006 INSC 994Dismissed

The brothers Shreedhar Govind Kamerkar (appellant) and Yesahwant Govind Kamerkar (respondent) entered into a partnership in 1971 that was dissolved in 1977. The dispute concerned whether the tenancy rights to a premises in Navalkar Building, used for the Deepak Provision Store and later for Shree …

AJAY GOSWAMIversusUNION OF INDIA AND ORS.

2006 INSC 995Dismissed

Ajay Goswami filed a writ petition under Article 32 seeking court‑issued guidelines for newspapers to prevent minors from being exposed to sexually explicit material, and to set up a committee for regulating such content. The petition argued that existing statutes were inadequate to protect …

DOIWALA SEHKARI SHRAM SAMVIDA SAMITI LTD.versusSTATE OF UTTARANCHAL AND ORS.

2006 INSC 996Disposed off

Doiwala Sehkari Shram Samvida Samiti Ltd., a private mining firm, applied for a ten‑year lease for minor minerals under Rule 9‑A of the U.P. Minor Minerals (Concession) Rules, 1963. After the bifurcation of Uttar Pradesh, the new State of Uttarakhand adopted the rules with modifications and …

COMMISSIONER OF CENTRAL EXCISE, INDOREversusM/S. VIRDI BROTHERS AND ORS.

2006 INSC 997Dismissed

The Commissioner of Central Excise appealed against the CEGAT order that refrigeration, cold storage, central air‑conditioning and caustic soda plants assembled at site are not excisable goods. The appellants contended that assembling duty‑paid components into a new marketable plant creates a new …

BABLU @ MUBARIK HUSSAINversusSTATE OF RAJASTHAN

2006 INSC 998Dismissed

The appellant, Bablu (Mubarik Hussain), was convicted of murdering his wife, three minor daughters and a minor son by strangulation. The trial court relied on an extrajudicial confession, the appellant's presence at the crime scene and the recovery of the wife's earring to uphold a conviction under …

UTTARANCHAL FOREST DEVELOPMENT CORPN. AND ANR.versusJABAR SINGH AND ORS.

2006 INSC 999Disposed off

The Uttaranchal Forest Development Corporation engaged daily‑wage workers for measuring wood and protecting timber. When work ceased, the workers were retrenched under Section 6‑N of the U.P. Industrial Disputes Act. The Labour Court held the retrenchment valid, saying the corporation was not an …

THE DEPUTY DIRECTOR LAND ACQUISITIONversusMALLA ATCHINAIDU AND ORS.

2006 INSC 1000Disposed off

The case concerned the acquisition of 19.87 acres of land in Andhra Pradesh and the award of compensation for the land and palmyrah and cashew trees standing thereon. The Sub‑Judge enhanced the land compensation to Rs 55,000 per acre and increased the per‑tree rates, but retained the original count …

JAGJLT SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 985Dismissed

The Supreme Court examined the disqualification of six independent MLAs and two lone party MLAs by the Haryana Assembly Speaker under the Tenth Schedule's anti‑defection provisions. The petitioners claimed violation of natural‑justice principles, alleged the Speaker acted malafide, and argued that …

RAMNATH INTERNATIONAL CONSTRUCTION PVT. LTD.versusUNION OF INDIA AND ANR.

2006 INSC 987Dismissed

The contractor, Ramnath International Construction, was awarded two government contracts for a hangar and road works, but failed to complete them within the stipulated time. The employer granted several extensions before terminating the contracts, after which the contractor claimed compensation for …

U.P GRAM PANCHAYAT ADHIKARI SANGH AND ORS.versusDAYA RAM SAROJ AND ORS.

2006 INSC 988Disposed off

The Supreme Court examined the status of employees transferred from State departments to Gram Panchayats under the amended U.P. Panchayat Raj Act, 1947. It held that the transfer under Section 25 was a deputation, not a permanent transfer, and that the employees retained a lien with their parent …

JAGDISH MANDALversusSTATE OF ORISSA AND ORS.

2006 INSC 989Appeal(s) allowed

The Water Resources Department of Orissa invited tenders for two stretches of a canal project. The lowest bidder, Narayan Mohanty, furnished an Earnest Money Deposit (EMD) by pledging a postal term‑deposit passbook of Rs 1,70,000, which was later alleged to be forged. The tender committee, relying …

BHIMASHYA AND ORS.versusSMT. JANABI @JANAWWA

2006 INSC 990Dismissed

The plaintiff filed a partition suit claiming a half‑share in the ancestral properties of her father Fakirappa, who died leaving two daughters. The husband of the other daughter (Defendant No.1) contended that he was the adopted son of Fakirappa and that the suit‑house property (item 3 of the …

M/S INDIAN CHARGE CHROME LTD. AND ANR.versusUNION OF INDIA AND ORS.

2006 INSC 986Disposed off

The Supreme Court examined multiple appeals concerning the allocation of chromite mining leases in Orissa. The State Government had recommended, under Section 17A(2) of the Mines and Minerals (Regulation and Development) Act, 1957, that a block of 436.295 hectares be reserved for exploitation by the …

GOKUL BHAGAJI PATILversusSTATE OF MAHARASHTRA AND ANR.

2006 INSC 973Appeal(s) allowed

The appellant, a senior police inspector, was charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly facilitating a counterfeit stamp syndicate by failing to seal the printing press and arrest its kingpin, Telgi. The Special Judge and the High Court denied his bail, …

CHENNA BOYANNA KRISHNA YADAVversusSTATE OF MAHARASHTRA AND ANR.

2006 INSC 974Appeal(s) allowed

Chenna Boyanna Krishna Yadav, a former minister and advocate, was charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly abetting Abdul Karim Telgi's counterfeit stamp syndicate. The High Court rejected his bail applications, relying on a recorded conversation between …

DHARAM AND ORS.versusSTATE OF HARYANA

2006 INSC 975Case Partly allowed

The appellants, Dharam, Raj Singh and Raj Kumar, along with two others, attacked the deceased Partap Singh and his family in the latter's fields using lethal weapons, resulting in the death of Partap Singh. The appellants pleaded private (self) defence, claiming they acted to protect themselves when …

UNITED INDIA INSURANCE CO. LTD.versusM/S KIRAN COMBERS & SPINNERS

2006 INSC 976Dismissed

M/s Kiran Combers & Spinners held a fire policy with an endorsement for flood covering its building, machinery and stock. In July 1993 heavy floods caused the building to collapse, allegedly due to subsidence of the land. United India Insurance repudiated the claim, relying on a surveyor’s report …

HCG STOCK & SHARE BROKERS LIMITEDversusGAGGAR SURESH

2006 INSC 977Dismissed

HCG Stock & Share Brokers Ltd, the appellant, claimed a sum due from Gaggar Suresh, the respondent, and sought arbitration under the National Stock Exchange of India Limited (NSE) Bye‑laws. The respondent objected, arguing that the claim was barred by the six‑month limitation period prescribed in …

VIRENDER NATH GAUTAMversusSATPAL SINGH AND ORS.

2006 INSC 978Appeal(s) allowed

The appellant, a defeated candidate in a Himachal Pradesh Legislative Assembly election, filed an election petition alleging several irregularities including votes cast by dead persons, double voting, voting in multiple constituencies, and double postal ballots, which he claimed materially affected …

SATHI VIJAY KUMARversusTOTA SINGH AND ORS.

2006 INSC 972Disposed off

Sathi Vijay Kumar, a losing candidate in the 2002 Punjab Assembly election, filed an election petition alleging that the returned candidate, Tota Singh, had committed corrupt practices, including the wrongful deletion of 586 voters' names and the assistance of a gazetted officer. The High Court …

SANJAY VERMAversusMANIK ROY AND ORS.

