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Judgments of 2006

1027 judgments · newest first · showing 201–400

STATE OF UTTARANCHALversusRAJESH KUMAR GUPTA

2006 INSC 826Dismissed

The State of Uttarakhand appealed against the High Court’s order granting bail to Rajesh Kumar Gupta, an Ayurvedacharya who was arrested for allegedly dispensing unlabelled tablets containing psychotropic substances such as phenobarbitone and chlorodiazepoxide, claimed to be herbal cures for …

STATE OF A.P.versusV. SARMA RAO AND ORS. ETC. ETC.

2006 INSC 827Dismissed

The State of Andhra Pradesh alleged a large‑scale fraud in the award of compensation under the Land Acquisition Act and sought a criminal inquiry under Section 340 of the CrPC. A District Judge conducted the inquiry, but the High Court held that the Subordinate Judge appointed under the Act was not …

MOHAN RAJversusDIMBESWARI SAIKIA & ANR

2006 INSC 828Appeal(s) allowed

Mohan Raj, then Superintendent of Police in Assam, was charged in a complaint for the killing of alleged extremists during ethnic violence in 1983. Under the Assam Amendment Act, 1983, the court was required to refer the matter to the State Government, which issued a certificate on 20‑Nov‑1985 …

AMRIT SINGHversusSTATE OF PUNJAB

2006 INSC 829Case Partly allowed

Amrit Singh was convicted of raping and murdering a 7‑8‑year‑old girl, Rajpreet Kaur, whose body was found bleeding profusely in his cotton field. The trial court and High Court sentenced him to death under IPC Sections 376 and 302, relying primarily on the "last seen together" testimony and …

GANGADHAR PILLAIversusM/S. SIEMENS LTD.

2006 INSC 830Dismissed

Gangadhar Pillai was engaged by Siemens Ltd. on a series of temporary contracts for project work from 1978 to 2000, each appointment ending when the specific project was completed. She claimed that the employer’s practice of repeatedly hiring her as a temporary worker for over two decades amounted …

CHAIRMAN, U.P. JAL NIGAM AND ANR.versusJASWANT SINGH AND ANR.

2006 INSC 831Disposed off

The Supreme Court considered a batch of appeals filed by the Uttar Pradesh Jal Nigam against High Court orders that had allowed retired employees, who had retired at the statutory age of 58, to continue service up to 60 years and claim two years' salary. The Court noted that a prior decision …

STATE OF HARYANA AND ORS.versusM.P. MOHLA

2006 INSC 832Dismissed

M.P. Mohla, a veterinary surgeon employed by the State of Haryana, claimed entitlement to a higher promotional pay scale under the Haryana Civil Services (Revised Pay) Rules, 1998 and the Assured Career Progression (ACP) Rules, 1998. The High Court allowed his writ petition, granting the higher pay, …

SHAKUNTALA CHANDRAKANT SHRESHTIversusPRABHAKAR MARUTI GARVALI AND ANR.

2006 INSC 833Dismissed

The deceased, a cleaner employed in a milk‑transport truck, suffered a sudden heart attack and died while alighting from the vehicle. His mother filed a claim under the Workmen's Compensation Act, 1923, alleging the death occurred in the course of employment. The Commissioner allowed the claim …

M/S SRINIVASA RICE MILLversusEMPLOYEES STATE INSURANCE CORPORATION

2006 INSC 834Case Partly allowed

MIS Srinivasa Rice Mill was brought under the Employees' State Insurance Act, 1948 on 1 August 2000. The ESIC had inspected the mill before that date and, based on the inspection, issued a show‑cause notice under section 85(g) threatening criminal prosecution for failure to pay contributions. The …

U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusSHIVAJI

2006 INSC 835Disposed off

The driver Shivaji was removed from service after a domestic inquiry that alleged he intentionally drove into a privately installed barrier, injuring a passenger. The Labour Court held the inquiry invalid but later found him guilty of serious misconduct and ordered termination. The High Court, …

M/S. PANDEY & CO. BUILDERS PVT. LTD.versusSTATE OF BIHAR AND ANR.

2006 INSC 837Dismissed

The appellant, Mis. Pandey & Co. Builders Pvt. Ltd., entered into a contract for canal repair work that contained an arbitration clause. Disputes arose and the appellant invoked arbitration, but the named arbitrator (the Superintending Engineer) retired and his successor delayed the proceedings. The …

SOHAN LAL JUNEJA AND ORS.versusSTATE OF PUNJAB

2006 INSC 811Disposed off

The appellants were charged in an FIR for alleged misappropriation of stock, which they claimed was essentially a civil dispute under arbitration. The Punjab and Haryana High Court granted interim protection under Section 438 of the CrPC, conditioning it on the deposit of Rs 10 lakh with the …

STATE OF KERALAversusKURISSUM MOOTTIL ANTONY

2006 INSC 812Appeal(s) allowed

The State of Kerala appealed the Kerala High Court’s acquittal of Kurissum Moottil Antony, who had been convicted under Sections 377 and 451 IPC for committing an unnatural offence on a ten‑year‑old girl. The High Court set aside the conviction on the ground that the victim’s testimony was not …

JAGANNATH AMINversusSEETHARAMA (DEAD) BY LRS. AND ORS.