2006 INSC 979Appeal(s) allowed

The appellant, Sanjay Verma, filed a suit for specific performance of a contract concerning a property in 1991. During the suit's pendency, the property was transferred to the respondents, Manik Roy and Ahilya Jha, without obtaining the court's permission. The respondents sought to be impleaded …

DESA SINGHversusAJIT SINGH AND ORS.

2006 INSC 980Disposed off

The appellant filed a second appeal before the Punjab and Haryana High Court, but due to unforeseen circumstances—retirement and death of counsel—no representative appeared on the scheduled date. Despite the appellant's non‑appearance, the High Court proceeded to decide the appeal on its merits and …

AJENDRAPRASADJI N. PANDE AND ANR.versusSWAMI KESHAV PRAKESHDASJI N. AND ORS.

2006 INSC 981Dismissed

The petitioners sought to amend their written statement in a civil suit after the trial had already begun, invoking Order VI Rule 17 of the CPC. The Supreme Court examined whether the amendment was permissible under the proviso to that rule, which bars amendments after trial commencement unless the …

UNION OF INDIA AND ORS.versusSHEELA RANI

2006 INSC 982Appeal(s) allowed

Sheela Rani was engaged as a casual worker on 17 November 1982 to note complaints in an enquiry office. She sought regularisation of her post with retrospective effect from that date, invoking directions of the Administrative Tribunal. The Tribunal ordered her regularisation retrospectively, but the …

ROCHEM SEPARATION SYSTEMS (I) PVT. LTD.versusMAZAGON DOCK LTD. AND ORS.

2006 INSC 983Appeal(s) allowed

Rochem Separation Systems (I) Pvt. Ltd. (appellant) submitted original and supplementary bids for a defence tender but was rejected because it failed to provide an un‑priced price format. The tendering authority (Respondent No.1) subsequently awarded the contract to Respondent No.4, allowing it to …

SITA DEVIversusBIHAR STATE HOUSING BOARD AND ORS.

2006 INSC 984Appeal(s) allowed

Sita Devi applied for a flat under the Bihar State Housing Board's self‑financing scheme and paid a total of Rs.1,71,876 in 1994. The flat was not constructed within the stipulated or a reasonable period, and she sought a refund in October 1996; the Board cancelled her allotment in January 1997 and …

STATE OF KARNATAKA AND ORS.versusAMEERBI AND ORS.

2006 INSC 969Appeal(s) allowed

The Supreme Court examined whether Anganwadi workers and helpers appointed under the Integrated Child Development Services (ICDS) scheme are holders of civil posts within the meaning of Articles 309, 310 and 311 of the Constitution. The workers, who are selected by a committee, receive only an …

VADLA CHANDRAIAHversusSTATE OF A.P

2006 INSC 970Case Partly allowed

A police constable seized four guavas from a vendor without paying and a quarrel ensued. The appellant, a carpenter, intervened with his tool (a badze) and struck the constable, causing instantaneous death. The trial court convicted him under Section 302 IPC for murder, a decision affirmed by the …

NAGAR NIGAM, MEERUTversusAL FAHEEM MEAT EXPORTS PVT. LTD. AND ORS.

2006 INSC 971Appeal(s) allowed

The Meerut Municipal Corporation (Nagar Nigam) issued a public advertisement inviting tenders for a contract to run its slaughter house after a one‑year licence to Al Faheem Meat Exports expired. The corporation’s advertisement was challenged by Al Faheem, and the Allahabad High Court directed that …

PARKASH SINGH BADAL AND ANR.versusSTATE OF PUNJAB AND ORS.

2006 INSC 960Dismissed

The petitioners, including former Chief Minister Parkash Singh Badal, challenged prosecutions under the Prevention of Corruption Act, 1988 and the IPC on the ground that no prior sanction under Section 197 of the CrPC was obtained and that the complaints were filed with malafide intent. The Court …

LALU PRASAD@ LALU PRASAD YADAVversusSTATE OF BIHAR THROUGH CBI (AHD) PATNA

2006 INSC 961Dismissed

The appeals concerned the validity of a sanction to prosecute Lalu Prasad Yadav under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. The sanction had been issued under Section 19(1)(b) of the Act and Section 197 of the Code of Criminal Procedure, but was signed by the …

ROTASHversusSTATE OF RAJASTHAN

2006 INSC 962Dismissed

The appellant, Rohtash, was convicted under IPC s.302 read with s.34 for the murder of Moosaram, alleged to have been carried out by a group armed with iron pipes. The prosecution relied on statements of the first informant (PW‑1) and the victim's mother (PW‑6), both of whom named Rohtash as part of …

BHUPENDRA SINGH BHATIAversusSTATE OF M.P. AND ORS

2006 INSC 963Appeal(s) allowed

The Supreme Court considered a dispute where the State of Madhya Pradesh, under a new excise policy, purchased foreign liquor from a wholesaler, Bhupendra Singh Bhatia, at rates fixed by a district‑level purchase committee in April‑May 1996, pending a final decision by a state‑level committee. After …

K.KARUNAKARANversusSTATE OF KERALA

2006 INSC 964Disposed off

The appellant, K. Karunakaran, was prosecuted for an alleged abuse of office. The High Court held that no sanction under CrPC Section 197 was required because the appellant was not holding the office at the time the court took cognizance of the offence. The appellant further contended that the …

RAGHUNATH RAI BAREJA AND ANR.versusPUNJAB NATIONAL BANK AND ORS.

2006 INSC 965Appeal(s) allowed

The appellant, a guarantor and director of a liquidated company, challenged the Punjab National Bank's attempt to recover a debt by filing execution petitions. The High Court transferred the third execution petition, filed in 1999, to the Debt Recovery Tribunal (DRT) invoking inherent powers. The …

OM PRAKASH AND ORS.versusSHIV KUMAR AND ORS.

2006 INSC 966Dismissed

The respondents filed a suit for possession of land alleging that the appellant had obtained a fabricated Will of the deceased owner, Smt. Ram Ditti, to secure mutation of revenue records and possession. The trial court dismissed the suit, but the first appellate court and the Himachal Pradesh High …

DR. T.A. QUERESHIversusCOMMISSIONER OF INCOME TAX, BHOPAL

2006 INSC 967Appeal(s) allowed

The appellant, a medical practitioner, was arrested for manufacturing and selling heroin, and the seized heroin was claimed as a loss in his income‑tax return on the ground that it formed part of his stock in trade. The assessing officer disallowed the claim, treating the amount as income from …

PUNJAB WATER SUPPLY & SEWERAGE BOARDversusRANJODH SINGH AND ORS.

2006 INSC 968Appeal(s) allowed

The Punjab Water Supply & Sewerage Board (the Board) engaged several workers on a contractual basis for water and sewerage schemes and later terminated their services. The workers filed writ petitions seeking regularisation of their employment under a policy scheme issued by the State of Punjab. The …

SANKAR DASTIDARversusSHRIMATI BANJULA DASTIDAR AND ANR.

2006 INSC 950Appeal(s) allowed

Respondent No.1, Shrimati Banjula Dastidar, sued her brother Sankar Dastidar for declaration of title to a residential house. The brother had locked a room containing her almirah on 16 March 1987, and an inventory of the goods was later made. In the same proceeding she filed a counter‑claim on 24 …

RAMCHANDRA MURARILAL BHATTAD AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 951Dismissed

The Mumbai Metropolitan Region Development Authority (MMRDA) invited bids for a Convention and Exhibition Centre and the appellant submitted the highest bid, but the Authority later cancelled all bids and re‑tendered, awarding the contract to another bidder. The appellant challenged the …

M/S. PEACOCK PLYWOOD PVT. LTD.versusTHE ORIENTAL INSURANCE CO. LTD.

2006 INSC 953Appeal(s) allowed

The appellant company insured logs against non-delivery with the respondent insurance company. The ship carrying the logs became stranded at Singapore and offloaded cargo, leading to a claim for constructive total loss. The insurer repudiated the claim, and the appellant filed suit. The Single Judge …

SARBANANDA SONOWALversusUNION OF INDIA

2006 INSC 954Case Allowed

The petitioners challenged the Foreigners (Tribunal) Amendment Order, 2006 which made the 1964 Foreigners (Tribunals) Order inapplicable to Assam, arguing that it contravened Articles 14, 21 and 355 of the Constitution and sought to nullify the Supreme Court's earlier judgment in Sarbananda Sonowal …

SUBHASH HARNARAYANJI LADDHAversusSTATE OF MAHARASHTRA

2006 INSC 955Appeal(s) allowed

The deceased Yadav Navkar allegedly entered into a sale agreement for his land with the appellants, but a forged General Power of Attorney was later executed by accused No.1, leading to a sale deed in favour of the appellants. After Navkar went missing, his wife filed a report, a FIR was lodged …

SALIM SAHABversusSTATE OF MADHYA PRADESH

2006 INSC 956Appeal(s) allowed

Salim assaulted his father‑in‑law’s brother Saleem with a pair of scissors during a heated quarrel, causing injuries that led to Saleem’s death. The trial court convicted Salim under Section 324 IPC (grievous hurt) and sentenced him to five years’ rigorous imprisonment. On appeal, the High Court …

HORI LAL AND ANR.versusSTATE OF U.P

2006 INSC 957Dismissed

The Supreme Court examined a land‑dispute‑related shooting in which members of an unlawful assembly opened fire, killing Hori Lal and Smt Ram Shree and injuring others. The appellants challenged the conviction on grounds that the FIR was ante‑timed, the prosecution failed to prove a common object, …

KULWINDER SINGHversusSTATE OF PUNJAB

2006 INSC 958Dismissed

The appellant, Kulwinder Singh, was convicted along with three others for the murder of Rajbir Singh, allegedly hired by Nirpal Singh, Nardev Singh and their father Pargat Singh in a land‑dispute motive. The prosecution’s case rested on the statements of eyewitness PW‑3, the extra‑judicial …

MUNICIPAL CORPORATION, JABALPURversusOM PRAKASH DUBEY

2006 INSC 959Appeal(s) allowed

The Municipal Corporation of Jabalpur appointed a large number of daily‑wage workers without following the recruitment rules prescribed under the Madhya Pradesh Municipal Corporation Act. Several labour disputes arose and the High Court, exercising contempt jurisdiction, directed the corporation to …

STATE OF UTTARANCHAL AND ANR.versusDINESH KUMAR SHARMA

2006 INSC 944Appeal(s) allowed

The respondent, Dinesh Kumar Sharma, a Subordinate Agricultural Services officer, claimed promotion and seniority from the 1995-96 vacancy year, although his substantive appointment order was issued on 19 November 1999. The High Court directed the State to reconsider his claim, but the Supreme Court …

MUSTAFIKHANversusSTATE OF MAHARASHTRA

2006 INSC 945Dismissed

The appellant, a junior engineer supervising irrigation tank construction under a government employment guarantee scheme, was alleged to have fabricated muster rolls showing payments to fictitious labourers, thereby misappropriating Rs 6,764.10. Evidence showed that the same 21 labourers were …

P.K. SREEKANTAN AND ORS.versusP. SREEKUMARAN NAIR AND ORS.

2006 INSC 946Disposed off

The State acquired 2.8 hectares of land for a market and fixed a compensation award of Rs.45,08,111. Several claimants, including P.K. Sreekantan, filed applications under Section 18 of the Land Acquisition Act, 1894 seeking a reference to a court for enhancement of compensation. The Reference …

RAMJI RAI AND ANR.versusJAGDISH MALLAH (DEAD) THROUGH L.RS. AND ANR.

2006 INSC 947Dismissed

Ramji Rai and another filed a suit for a permanent injunction to restrain the respondents from interfering with their possession of a disputed land and from obstructing the construction of a boundary wall. The trial court decreed in their favour, but the appellate court set aside the decree on the …

AVTAR SINGH AND ORS.versusGURDIAL SINGH AND ORS.

2006 INSC 948Dismissed

The dispute concerned a parcel of land in village Nardu, alleged to be either private property of the appellants or a public street (shamlat deh). The trial court held the appellants had title and dismissed the respondents' injunction suit; the appellate court and the High Court reversed, finding …

ABHISHEK KUMARversusSTATE OF HARYANA AND ORS.

2006 INSC 949Appeal(s) allowed

Abhishek Kumar applied for an appointment on compassionate grounds after his father, a government employee, died in February 2001. The District Magistrate of Kamal refused the appointment, citing lack of vacancy, and the Punjab and Haryana High Court dismissed his writ petition by relying on Rule 9 …

MUIR MILLS UNIT OF N.T.C. (U.P) LTD.versusSWAYAM PRAKASH SRIVASTAVA AND ANR.

2006 INSC 938Appeal(s) allowed

Muir Mills Unit of N.T.C. (U.P.) Ltd. appointed Swayam Prakash Srivastava as a Legal Assistant on a one‑year probation. After the probation period the mill terminated his services for unsatisfactory performance. Srivastava raised an industrial dispute; the Labour Court held he was a workman and …

PRAKASHversusSTATE OF MADHYA PRADESH

2006 INSC 939Dismissed

The appellant Prakash, along with co‑accused Badrilal and Dinesh, chased the unarmed deceased Ramprasad with lathis. Prakash struck Ramprasad's leg, causing him to fall, after which Badrilal delivered a fatal blow to the head, leading to death from multiple skull fractures. The trial court convicted …

STATE BANK OF HYDERABADversusTOWN MUNICIPAL COUNCIL

2006 INSC 940Appeal(s) allowed

The State Bank of Hyderabad sued the Town Municipal Council for an injunction concerning a plot it had purchased at public auction. During the proceedings the bank sought leave to amend its plaint, which was initially allowed by the appellate court. The High Court set aside that order, relying on …

M/S. SIEMENS LTD.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 941Appeal(s) allowed

Siemens Ltd., a multi‑location company, owned a factory within the Bombay Municipal Corporation (BMC) limits and another outside those limits. The BMC issued a show‑cause notice demanding payment of municipal cess on goods supplied from the factory outside its jurisdiction. Siemens filed a writ …

STATE OF KERALA AND ORS.versusUNNI AND ANR.

2006 INSC 942Disposed off

The State of Kerala prosecuted licensees Unni and others for selling toddy whose ethyl alcohol content exceeded the limits prescribed in Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, invoking Sections 56 and 57 of the Abkari Act. The High Court had upheld the rule, but the …

M/S ASHOKA SMOKELESS COAL IND. P. LTD. AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 943Disposed off

The Supreme Court examined the constitutionality of Coal India Ltd.'s electronic auction (E‑Auction) scheme for allocating coal to non‑core sector consumers. The petitioners argued that coal is an essential commodity and that the scheme's variable pricing, lack of a fixed price, and inclusion of …

STATE OF MADHYA PRADESHversusKEDAR YADAV

2006 INSC 929Case Partly allowed

The State of Madhya Pradesh appealed a High Court order that reduced the ten‑year rigorous imprisonment awarded to Kedar Yadav for an offence under Section 307 of the Indian Penal Code to the period already served. The trial court had convicted Yadav for attempting to murder the complainant, Parvat …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. AFROZ BI AND ORS.