2006 INSC 813Appeal(s) allowed

Jagannath Amin's mother filed a suit for partition of scheduled agricultural land, claiming she was a co‑owner and therefore in constructive possession of the property. The plaintiff argued that court fees should be computed under Section 35(2) of the Karnataka Court Fee and Suit Valuation Act, …

INDIAN AIRLINES LIMITEDversusCAPT. RAMAN DOULAGAR

2006 INSC 814Appeal(s) allowed

Indian Airlines Limited filed a transfer petition under Article 139-A(2) of the Constitution seeking to move a writ petition pending in the Madras High Court to the Delhi High Court, arguing that several other writ petitions involving identical issues were already pending there. The respondent …

ORIENT PAPER AND INDUSTRIES LTD.versusTHE STATE OF M.P. AND ORS.

2006 INSC 815Appeal(s) allowed

Orient Paper & Industries Ltd., a paper manufacturer, brought bamboo— a notified agricultural produce—into the Madhya Pradesh market area as raw material for paper production. The Market Committee levied a market fee under Section 19(1)(ii) of the M.P. Krishi Upaj Mandi Adhiniyam, 1972, claiming the …

RANJIT SINGH AND CO.versusSTATE OF PUNJAB

2006 INSC 816Disposed off

The case concerned the murder of Harbhajan Kaur, who died from burn injuries allegedly inflicted by members of her in‑law family. The prosecution’s case rested on two dying declarations made by the deceased, which contained inconsistencies regarding the roles of various accused. The Supreme Court …

STATE OF ASSAM AND ANR.versusM/S. ABHINANDAN TRADING (P) LTD. AND ANR.

2006 INSC 804Appeal(s) allowed

The State of Assam invited tenders under Rule 91 of the Assam Excise Rules, 1945 for the exclusive supply of potable alcohol to its excise warehouse, specifying that the contract would be awarded to a tenderer within a "viable range" determined by the Excise Commissioner. Five tenders were …

M/S. HOTEL KINGS AND ORS.versusSARA FARHAN LUKMANI AND ORS.

2006 INSC 805Disposed off

The owners of a plot of land (Hotel Kings) leased the land to a company which assigned the lease to Yashdhir Hotels. The lease deed expressly required monthly rent, but the lessee argued that rent was payable every six months because rates and taxes, payable by the lessee, formed part of the rent. …

SHIVANNA AND ORS.versusSTATE OF KARNATAKA

2006 INSC 806Case Partly allowed

The appellants, Shiv Anna and others, were convicted for the murder of Mahadevappa and related offences arising from a land‑dispute in which they entered the disputed field and assaulted the deceased and his relatives, resulting in Mahadevappa's death. The appellants appealed, claiming that they …

NEW INDIA ASSURANCE CO. LTD.versusSATENDER AND ORS.

2006 INSC 807Appeal(s) allowed

A nine‑year‑old child was killed by a truck insured by New India Assurance. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accidents Claims Tribunal (MACT) awarded Rs 4,45,000 as compensation, calculating a notional income of Rs 30,000 per annum and …

RAYTHARA SAHAKARI BANK LTD.versusCHANDRAKALA R. DAS

2006 INSC 808Case Partly allowed

The appellant bank had given jewellery loans and the pledged gold ornaments were stolen. The bank convened a meeting of over 400 borrowers and resolved to pay the value of the stolen gold at Rs.410 per gram with no interest, a rate accepted by all borrowers except the complainant, who demanded …

M/S. TATA ENGINEERING AND LOCOMOTIVE COMPANY LIMITEDversusN.K. SINGH

2006 INSC 809Appeal(s) allowed

The respondent, N.K. Singh, an Assistant Store Keeper, was found to have occupied company quarters without permission and assaulted the Town Warden during the execution of an eviction decree, leading to an FIR under IPC sections 311, 307 and 34. A domestic inquiry under the company's standing orders …

BHAGWANDAS TIWARI AND ORS.versusDEWAS SHAJAPUR KSHETRIYA GRAMIN BANK & ORS.

2006 INSC 810Disposed off

The Dewas Shajapur Kshetriya Gramin Bank issued a promotion policy for Junior Management Grade I officers, stating that promotion to Middle Management II would be on a seniority‑cum‑merit basis, with a circular prescribing a minimum of 45 marks out of 100 for selection. Ten officers challenged the …

RELIANCE AIRPORT DEVELOPERS PVT. LTD.versusAIRPORTS AUTHORITY OF INDIA AND ORS.

2006 INSC 791Dismissed

Reliance Airport Developers Pvt. Ltd. (RAL) challenged the award of Delhi and Mumbai airport privatization contracts to GMR and GVK, alleging that the Empowered Group of Ministers (EGOM) improperly altered the Request for Proposal (RFP) criteria, lowered the technical qualification benchmark and …

SHASHIKANTversusCENTRAL BUREAU OF INVESTIGATION AND ORS.

2006 INSC 792Dismissed

Shashikant, a railway employee, lodged an anonymous complaint with the Central Bureau of Investigation (CBI) alleging corruption by several officers. The CBI conducted a preliminary inquiry without registering a First Information Report (FIR) and recommended departmental action, which was carried …

UNION OF INDIA AND ORS.versusM/S ASIAN FOOD INDUSTRIES

2006 INSC 793Disposed off

The Central Government issued a notification on 27 June 2006 banning the export of pulses and a subsequent notification on 4 July 2006 permitting export against irrevocable letters of credit opened before 22 June 2006. Exporters who had already obtained Let‑Export orders and complied with Section 51 …

STATE OF RAJASTHANversusKASHI RAM

2006 INSC 794Appeal(s) allowed

The State of Rajasthan charged Kashi Ram with the murder of his wife and two infant daughters, alleging that the victims were last seen alive with him on 3 February 1998 and that the house was found locked thereafter, with the bodies discovered on 6 February. The trial court convicted him based on …

COMMISSIONER OF CUSTOMS AND ORS.versusVASANT MAGALAN CHOKSHI AND ORS.

2006 INSC 795Dismissed

Customs authorities seized 78 gold bars in 1998, alleging clandestine import and issued show‑cause notices under Sections 111(d) and 112(a) of the Customs Act. The Commissioner initially ordered confiscation of all bars, but the Customs, Excise and Gold (Control) Appellate Tribunal set aside that …

PURUSHOTTAM AND ANRversusSHIVRAJ FINE ART LITHO WORKS AND ORS

2006 INSC 796Appeal(s) allowed

The Supreme Court examined an appeal by Purushottam (and others) against Shivraj Fine Art Litho Works concerning a suit filed by an unregistered partnership firm to recover sums owed for goods supplied before the firm’s registration. The High Court had dismissed the suit, holding it barred under …

VASU DEV SINGH AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 797Appeal(s) allowed

The appellants, tenants in Chandigarh, challenged a 7 November 2002 notification issued by the Administrator under Section 3 of the East Punjab Urban Rent Restriction Act, 1949, which exempted buildings and rented land with monthly rent exceeding Rs.1500 from the Act's provisions. The High Court had …

OIL AND NATURAL GAS CORPORATION LTD.versusM/S. NIPPON STEEL CORPORATION LTD.

2006 INSC 798Appeal(s) allowed

The Supreme Court examined whether the filing of an arbitration award by M/s Little & Co., acting as the arbitrator's agent, constituted statutory notice to Oil & Natural Gas Corporation Ltd. (ONGC) under Section 14(2) of the Arbitration Act, 1940, and when the limitation period for setting aside …

DEPOT MANAGER, A.P.S.R.T.C.versusREGHUDA SIVA SANKAR PRASAD

2006 INSC 799Appeal(s) allowed

The respondent, a long‑serving employee of the Andhra Pradesh State Road Transport Corporation (APSRTC), was charged with four instances of theft in 1986 and admitted to the misconduct. A departmental enquiry found him guilty and the Labour Court (Industrial Tribunal) ordered his removal from …

M/S PALLAVA GRANITE INDUSTRIES (INDIA) PVT. LTD.versusUNION OF INDIA AND ORS.

2006 INSC 800Dismissed

The case concerned several Government Orders (G.O.s) relating to the lease of surplus agricultural lands in Andhra Pradesh for mining galaxy granite. The appellants argued that G.O. No.1290, which earmarked land for mining leases to private firms, created a vested right that could not be withdrawn, …

COMMERCIAL TAXES OFFICER, JODHPURversusM/S. VISHNU METALS

2006 INSC 790Appeal(s) allowed

Vishnu Metals, a manufacturer of stainless steel sheets, expanded its installed capacity and claimed a sales‑tax exemption under the Rajasthan Sales Tax New Incentive Scheme, 1989, on the ground that its total production—including job‑work performed for others—had increased by more than 25% of the …

RAMCHANDRA MAHADEV JAGPAT AND ORS.versusCHIEF EXECUTIVE OFFICER AND ORS.

2006 INSC 801IA disposed

The case concerned a slum‑rehabilitation scheme in Vile Parle where Mis Sigtia Construction Co. Ltd. (S) had been appointed developer by the co‑operative housing society. While S was awaiting a Letter of Intent (LOI) from the Slum Rehabilitation Authority (SRA), slum dwellers filed writ petitions …

BHARAT HEAVY ELECTRICALS LTD.versusANIL AND ORS.