2006 INSC 930Case Partly allowed

On 17 August 1992 a motor vehicle involved in a fatal accident was insured with National Insurance Company Ltd. for the period 5 October 1991 to 4 October 1992. New India Assurance Co. Ltd. issued a policy covering a later period (7 November 1992 to 6 November 1993) and the premium cheque for that …

K.N. SATHYAPALAN (DEAD) BY LRS.versusSTATE OF KERALA AND ANR.

2006 INSC 931Appeal(s) allowed

The appellant, K.N. Sathyapalan (deceased) by legal representatives, entered into a construction contract with the State of Kerala. The work could not be completed within the stipulated eleven months due to law‑and‑order disturbances, lack of a suitable quarry and dumping yard, and the State’s …

N.V. SUBBA RAOversusCORPORATION BANK AND ORS.

2006 INSC 932Disposed off

N.V. Subba Rao, a clerk in Corporation Bank, was suspended on 3 July 1985 and dismissed on 28 July 1988. The High Court later modified the dismissal order, reverting him to the clerk post and reinstating him on 6 February 1997. Rao claimed that his pension and gratuity should be calculated by …

CHANDRIKA SINGH (DEAD) BY LRS. AND ANR.versusSARJUG SINGH AND ANR.

2006 INSC 933Appeal(s) allowed

The case concerned land acquired under the Land Acquisition Act that had been mutated in the name of Damoder Mahto. After Damoder's death, his widow Koleshra Devi (Kaulashwari) possessed a share of the land in lieu of maintenance. She executed a deed of gift on 7 May 1960 in favour of the …

UTHA MOIDU HAJIversusKUNINGARATH KUNHABDULLA AND ORS.

2006 INSC 934Appeal(s) allowed

The plaintiff, a son who attained majority in 1974, filed a suit in 1981 to set aside a 1963 sale deed by which his maternal grandfather and his siblings purportedly sold his share in family land. The trial court held the suit barred by Article 60 of the Limitation Act, 1963, but the appellate …

LANKESHWAR MALAKAR AND ORS.versusR. DEKA AND ORS.

2006 INSC 935Appeal(s) allowed

The plaintiffs, descendants of Durga Malakar, filed a title suit claiming ownership of certain lands based on a will dated 8 October 1958 and a probate order. The defendants asserted title through a sale deed executed by Durga's widow Gandhari and a subsequent deed of exchange. The trial court ruled …

ANTAR SINGHversusSTATE OF MADHYA PRADESH

2006 INSC 936Dismissed

On 6 July 1993, the deceased Keshrabai and her 15‑year‑old daughter Annuabai were attacked in their home. The appellant, Antar Singh, along with three others entered the house armed with deadly weapons while eight other persons surrounded the house. Badri assaulted the deceased, who suffered eight …

UNION OF INDIA AND ORS.versusCARPENTER WORKERS UNION AND ORS.

2006 INSC 937Dismissed

The Union of India filed a Special Leave Petition challenging a Delhi High Court order that dismissed its claim for uniform pay scales for carpenters employed by All India Radio and Television. The petition arose after the Central Administrative Tribunal (CAT) had upgraded the pay scales of …

ACCOUNTANT GENERAL OF ORISSA AND ANR.versusR. RAMAMURTHY AND ANR.

2006 INSC 922Dismissed

The appellants challenged a High Court judgment that interpreted Rule 37A of the Central Civil Services (Pension) Rules, 1972 regarding the calculation of restored pension for employees who had commuted a portion of their pension. The High Court had held that the pro‑rata commuted portion must be …

M/S TRANSCOREversusUNION OF INDIA AND ANR.

2006 INSC 924Disposed off

The Supreme Court examined whether a bank, having filed an original application before the Debt Recovery Tribunal (DRT) for recovery of dues, must withdraw that application before invoking the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (NPA …

COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, SURAT-IIversusM/S. NIRMALA DYECHEM AND ANR.

2006 INSC 925Appeal(s) allowed

The assessee, Nirmala Dyachem, manufactures a product called Domex Power Cleaner/Domex All round Home Cleaner and classified it under heading 38.08 of the Central Excise Tariff Act, 1985 as a disinfectant. The Revenue argued that the product should be placed under heading 34.02, which covers organic …

DEVENDER SINGHversusSTATE OF HARYANA

2006 INSC 926Appeal(s) allowed

A married woman, Sumitra, died in a fire that also injured her two‑year‑old son and her father‑in‑law, both of whom later died. The husband, Devender Singh, and his brother‑in‑law were prosecuted under IPC sections 306 (abetment of suicide) and 498‑A (dowry harassment) based on letters in which the …

PREM NARAIN AND ANR.versusTHE STATE OF MADHYA PRADESH

2006 INSC 927Appeal(s) allowed

The appellants Prem Narain and others were convicted under Section 304(II) read with Section 34 of the Indian Penal Code for the murder of Gopal Singh, based primarily on the testimony of two eye‑witnesses, PW‑1 (Ganeshi Bai) and PW‑3 (Kallu). The Supreme Court examined the consistency of their …

GULAB CHAND AGRAWALversusSTATE OF BIHAR AND ORS.

2006 INSC 928Dismissed

Gulab Chand Agrawal, a clerk employed by Siwan Municipality, retired on 31 January 1992. The Bihar Municipal Officers and Servants Pension Rules, 1987 (Rule 4) allowed municipal employees who were on the rolls at the time of the rule’s confirmation and who had subscribed to the Contributory …

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S KHANNA INDUSTRIES AND ORS.

2006 INSC 917Case Partly allowed

The respondents, manufacturers of brass sanitary fittings, used the stylised brand name "ARK" belonging to Mis Arkson Pvt Ltd, a trader, while claiming exemption under Notification No. 175/86-CE for small scale units. The Revenue argued that the exemption was unavailable because the brand name of …

SADASHIO MUNDAJI BHALERAOversusSTATE OF MAHARASHTRA

2006 INSC 918Appeal(s) allowed

The case involved seventeen police officials charged under Sections 302, 34 and 201, 34 IPC for the alleged custodial death of a suspect, Dilip, during interrogation. The prosecution relied on eye‑witnesses, many of whom had criminal records, and on fingerprint/thumb‑impression evidence to identify …

STATE OF U.P. AND ORS.versusRUK MANGAL SINGH RATHAUR

2006 INSC 919Appeal(s) allowed

The respondents were appointed as Co‑operative Supervisors, a non‑government post under the Co‑operative Federation Authority, and later promoted to the government post of Co‑operative Inspector Grade‑II. Upon retirement they filed petitions claiming that their service as Supervisors should be …

BAR COUNCIL OF INDIAversusBOARD OF MANG. DAYANAND COLLEGE OF LAW AND ORS.

2006 INSC 920Appeal(s) allowed

The Bar Council of India (BCI) challenged two Allahabad High Court writ orders that upheld the appointment of a philosopher, respondent No. 5, as Principal of Dayanand College of Law despite his lack of legal qualifications. The High Court had held that the Uttar Pradesh State Universities Act, …

UNION OF INDIA AND ANR.versusS.L. VERMA AND ORS

2006 INSC 921Dismissed

The Union of India appealed a High Court order that had allowed a group of former Bureau of Indian Standards employees, who were members of the Contributory Provident Fund (CPF) scheme, to be deemed members of the pension scheme without any liability on the Union. The employees had not exercised the …

THE SECRETARY, MALANKARA SYRIAN CATHOLIC COLLEGEversusT. JOSE AND ORS.