2006 INSC 802Disposed off

Fourteen garden workers employed by a contractor for Bharat Heavy Electricals Ltd. (BHEL) had their services terminated by the contractor on 1 December 1988 without complying with Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. They filed an individual dispute under Section 2‑A, …

B. NOHAversusSTATE OF KERALA AND ANR.

2006 INSC 787Dismissed

B. Noha, a Health Inspector, was accused of demanding and accepting illegal gratuities from a push‑cart owner while performing his official duties. The trial court convicted him under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to three years’ …

VENKATEGOWDA AND ORS.versusSTATE OF KARNATAKA

2006 INSC 788Case Partly allowed

The incident occurred on 4 November 1986 when five accused assaulted two injured witnesses and the deceased, who later died. The FIR was lodged the next day, and the key witnesses gave their testimony ten years later, leading to minor discrepancies in their accounts. The trial court acquitted all …

DHARAMRAJ AND ORS.versusCHHITAN AND ORS.

2006 INSC 789Dismissed

The dispute concerned co‑tenancy rights over land recorded in Khata No. 111 in Faizabad, Uttar Pradesh. The appellants claimed ancestral rights based on a pedigree tracing back to the original ancestor Saltanati, while the respondents asserted exclusive rights as successors of Adhin, whose name was …

NARMADA PD. YADAVversusSTATE OF M.P. AND ORS.

2006 INSC 786Appeal(s) allowed

The appellant, a Head Constable, was charged with illegally detaining a person and demanding a bribe of Rs.1,000 for the return of the person's belongings. The disciplinary authority dismissed him, but the appellate authority reduced the penalty to a two‑year demotion to Constable, a decision …

STATE OF MADHYA PRADESHversusSHAMBHU DAYAL NAGAR

2006 INSC 782Appeal(s) allowed

Assistant Sub-Inspector Shambhu Dayal Nagar was trapped after agreeing to accept a bribe of Rs.3500 from complainant Badan Singh. The money, smeared with phenolphthalein powder, was recovered from the accused's upper right pocket of his uniform shirt and the powder transfer was demonstrated by a …

JAGMODHAN MEHATABSING GUJARAL AND ORS.versusSTATE OF MAHARASHTRA

2006 INSC 783Disposed off

The appellants were charged with large‑scale theft of electricity after a surprise raid by State Electricity Board officials uncovered meter tampering and bypassing that concealed consumption of substantial power. They were convicted under Sections 39 and 44 of the Indian Electricity Act, 1910, …

USHA AGARWALversusUNION OF INDIA AND ORS.

2006 INSC 784Dismissed

Sandip Agarwal, director of a company that enjoyed duty‑free import benefits under the DEEC scheme, was found to have diverted the imported goods to the domestic market, constituting smuggling. He was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling …

RANBAXY LABORATORIES LTD.versusMUNICIPAL COUNCIL, ROPAR

2006 INSC 785Disposed off

Ranbaxy Laboratories Ltd had been paying octroi duty on commercial heavy chemicals under Entry 40(a) of the Punjab Municipal Committee Act for 13 years. The Municipal Council of Ropar sought to re‑classify the same chemicals under Entry 40(e), which carries a higher rate, without any change in …

REGIONAL MANAGER, SBI.versusMAHATMA MISHRA

2006 INSC 773Appeal(s) allowed

Mahatma Mishra was appointed by the State Bank of India as a temporary messenger for a fixed period of 88 days in 1982 and was terminated thereafter. He claimed that the termination violated Section 25‑H of the Industrial Disputes Act, 1947 and sought reinstatement with full back wages. The Labour …

MANISH RATAN AND ORS.versusSTATE OF M.P. AND ORS

2006 INSC 774Appeal(s) allowed

Manish Ratan and others were accused of dowry harassment and ill‑treatment of their wife, who lived in Jabalpur. The complainant lodged a FIR at Datia police, alleging that the offences occurred at Jabalpur, and the case was tried by the Chief Judicial Magistrate, Datia. The appellants challenged …

VITHALversusSTATE OF MAHARASHTRA

2006 INSC 775Dismissed

The appellant Vithal was convicted of murder (IPC s.302) for allegedly pouring kerosene on the deceased Vishwanath and setting him alight, causing 98% burn injuries. Four dying declarations of the deceased were recorded by police officers and an executive magistrate; all named the appellant and were …

STATE OF U.P. AND ORS.versusHARIHAR BHOLE NATH

2006 INSC 776Appeal(s) allowed

Harihar Bhole Nath, a Deputy Inspector General of Registration, was charged in 1993 with misconduct causing financial loss to the Government and was suspended by order of the Governor. Although the suspension was stayed, he retired on 31 March 1993. A departmental enquiry was later initiated on 4 …

MANAGEMENT OF KSRTC TH. CHIEF LAW OFFICERversusR. KRISHNA REDDY

2006 INSC 777Dismissed

The Karnataka State Road Transport Corporation (KSRTC) had a settlement with its employees that tied the rate of Dearness Allowance (DA) to the rates sanctioned by the State Government and required any merger of DA with basic pay to be considered for calculating gratuity. The State Government issued …

MATHURA PRASADversusUNION OF INDIA AND ORS.

2006 INSC 778Appeal(s) allowed

Mathura Prasad, a casual labourer, was shortlisted for regularisation and his service card was sent for verification, where it was deemed fake. A departmental inquiry was held, but the inquiry officer’s report did not clearly state whether the card was genuine. The disciplinary authority sent a …

SHEKHAR GHOSHversusUNION OF INDIA & ANR.

2006 INSC 779Appeal(s) allowed

The appellant, a railway employee, was promoted from Khalasi to Junior Clerk and later Senior Clerk, but was later repatriated to his original post of Khalasi on the basis of a complaint by four colleagues alleging irregular promotion. The authorities claimed a mistake in the service record and …

RAJESH KUMAR AND ORS.versusD.C.I.T. AND ORS.

2006 INSC 780Appeal(s) allowed

The appellants, assessees under the Income Tax Act, were subjected to a raid that uncovered two separate sets of books of accounts, prompting the Deputy Commissioner to propose a special audit under Section 142(2A). The Commissioner approved the proposal without giving the appellants any notice or …

SHYAMALI DASversusILLA CHOWDHRY AND ORS.

2006 INSC 781Dismissed

The appellant, Shyamali Das, claimed ownership of land acquired by the West Bengal Housing Board and filed a suit for injunction and declaration of title. She also sought to be impleaded in the reference proceedings under the Land Acquisition Act, but the Land Acquisition Judge dismissed her …

RAJASTHAN HOUSING BOARD AND ANR.versusG.S. INVESTMENTS AND ANR.

2006 INSC 766Appeal(s) allowed

The Rajasthan Housing Board conducted an auction of commercial plots in 2002, where G.S. Investments was the highest bidder. After a news report alleged that the auction was bungled and prices were far below market rates, the State Government, exercising powers under Section 60 of the Rajasthan …

KENDRIYA VIDYALAYA SANGATHANversusARUN KUMAR MADHAVRAO SINDDHAYE AND ANR

2006 INSC 767Appeal(s) allowed

The respondent, a temporary Physical Education teacher in a Kendriya Vidyalaya, was accused of corporal punishment after a parent complained. The school conducted a fact‑finding enquiry, recorded statements of students and the teacher’s limited participation, and the enquiry officer recommended …

NATHU@ PARAS RAMversusSTATE OF RAJASTHAN

2006 INSC 769Directions issued

A prisoner, Nathu @ Parasram, filed a Special Leave Petition (SLP) from jail, attaching a certified copy of the High Court judgment. The Supreme Court Registry delayed the first listing by sending for records from lower courts and awaiting translation of vernacular documents into English. The Court …

SUKUMARROYversusSTATE OF WEST BENGAL

2006 INSC 770Dismissed

The deceased, Prafulla Nayak, was collecting seedlings from a disputed plot of land when Sukumar Roy, his father, wife and sister‑in‑law entered the field armed with a lathi and a bhali. An altercation ensued and Sukumar struck the deceased on the abdomen with the bhali, causing a deep penetrating …

STATE CBIversusSASHI BALASUBRAMANIAN AND ANR.

2006 INSC 771Appeal(s) allowed

The case arose from allegations of irregularities in the grant of an advance licence for import of cotton fabrics, leading to a criminal complaint against a company, its directors and four public servants under the IPC, Prevention of Corruption Act and Customs Act. The company and its directors …

STATE OF MAHARASHTRA AND ORS.versusRAVI PRAKASH BABULALSING PARMAR & ANR.

2006 INSC 749Appeal(s) allowed

The State of Maharashtra appealed against a High Court order that had set aside the cancellation of a Scheduled Tribe (ST) certificate issued to Ravi Prakash BabulalSing Parmar, holding that the Caste Scrutiny Committee lacked jurisdiction to inquire into the validity of the certificate and could …

M. RAJAversusCEERI EDUCATIONAL SOCIETY PILANI & ANR.

2006 INSC 748Dismissed

The appellant, a trained graduate teacher, was offered a post with pay protection and later joined the school. He claimed that the school was bound to grant him the revised pay scale of the Fifth Central Pay Commission retrospectively from his date of appointment, invoking promissory estoppel based …

M/S. B.S.N. JOSHI AND SONS LTD.versusNAIR COAL SERVICES LTD. AND ORS.