2006 INSC 915Appeal(s) allowed

The Supreme Court examined whether an aided minority college could be bound by Section 57(3) of the Kerala University Act, which requires the principal to be appointed on a seniority‑cum‑fitness basis. The college, a minority institution, had appointed Rev. Daniel as principal, a decision challenged …

NAVEEN CHANDRAversusSTATE OF UTTRANCHAL

2006 INSC 916Case Partly allowed

Naveen Chandra and his parents were convicted for the murder of three members of a rival family. The appellant claimed that the killings occurred in a sudden quarrel, were provoked, and were in self‑defence. The Supreme Court examined whether Exception 4 to Section 300 IPC (sudden fight) applied and …

M.C.MEHTAversusUNION OF INDIA AND ORS.

2006 INSC 913Disposed off

The Supreme Court examined a Public Interest Litigation concerning the Taj Heritage Corridor project, which alleged irregularities and unauthorized release of Rs. 17 crore. The Court had earlier ordered a CBI inquiry and later directed the CBI to register an FIR and investigate senior officials. The …

INDIAN OIL CORPORATION LTD.versusSTATE OF ASSAM AND ORS.

2006 INSC 914Disposed off

Indian Oil Corporation Ltd. (IOC) purchased petroleum products from Bongaigaon Refinery & Petrochemicals Ltd. (BRPL) and paid sales tax at the time of purchase under the Assam General Sales Tax Act, 1993. It later resold the same products at government‑fixed prices that included a surcharge to be …

MOHAMMED ARSHADversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 892Disposed off

The deceased Kayyum gave three dying declarations after being assaulted. The first (before a doctor) and second (before a magistrate) named Syed Shaukat and Salim but not Mohammed Arshad; the third (before an investigating officer) named Arshad as having struck the victim with a wooden stick, citing …

CHATAR SINGHversusSTATE OF M.P.

2006 INSC 893Case Partly allowed

The appellant was convicted for kidnapping two boys and for offences under Sections 364 and 365 IPC, read with Sections 120‑B and 201 IPC. The trial court sentenced him to ten years each for the two counts of kidnapping (total 20 years) and the High Court upheld the conviction and ordered the …

VIKRAMJLT SINGH@ VICKYversusSTATE OF PUNJAB

2006 INSC 894Appeal(s) allowed

Vikramjit Singh (Vicky) was convicted by the Sessions Court and sentenced to death for the murder of his wife, Meena Rani, based on a prosecution case that alleged he killed her due to an illicit relationship. The prosecution relied on a knife allegedly recovered after a confession, jewellery found …

DILIP AND ANR.versusSTATE OF M.P.

2006 INSC 895Appeal(s) allowed

The appellants were stopped on a scooter and opium was seized from the vehicle, leading to their arrest under the NDPS Act. The trial court acquitted them, holding that the search and seizure were vitiated because Sections 42 and 50 of the NDPS Act were not complied with and the seizure witnesses …

BABUBHAI UDESINH PARMARversusSTATE OF GUJARAT

2006 INSC 896Appeal(s) allowed

Babubhai Udesinh Parmar was convicted of raping and murdering a minor girl, Savita, primarily on the basis of a confession recorded by a Chief Judicial Magistrate under Section 164 of the Cr.P.C. The Supreme Court found that the confession was recorded without observing the statutory safeguards: it …

GAGAN KANOJIA AND ANR.versusSTATE OF PUNJAB

2006 INSC 897Dismissed

The appellants were convicted for kidnapping and murdering two children based largely on circumstantial evidence, including the testimony of a child witness, a taxi driver, extra‑judicial confessions, fingerprint matches, recovered clothing, and a ransom‑demand letter. The trial and High Courts …

BASO PRASAD AND ORS.versusSTATE OF BIHAR

2006 INSC 898Disposed off

The accused were charged under Sections 302 and 34 IPC and Section 27 of the Arms Act for the murder of Shivnandan Prasad. Eye‑witnesses identified Brijandan Prasad as the sole shooter, while the other four accused were alleged to have participated in brick‑batting but not in firing. The defence …

SASI THOMASversusSTATE AND ORS.

2006 INSC 899Disposed off

The appellant, the brother of the deceased Achamma, alleged that his sister’s death was not a natural heart‑failure but a murder concealed as suicide. After exhumation and a post‑mortem indicating organophosphorus poisoning, the CB‑CID investigated and charged the husband under Section 306 IPC …

ANIL@RAJU NAMDEV PATILversusADMINISTRATION OF DAMAN & DIU, DAMAN AND ANR.

2006 INSC 900Dismissed

The appellant, Anil Raju Namdev Patil, was convicted of kidnapping a five‑year‑old boy for ransom, the boy’s murder and related offences, and sentenced to death and five years’ rigorous imprisonment. He appealed, arguing that the charge of kidnapping for ransom with intent to murder (Section 364‑A …

STATE OF MAHARASHTRAversusSHASHIKANT S. PUJARI AND ORS.

2006 INSC 901Disposed off

Shashikant S. Pujari was appointed as a part‑time lecturer on a clock‑hour basis in 1983 and later served intermittently as a full‑time lecturer without the requisite approval of the University Selection Committee and without satisfying the qualifications prescribed under the University Grants …

MEGHALAYA STATE ELECTRICITY BOARD AND ORS.versusTHULESWAR BARBARUAH & ORS.

2006 INSC 902Appeal(s) allowed

The Meghalaya State Electricity Board framed service regulations in 1996 that required a Departmental Promotion Committee (DPC) to prepare a list of eligible employees each year, but only for vacancies that existed or were expected. The respondents became eligible for promotion in 2000, yet no DPC …

STATE OF HARYANA AND ORS.versusDEVI DUTT AND ORS.

2006 INSC 903Appeal(s) allowed

The State of Haryana, following a policy to regularise daily‑wage workers, terminated the services of several daily wagers. The Labour Court held that the workers had not been in continuous service for the requisite 240 days in the preceding 12 months, and therefore the retrenchment did not violate …

M.P. MATHUR AND ORS.versusD.T.C. AND ORS.

2006 INSC 904Dismissed

The Delhi Transport Corporation (DTC) constructed 300 tenements under a subsidised housing scheme and, after an amendment, passed resolutions in 1979 to sell these houses to retired industrial workers. The workers filed suit seeking a declaration that they were entitled to ownership, relying on the …

J. SRINIVASA RAOversusGOVT. OF A.P. AND ANR.

2006 INSC 905Appeal(s) allowed

J. Srinivasa Rao challenged a 1997 notification that altered the tax rate for Maxi Cabs from a fixed Rs 1,000 per vehicle to Rs 600 per seat, alleging it exceeded the ceiling prescribed in the Andhra Pradesh Motor Vehicles Taxation Act, 1963. The High Court dismissed the writ, holding that the …

JODHPUR VIDYUT VITRAN NIGAM LTD. AND ANR.versusNANU RAM AND ORS.