2006 INSC 750Appeal(s) allowed

Maharashtra State Power General Co. (MAHAGENCO) issued a notice inviting tenders for coal liaison services. Four firms submitted bids; the Board accepted the bid of M/s B.S.N. Joshi & Sons Ltd. (the appellant) despite objections from three other bidders that the appellant failed to meet essential …

PANDIT D. AHERversusSTATE OF MAHARASHTRA

2006 INSC 751Dismissed

The appellant, a Block Development Officer, was charged with serious misconduct causing a loss of Rs 2,85,658 to the government. A departmental inquiry found him guilty and imposed forfeiture of his entire pension and gratuity and ordered recovery of the loss. The appellant challenged the …

ALL INDIA ITDC WORKERS UNION AND ORS.versusITDC & ORS.

2006 INSC 752Disposed off

The petitioners, employees of ITDC's Hotel Agra Ashok, challenged the Government of India's decision to disinvest the hotel by selling it to a private party, alleging the sale price was too low, the transfer of their services without consent violated Articles 14, 21 and 311, and that the Voluntary …

FOOD CORPORATION OF INDIAversusM/S. A.M. AHMED & CO. AND ANR.

2006 INSC 753Case Partly allowed

The Food Corporation of India (FCI) awarded a contract to A.M. Ahmed & Co. for cargo‑handling services without an escalation clause. During the contract, the State Government raised statutory wages, and the contractor sought additional payment for the increased labour cost. An arbitrator was …

PARAMJEET SINGH PATHEJAversusICDS LTD.

2006 INSC 755Appeal(s) allowed

Paramjeet Singh Patheja, a guarantor, challenged an insolvency notice issued under Section 9(2) of the Presidency Towns Insolvency Act, 1909 on the basis of an arbitration award rendered under the Arbitration and Conciliation Act, 1996. The High Court had held that the award constituted a decree for …

R.K. AGRAWALversusSTATE OF RAJASTHAN AND ANR.

2006 INSC 756Disposed off

R.K. Agrawal filed a writ petition seeking pension for the period 26 July 1979 to 22 July 1982 and interest on delayed payment. The Rajasthan High Court granted the pension but denied interest, and did not rule on Agrawal's claim for a pro‑rata pension under Rule 158 of the Rajasthan Service Rules, …

CHHABIL DASversusPAPPU

2006 INSC 758Dismissed

The mother of the deceased plaintiff filed a suit for permanent injunction against the appellant, claiming possession of land inherited from her husband. The plaintiff died and the appellant, an adopted son, was substituted as legal heir. The trial court dismissed both the suit and the counter‑claim …

SHYAMAL KUMAR ROYversusSUSHIL KUMAR AGARWAL

2006 INSC 759Dismissed

Shymal Kumar Roy and Sushil Kumar Agarwal entered into a development agreement in 1995. The agreement was exhibited as evidence in a suit for specific performance on 17‑02‑2003 without any objection. Two years later, Roy sought to have the document impounded under Section 38 of the Indian Stamp Act, …

SANDEEP KUMAR AND ORS.versusMASTER RITESH AND ORS.

2006 INSC 760Appeal(s) allowed

The appellants, shareholders of Dev Papers Ltd., filed a suit against several defendants. An arbitration agreement existed between the appellants and some, but not all, of the defendants. The appellants amended the plaint to delete the names of those defendants who were parties to the arbitration …

JASBIR SINGHversusPUNJAB & SIND BANK AND ORS.

2006 INSC 761Appeal(s) allowed

Jasbir Singh, a peon employed by Punjab & Sind Bank, was accused of embezzling Rs 25,000, forging a depositor's signature and tampering with bank records. He faced a criminal trial under IPC §§ 409 and 201 and was acquitted, and a civil recovery suit filed by the bank was also decided in his favour, …

M/S. CRAFT INTERIORS PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, BANGALORE & ANR.

2006 INSC 762Appeal(s) allowed

Craft Interiors Pvt. Ltd. installed storage units, kitchen counters, running counters and large reception tables as part of turnkey interior projects. The Central Excise authorities treated these items as "furniture" under Tariff Item 9403 of the Central Excise Tariff Act, 1985 and levied excise …

THE GOVERNMENT OF ANDHRA PRADESH AND ORS.versusA. VENKATA RAYUDU

2006 INSC 763Dismissed

The Government of Andhra Pradesh dismissed A. Venkata Rayudu, a former General Manager of the Andhra Pradesh Scheduled Tribes Cooperative Finance Corporation, on four misconduct charges relating to the deposit and withdrawal of funds in cooperative and private banks. The primary charge alleged that …

BANSHI DHARversusSTATE OF RAJASTHAN AND ANR.

2006 INSC 764Dismissed

Banshidhar, a Patwari, was suspended in 1976 on allegations of accepting illegal gratification and was convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the IPC. He was dismissed in 1987 but later acquitted by the appellate court in 2001. By the time of his …

M.P. WAKF BOARDversusSUBHAN SHAH (D) BY LRS. AND ORS.

2006 INSC 765Disposed off

The Madhya Pradesh Wakf Board had declared a Dargah property as Wakf and constituted a managing committee. Private parties, claiming inheritance of the land, challenged the Board's orders and the Wakf registration, leading to a civil suit that was transferred to the Madhya Pradesh Wakf Tribunal …

JAIPUR DEVELOPMENT AUTHORITYversusRAM SAHAI AND ANR .