2006 INSC 906Appeal(s) allowed

The respondents, temporary construction workers on muster roll, completed two years of service after 31 March 1982 and claimed regularisation and regular pay scale under arbitration awards of 1978 and 1979. The State Government constituted a Screening Committee in September 1983 to consider …

WEST BENGAL STATE ELECTRICITY BOARDversusDILIP KUMAR RAY

2006 INSC 907Appeal(s) allowed

The respondent, a Superintending Engineer of the West Bengal State Electricity Board, was suspended pending disciplinary proceedings that were later quashed by the High Court for denial of a reasonable hearing. He subsequently sued the Board for damages, claiming harassment and loss of reputation, …

STATE OF HIMACHAL PRADESH AND ORS.versusSURINDER SINGH BANOLTA

2006 INSC 908Dismissed

Surinder Singh Banolta was elected to the Zilla Parishad on 5 January 2001. Earlier, in 1998, he had been declared an encroacher under the Himachal Pradesh Public Premises (Rent Recovery and Land Eviction) Act, a disqualification ground under Section 122(c) of the Himachal Pradesh Panchayati Raj …

G.L. VIJAINversusK. SHANKAR

2006 INSC 909Appeal(s) allowed

The appellant, a tenant, challenged an order fixing fair rent by filing a revision petition under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The High Court admitted the petition on the condition that the appellant deposit 50% of the arrears and continue paying the …

STATE OF M.P. AND ORS.versusLAUT KUMAR VERMA

2006 INSC 910Dismissed

Laut Kumar Verma, engaged on daily wages, applied before the Labour Court for classification as a permanent clerk, claiming that continuous service of more than six months entitled him to permanent status under Clause 2 of the Standard Standing Orders and protection of Section 25‑F of the Industrial …

HOTEL & RESTAURANT ASSOCIATION AND ANR.versusSTAR INDIA PVT. LTD. AND ORS

2006 INSC 911Appeal(s) allowed

The Hotel & Restaurant Associations, representing owners of large and small hotels, challenged the rates demanded by broadcasters under TRAI's tariff orders, arguing that they are consumers entitled to TDSAT's jurisdiction under Section 14 of the TRAI Act. TDSAT held that the hotels were not …

SAURABH PRAKASHversusDLF UNIVERSAL LTD.

2006 INSC 912Disposed off

The appellant purchased a flat from DLF Universal Ltd. and paid earnest money and instalments, but later could not continue payments and sought a refund of the amounts paid, proposing a swap for a smaller property. DLF refused to adjust the earnest money and the appellant filed an application before …

K.S. KRISHNASWAMY ETC.versusUNION OF INDIA AND ANR.

2006 INSC 888Disposed off

The Supreme Court examined whether the Office Memorandum (O.M.) dated 11 May 2001, issued to clarify pension calculations, overrode the earlier O.M. dated 17 December 1998. The Court held that the later memorandum is merely a clarification and does not repeal the earlier instruction, which remains …

M/S. BENARA VALVES LTD. AND ORS.versusCOMMISSIONER OF CENTRAL EXCISE AND ANR.

2006 INSC 889Disposed off

The Central Excise Department levied large duty and penalty demands on Mis. Benara Automotives Pvt. Ltd. (BAPL) and Mis. Benara Valves Ltd. (BVL) for alleged clandestine removal of excisable goods. The appellants appealed before the Customs Excise and Service Tax Appellate Tribunal and sought a stay …

UNION OF INDIA AND ORS.versusHASMUKHBHAI HIRABHAI RANA

2006 INSC 890Case Partly allowed

The respondent was initially issued a selection letter on 1 January 1990 and an appointment letter on 13 June 1990 by the Divisional Commercial Manager (DCM). After a charge sheet in 1993, the DCM conducted an enquiry and ordered the respondent's removal from service, which was affirmed by the …

STATE OF U.P. AND ORS.versusDESH RAJ

2006 INSC 891Dismissed

Deshraj was appointed on daily wages for specific work in the Public Works Department and filed a writ petition seeking regularisation. The Allahabad High Court, by a single judge, directed the creation of a supernumerary post and ordered payment of minimum pay scale, a decision later upheld by a …

PARME HANSDA AND ANOTHERversusSTATE OF BIHAR(NOW JHARKHAND)

2006 INSC 875Appeal(s) allowed

The deceased, Jharia Kisku, was alleged to have been caught stealing and was tied and assaulted by the accused, Parme Hansda and Churka Hansda, along with other villagers. He later died from his injuries. The trial court convicted the accused under IPC Sections 304 (culpable homicide not amounting …

UNION OF INDIA AND ANR.versusKUNISETTY SATYANARAYANA

2006 INSC 876Appeal(s) allowed

The respondent, a clerk in the Postal Department, was initially appointed as an open category (OC) employee but later obtained promotions to posts reserved for Scheduled Tribes (ST) by falsely claiming ST status on his school certificate. After a show‑cause notice, he admitted he did not belong to …

COMMISSIONER OF INCOME TAX, KOLKATAversusM/S. HOOGL Y MILLS CO. LTD.

2006 INSC 877Appeal(s) allowed

The respondent, Hooghly Mills Co. Ltd., purchased an industrial undertaking from Fort Gloster Industries Ltd. and, under the sale agreement, assumed the vendor’s accrued and future gratuity liability of about Rs 3.5 crore. The assessee claimed depreciation on this amount under Section 32 of the …

UNION PUBLIC SERVICE COMMISSIONversusL.P. TIWARI

2006 INSC 878Appeal(s) allowed

The case concerned the promotion of two State Forest Service officers, L.P. Tiwari and D.P. Dwivedi, to the Indian Forest Service. Both officers challenged the Selection Committee’s assessment, alleging that they should have been classified as "outstanding" and given seniority over other candidates. …

RAM CHANDRA SRIVASTAVAversusCHAIRMAN, DDA AND ANR.

2006 INSC 879Appeal(s) allowed

Ram Chandra Srivastava challenged the service charge and ground rent levied by the Delhi Development Authority (DDA) through a writ petition. The Single Judge of the Delhi High Court dismissed the petition, holding that the service charge was a tax unrelated to services and that the accounting of …

M/S. RELIANCE SALT LTD.versusM/S. COSMOS ENTERPRISES AND ANR.

2006 INSC 880Appeal(s) allowed

Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day …

GANGARAM SHANTARAM SALUNKHEversusTHE STATE OF MAHARASHTRA

2006 INSC 881Dismissed

The appellant, Gangaram Shantaram Salunkhe, was convicted under IPC Section 302 read with Section 34 for the murder of Bhaulal Jadhav. The prosecution relied on two eye‑witnesses (PW4 and PW5), a dying declaration of the deceased recorded by PW6, and medical evidence. The appellant challenged the …

SURENDERversusSTATE OF HARYANA

2006 INSC 882Dismissed

The Supreme Court examined the appeal of Surender, convicted under Sections 306/34 (abetment of suicide) and 498A/34 (dowry harassment) of the IPC. The prosecution proved that Pushpa, his wife, was repeatedly harassed and beaten for dowry demands, was expelled from the matrimonial home, and later …

BABU SINGH AND ANOTHER.versusRESHAMPAL SINGH AND ANR.

2006 INSC 883Dismissed

The trial court convicted Reshampal Singh and another for murder under Section 302 of the IPC and sentenced them to death. The Punjab and Haryana High Court affirmed the conviction but reduced the sentence to life imprisonment, imposed a fine of Rs. 50,000 and additional rigorous imprisonment for …

SRIKANTversusDISTRICT MAGISTRATE, BIJAPUR AND ORS.,

2006 INSC 885Disposed off

The appellant challenged the detention of his brother under the Karnataka Prevention of Dangerous Activities Act, 1985 by filing a second habeas corpus petition after an earlier petition had been dismissed. The respondents argued that the doctrine of res judicata barred the second petition because …

DHARAMPAL ARORAversusPUNJAB STATE ELECTRICITY BOARD AND ANR.

2006 INSC 887Case Partly allowed

The appellant, an Assistant Revenue Accountant of the Punjab State Electricity Board, was suspended in 1974, charge‑sheeted, reinstated in 1975 and later allowed to cross the efficiency bar only from 1 April 1976, treating the period of suspension as non‑duty. An inquiry resulted in an order on 16 …

E.S.I.CversusC.C. SANTHAKUMAR

2006 INSC 871Disposed off

The Employees' State Insurance Corporation (ESIC) sought to recover arrears of contributions from employers as arrears of land revenue under Section 45‑B, relying on orders passed under Section 45‑A. The Kerala High Court held that the five‑year limitation in the proviso to Section 77(1A)(b) applied …

LEKHAversusP. ANIL KUMAR

2006 INSC 872Appeal(s) allowed

The parties divorced after a period of separation; the mother later remarried. Their 12‑year‑old son had been living with the mother. The father filed a petition under the Guardians and Wards Act, 1890 seeking custody. The trial court, after interviewing the child who expressed a clear desire to …

RISHIKESH SHARMAversusSAROJ SHARMA

2006 INSC 873Appeal(s) allowed

The husband, Rishikesh Sharma, filed a petition for dissolution of his marriage to Saroj Sharma under Section 28 of the Hindu Marriage Act, alleging mental cruelty and desertion. The parties had been living separately since 1981, with the wife filing multiple criminal cases against the husband, and …

KALYAN SINGHversusSTATE OF MADHYA PRADESH

2006 INSC 874Appeal(s) allowed

On 31 July 1989, a group of accused, including Kalyan Singh, allegedly surrounded a well where Durga Singh Rawat was bathing and Kalyan Singh is said to have urged Budh Singh to fire, resulting in the victim's death. The trial judge, after detailed analysis of witness statements and noting …

SANGHAMITRA GHOSHversusKAJAL KUMAR GHOSH

2006 INSC 864Disposed off

Sanghamitra Ghosh filed a transfer petition seeking to move a matrimonial suit for restitution of conjugal rights to Bangalore, alleging physical and mental torture by her husband Kajal Kumar Ghosh and his parents, and claiming she was driven out of the marital home with their minor child. Both …

CHIEF COMMISSIONER OF INCOME TAX, BHOPAL AND ORS.versusM/S. LEENA JAIN AND ORS.

2006 INSC 865Appeal(s) allowed

The respondents, employed as contractual data entry operators and paid hourly, sought regularization of their posts on the ground of having rendered long service. The Central Administrative Tribunal directed the employer to consider their cases, but the employer challenged the order and the High …

M/S. SURESH CHANDRA KHANDELWAL AND CO.versusSTATE OF M.P. AND ORS.

2006 INSC 866Case Partly allowed

M/s Suresh Chandra Khandel Wal & Co. sought a benefit under the Madhya Pradesh Entertainment Duties (Advertisement Tax) Act, 1936, requesting the benefit to be back‑dated to 1 April 1996. Their writ petition was dismissed, and they filed a Letters Patent Appeal (LPA) to rely on a decision in another …

OIL & NATURAL GAS CORPN. LTD.versusENGINEERING MAZDOOR SANGH

2006 INSC 867Disposed off

The Oil & Natural Gas Corporation (ONGC) employs seasonal casual/contingent workers for field survey work from November to May each year. The Engineering Mazdoor Sangh sought regularisation of those workers who had completed at least 240 days of attendance in a twelve‑month period, invoking Rule 2 …

M/S. AMBICA CONSTRUCTIONversusUNION OF INDIA

2006 INSC 868Appeal(s) allowed

Ambica Construction entered into a works contract with the Union of India (Railways) which incorporated Clause 43(2) requiring a No‑Claim Certificate after the works were finally measured. The contractor could not complete the work on time, faced deductions and was denied payment and refund of its …

KANSING KALUSING THAKORE AND ORS.versusRABARI MAGANBHAI VASHRAMBHAI AND ORS.

2006 INSC 869Appeal(s) allowed

The Supreme Court examined a public‑interest litigation filed by villagers of Rasana Nana, Gujarat, which challenged the allotment of rehabilitation lands to six original land‑owners whose property had been acquired in 1954 for an agricultural university. The Court held that the writ petition was an …

STATE OF PUNJAB AND ORS.versusRAJESH KUMAR

2006 INSC 870Appeal(s) allowed

The respondent, Rajesh Kumar, a constable appointed on 2 December 1989, was discharged on 18 October 1992 under Rule 12.21 of the Punjab Police Rules on the ground of unauthorized absenteeism and unsuitability. Lower courts, including the High Court, held that the discharge was punitive, based on …

SHIV CHARAN SINGHversusSTATE OF PUNJAB AND ORS.

2006 INSC 861Dismissed

Shiv Charan Singh appealed to the Supreme Court under Article 136, challenging the Punjab and Haryana High Court's order dismissing his review application against a writ order that had been rejected on the ground of his alleged habitual absenteeism. The High Court had found the petitioner absent for …

GOVERNMENT OF INDIA AND ANR.versusGEORGE PHILIP

2006 INSC 852Appeal(s) allowed

George Philip, a Scientific Officer at BARC, was granted a two‑year extraordinary leave for research training on the condition that he would not enroll for a Ph.D. or seek an extension. He violated this undertaking by registering for a Ph.D. and overstayed his leave by more than two years, despite …

UNION OF INDIA AND ANR.versusM/S. V.S. ENGINEERING (P) LTD.

2006 INSC 853Appeal(s) allowed

The Union of India awarded a contract to M/s V.S. Engineering for supplying crushed stone ballast, but a dispute arose over penalties and performance. The contract’s General Conditions required the General Manager of Railways to appoint an arbitral tribunal, which was done, yet the contractor later …

KRISHI UTPADAN MANDI PARISHAD AND ANR.versusI.T.C. LTD.

2006 INSC 854Disposed off

The appellant Mandi Parishad sought market fee on cut tobacco processed by ITC Ltd in Saharanpur and sent to its own factory in Calcutta and to contract manufacturers. The Mandi Samiti’s President exempted the consignment to Calcutta but referred the contract‑manufacturer case to the Director, who …

KERALA STATE ELECTRICITY BOARDversusHINDUSTAN CONSTRUCTION CO. LTD. AND ORS.

2006 INSC 855Dismissed

The Kerala State Electricity Board (KSEB) entered into a contract with Hindustan Construction Co. Ltd. (HCC) for a power tunnel, later extending the time for completion and receiving a claim for compensation for work done during the extension. An ad‑hoc committee recommended payment of Rs.808.26 …

RAJESH RANJAN YADAV @ PAPPU YADAVversusCBI THROUGH ITS DIRECTOR

2006 INSC 856Dismissed

Rajesh Ranjan Yadav, a four‑time Member of Parliament, was charged with a triple murder under IPC sections 302, 34 and 120B, and under Section 27 of the Arms Act. After being in judicial custody for more than six years, he repeatedly applied for bail, arguing that continued detention violated his …

BAPUversusSTATE OF MAHARASHTRA

2006 INSC 857Dismissed

The appellant, Bapu, was convicted under Section 302 IPC for allegedly setting his wife, Shobhabai, on fire. The prosecution's case rested on three dying declarations made by the deceased—two recorded in a rural hospital before an Executive Magistrate and a police constable, and a third before …

M.D., KARNATAKA HANDLOOM DEV. CORPN. LTD.versusSRI MAHADEVA LAXMAN RAVAL

2006 INSC 858Appeal(s) allowed

The Karnataka Handloom Development Corporation appointed Sri Mahadeva Laxman Raval as an expert weaver on a fixed‑term, honorarium‑based contract under the Vishwa programme. After the nine‑month contract expired, the corporation did not renew his engagement, and Raval claimed that his termination …

KORES (INDIA) LTD.versusBANK OF MAHARASHTRA AND ORS.

2006 INSC 860Case Partly allowed

Kores (India) Ltd., the lessee of an industrial undertaking, appealed a High Court order that required it to pay a royalty on plant and machinery in addition to lease rent. The High Court had appointed a receiver who fixed the royalty at 10% of the written‑down value, amounting to Rs 70,000 per …

UNION OF INDIA AND ORS.versusS.K. SAIGAL AND ORS.