2006 INSC 772Case Partly allowed

The Jaipur Development Authority (JDA), a State entity, terminated the services of daily‑wage worker Ram Sahai on 1 July 1987. Sahai had not completed 240 days of continuous service and the Labour Court held that JDA had violated Sections 25G and 25H of the Industrial Disputes Act, 1947, ordering …

STATE OF A.P.versusSMT. PRAMEELA MODI AND ORS

2006 INSC 746Dismissed

The dispute concerned a 3.27‑gunta parcel in Khairatabad village, originally granted to Smt. Prameela Modi by a supplementary Sethwar issued by the Nizam government in 1947 and subsequently confirmed by various revenue authorities. The State of Andhra Pradesh later claimed the land as Government …

M. NAGARAJ AND ORS.versusUNION OF INDIA AND ORS

2006 INSC 711Reference answered

The petitioners challenged the Constitution (Seventy‑Seventh), (Eighty‑First), (Eighty‑Second) and (Eighty‑Fifth) Amendment Acts, which inserted Article 16(4A) (reservation in promotion for SC/STs with consequential seniority), Article 16(48) (exclusion of carry‑forward vacancies from the 50% …

SAMGHAJI HARIBA PATILversusSTATE OF KARNATAKA

2006 INSC 715Appeal(s) allowed

The appellant, Samghaji Hariba Patil, was charged under IPC sections 302, 307, 504 r/w 34 for the murder of Murugappa during a land‑related quarrel. The trial court acquitted him, finding that the prosecution had not proved his motive, that the alleged weapon (a hammer) was not typical for …

GURPREET SINGHversusUNION OF INDIA

2006 INSC 712Reference answered

Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule …

KISHANSING TOMARversusMUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD AND ORS.

2006 INSC 713Disposed off

The Chairman of the Standing Committee of Ahmedabad Municipal Corporation (AMC) feared a delay in elections to the new municipal body whose term was due to expire on 15 October 2005, and filed a writ petition seeking a mandamus directing the State Election Commission and the State Government to hold …

THIRUNAVUKARASU MUDALIAR (DEAD) BY LRS.versusGOPAL NAIDU (DEAD) BY LRS.

2006 INSC 716Appeal(s) allowed

The landlord filed an eviction suit and the tenant invoked Section 9 of the Madras City Tenants' Protection Act, 1921 seeking a court‑ordered sale of the suit‑land. The trial court fixed a price and a six‑month payment schedule; the tenant made only partial payments. On appeal the appellate court …

MAJOR SINGH AND ANR.versusSTATE OF PUNJAB

2006 INSC 717Disposed off

Major Singh and Baldev Singh were convicted of murdering Kashmir Singh by severing his head, allegedly motivated by suspicion that Kashmir had caused the death of their sister Sukhwinder Kaur. The prosecution relied on the eyewitness testimony of Lakhbir Singh, who identified the accused under …

STATE OF MADHYA PRADESHversusMUKESH AND ORS.

2006 INSC 718Disposed off

The State of Madhya Pradesh charged three reservation clerks with abetting Suresh Shah in the illegal procurement and sale of railway tickets under Sections 143(1) and 143(2) of the Railways Act, 1989. Shah was arrested with a large number of tickets and cash, but later absconded, and the clerks …

R. SUNDARARAJANversusSTATE BY D.S.P., SPE, CBI, CHENNAI

2006 INSC 719Dismissed

The appellant, a Group D public servant at the Chennai Harbour Telephone Exchange, demanded and accepted a bribe of Rs.1500 for securing a permanent telephone connection for a subscriber. He was caught red‑handed in a police‑arranged trap, leading to a charge sheet under the Prevention of Corruption …

ANIL SINGH AND ANR.versusSTATE OF BIHAR AND ORS.

2006 INSC 720Case Partly allowed

The appellants, Anil Singh and another, were named in an FIR for the murder of Ranjit Singh but the investigating officer filed a final report clearing them, which the magistrate accepted, and no chargesheet was filed against them. During the trial, witness testimony implicated the appellants, …

SUBHASH MARUTI AVASAREversusSTATE OF MAHARASHTRA

2006 INSC 721Dismissed

The appellant, accused No.3, was convicted of murder under Section 302 IPC for the killing of Baban, based on eyewitness testimony of the deceased's mother (PW‑1) and other prosecution witnesses. The appellant claimed an alibi, asserting he was unable to walk due to a compound fracture and relied on …

PRABHAT KUMAR SHARMAversusUNION PUBLIC SERVICE COMMISSION AND ORS.