2006 INSC 848Appeal(s) allowed

The respondents, junior scientists, sought promotion to Scientist‑Grade C despite not having the five years of service in Grade B required by Rule 7(2)(b) of the Central Ground Water Board (Scientific Group ‘A’ Posts) Recruitment Rules, 1995. They argued that deputationists with eight years of …

SATIN CHANDRA PEGUversusSTATE OF ASSAM

2006 INSC 849Disposed off

Satin Chandrapegu was convicted under Section 409 IPC for alleged misappropriation of Rs.91,006 and sentenced to two years' imprisonment with a fine. His appeal to the Sessions Court was dismissed, and he filed a criminal revision under Sections 397, 401 and 482 of the CrPC before the Guwahati High …

SUB DIVISIONAL OFFICER (P), UHBVNLversusDHARAM PAL

2006 INSC 850Appeal(s) allowed

The respondent, a consumer of electricity, alleged that the meter installed by the appellant was defective and that the demand of Rs.1,07,326 raised for alleged tampering was illegal. He filed a complaint before the District Consumer Disputes Redressal Forum seeking that the matter be referred to …

P.R. METRANIversusCOMMISSIONER OF INCOME TAX, BANGALORE

2006 INSC 847Appeal(s) allowed

The assessee, a Hindu Undivided Family, was searched under Section 132 of the Income‑Tax Act and unaccounted money, gold and documents were seized. The assessing officer made a provisional assessment under Section 132(5) and later the regular assessment incorporated additions based on a presumption …

AYUDH UPASKAR NIRMANI KALYAN SAMITI, KANPURversusGOVERNMENT OF INDIA AND ORS.

2006 INSC 844Disposed off

The Society, formed by officers and employees of the Ordinance Equipment Factory (OEF), operated a CBSE‑affiliated secondary school in OEF premises on an annual rent of Rs 3,904. The OEF Board later ordered the school to cease operation after the 2005‑06 academic session, demanded payment of a large …

T.C. KAUSHIKversusUNION OF INDIA AND ORS.

2006 INSC 846Case Partly allowed

Dr. T.C. Kaushik, an Additional Government Counsel, was held by the Bombay High Court to have distorted a court order in a letter to the Revenue Department and was directed to face departmental action. He subsequently filed an affidavit on 27 March 2006 offering an unconditional apology, stating …

RAVIKANT S. PATILversusSARVABHOUMA S. BAGALI

2006 INSC 843Appeal(s) allowed

The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that …

DAULAT SINGH SURANA AND ORS.versusFIRST LAND ACQUISITION COLLECTOR AND ORS.

2006 INSC 838Dismissed

The appellant, Daulat Singh Surana, owned premises that had been requisitioned and used by the West Bengal Government since 1943 as the office and residence of the Deputy Commissioner of Police (Security Control). The State issued a notification under Section 4 and a declaration under Section 6 of …

NATIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR AND ORS.versusCHANDRA SHEKHAR CHAUDHARY

2006 INSC 839Appeal(s) allowed

The respondent, an associate professor at NIT Jamshedpur, applied for admission to a Quality Improvement Programme at IIT Madras and sought leave from the institute. The institute denied permission, citing a rule that staff strength in the department could not fall below 70% upon relieving a …

COMMISSIONER, SALES TAX, U.P.versusM/S MOHAN BRICKFIELD, AGRA

2006 INSC 840Appeal(s) allowed

The assessee, Mohan Brickfield, was engaged in brick manufacturing and sales. During two surveys of its premises in 1984-85, it failed to produce its books of accounts, which were later produced at the time of assessment. The Assessing Officer rejected the books, citing the non‑production at the …

M/S SUPRA MARKETING AGENCIESversusCOMMERCIAL TAX OFFICER, HYDERABAD AND ORS.

2006 INSC 841Appeal(s) allowed

Supra Marketing Agencies, a dealer registered under the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956, entered into a supply agreement with the Andhra Pradesh Backward Classes Cooperative Finance Corporation for the Adarna project. The State Commercial Tax Department …

MINOR SUNIL ORAON TR. GUARDIAN AND ORS.versusC.B.S.E. AND ORS.

2006 INSC 842Dismissed

The Cambridge School, an unaffiliated institution, repeatedly violated CBSE's Examination and Affiliation Bye‑Laws by admitting students without meeting required standards. Despite CBSE’s warnings and withdrawal of provisional affiliation, the school sought permission for its Class X and XII …

DISTRICT REHABILITATION OFFICER AND ORS.versusJAY KISHORE MAITY AND ORS.

2006 INSC 817Disposed off

The Union Government launched a rehabilitation scheme for disabled persons, establishing District Rehabilitation Centres in several states and employing workers on state pay scales. The workers filed petitions before the Central Administrative Tribunal (CAT) claiming they were Central Government …

BHOGPUR CO-OP SUGAR MILLS LTD.versusHARMESH KUMAR

2006 INSC 818Appeal(s) allowed

Bhogpur Co‑op Sugar Mills Ltd, a seasonal sugar mill, hired Harmesh Kumar as a daily‑wage seasonal worker and later terminated his services at the end of the season. Kumar raised an industrial dispute under the Industrial Disputes Act, 1947, and the State referred the matter to the Labour Court …

INDIAN AIRLINES LID.versusPRABHA D. KANAN

2006 INSC 819Case Partly allowed

Prabha D. Kanan, an air hostess promoted to Deputy Manager at Indian Airlines Ltd., was arrested in 2002 for allegedly carrying undeclared foreign currency and her services were terminated on 9 August 2002 under Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations, which allows …

COMMISSIONER OF CENTRAL EXCISE, SURATversusM/S. ZANDU PHARMACEUTICAL WORKS LTD.

2006 INSC 820Dismissed

The respondent, Zandu Pharmaceutical Works Ltd., manufactured a hair oil called "Alma Lio" and initially classified it as an Ayurvedic medicament under SH 3003.39 of the Central Excise Tariff Act, 1985. The Commissioner of Central Excise issued a show‑cause notice alleging that the product should be …

JASWANT SINGH GILLversusM/S. BHARAT COKING COAL LTD. AND ORS.

2006 INSC 821Appeal(s) allowed

Jaswant Singh Gill, a chief general manager of Bharat Coking Coal Ltd., faced departmental proceedings for alleged shortage of coal. While the disciplinary inquiry was pending, he retired and applied for gratuity under the Payment of Gratuity Act, 1972, which was denied on the ground that his …

B.K. CHANNAPPAversusSTATE OF KARNATAKA

2006 INSC 822Disposed off

The case arose from a politically motivated attack in 1995 in which Basavarajaiah was killed and four others were injured. Twenty‑three persons were tried; the trial court convicted several under Section 302 IPC read with Section 149, while others were acquitted. The High Court affirmed the murder …

NATIONAL SMALL INDUSTRIES CORPN. LTD.versusV. LAKSHMINARAYANAN

2006 INSC 823Appeal(s) allowed

The respondent, V. Lakshminarayanan, joined National Small Industries Corp. Ltd. as a casual labourer in 1987 and was later appointed as an apprentice trainee (shop assistant) on 26 April 1990 for a two‑year training period. He was removed from service on 1 May 1992. The Labour Court held he was a …

SURESH CHANDRA JHAversusSTATE OF BIHAR AND ORS.

2006 INSC 824Case Partly allowed

The appellant and several others were appointed as assistants in a private engineering college under the Bihar Private Engineering College Control Act, 1990. The appellant was ranked 20th in the merit list, while respondent No.8 was ranked 43rd, but the respondent joined two days earlier. The State, …