2006 INSC 722Dismissed

Prabhat Kumar Sharma, a member of the Lohar community in Bihar, claimed Scheduled Tribe status to obtain reservation benefits in the Civil Services examinations. The UPSC initially allowed him to appear as a Scheduled Tribe candidate based on a High Court direction, but later treated him as an Other …

T. VIJAYALAKSHMI AND ORS.versusTOWN PLANNING MEMBER AND ANR.

2006 INSC 723Appeal(s) allowed

The appellants, owners of land converted for non‑agricultural use within a residential zone, applied to the Bangalore Development Authority (BDA) for sanction of a building plan on 29‑Nov‑2004. The BDA delayed the application and eventually rejected it, stating that the land fell in a "Valley Zone" …

UNION OF INDIA AND ORS.versusJUMMASHA DIWAN

2006 INSC 724Appeal(s) allowed

The respondent, a daily‑wage casual worker on a railway electrification project, was retrenched when the project closed and received compensation under Section 25‑F of the Industrial Disputes Act, 1947. He challenged the retrenchment, claiming 1,060 days of continuous service that should have given …

COMMISSIONER OF CUSTOMS, BANGALOREversusM/S SPICE TELECOM, BANGALORE

2006 INSC 714Dismissed

Spice Telecom imported 30 radio terminals in 1998 and claimed exemption from customs duty under Notification No. 11/97 (as amended) which exempts BTS ancillary equipment. The Revenue argued that the radio terminals are independent equipment and not ancillary, rejecting the claim. The Customs …

SURESH PATHRELLAversusORIENTAL BANK OF COMMERCE

2006 INSC 726Dismissed

The appellant, a Chief Manager of Oriental Bank of Commerce, was dismissed after an enquiry found him guilty of misappropriating Rs.10 lakh by opening a fraudulent account and transferring the funds to three third parties. The appellant challenged the dismissal, arguing that no loss was suffered by …

COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, A.P.versusSURESH JHUNJHUNWALA AND ORS.

2006 INSC 727Appeal(s) allowed

The appellants, exporters of garments under the Duty Entitlement Pass Book (DEPB) scheme, filed shipping bills claiming export benefits, but the goods were intercepted and found to be cheap garments grossly mis‑declared and heavily over‑invoiced. The Commissioner of Customs ordered confiscation of …

UNION OF INDIA AND ANR.versusS.D. BANDHOPADHYAY AND ORS.

2006 INSC 728Appeal(s) allowed

The case concerned draughtsmen employed in the Ordnance Factories who had received a pay‑scale uplift under an Office Memorandum (OM) dated 13‑Mar‑1984, which was based on educational qualifications. A later OM dated 19‑Oct‑1994 revised pay scales on the basis of length of service and the …

KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusSAJAL KUMAR ROY AND ORS.

2006 INSC 730Appeal(s) allowed

Kendriya Vidyalaya Sangathan (KVS) advertised eight Lower Division Clerk vacancies with an upper age limit of 25 years, relaxable only for specified categories. Four applicants, including Sajal Kumar Roy, were over‑aged and not members of Scheduled Castes, Scheduled Tribes, or other exempt …

STATE OF RAJASTHANversusSARJEET SINGH AND ANR.

2006 INSC 731Appeal(s) allowed

The State of Rajasthan and a Gram Panchayat jointly implemented the "Jal Pradyot Vojna" water‑supply scheme, under which the Gram Panchayat hired Sarjeet Singh as a pump driver on a fixed‑term contract that was extended until the scheme’s completion on 7 Nov 1997. When the scheme ended, his services …

SRI ANAND HANUMATHSA KATAREversusADDITIONAL DISTRICT MAGISTRATE AND ORS

2006 INSC 732Dismissed

The Supreme Court examined a habeas corpus petition challenging a detention order passed under the Karnataka Prevention of Dangerous Activities of Boot‑Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985. The order was issued on 7 Oct 2005, approved by …

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTDversusM/S PARAMOUNT POLYMERS PVT. LTD.

2006 INSC 733

M.L.L.C. Steels, a consumer of electricity, defaulted on dues and had its supply disconnected. The undertaking was taken over by the Haryana Financial Corporation and sold "as is where is" to Paramount Polymers. After the sale, the electricity board (Dakshin Haryana Bijli Vitran Nigam Ltd.) …

SHANAKR DEB ACHARYAND ORS.versusBISWANATH CHAKRABORTY AND ORS.

2006 INSC 734

The appellants (Sankar Deb Acharya & Ors.) and the respondents (Biswanath Chakraborty & Ors.) were recruited on a temporary basis through the West Bengal Public Service Commission. The dispute concerned inter‑se seniority and promotion under the merit‑cum‑seniority policy, specifically whether …

KUMARAN SILK TRADE (P) LTD.versusDEVENDRA AND ORS.

2006 INSC 735Dismissed

Kumaran Silk Trade (P) Ltd. obtained a sanctioned plan for a basement, parking, ground floor and three upper floors but illegally constructed additional floors 4, 5 and 6, violating building bye‑laws and the plan. A contempt application was filed and the Madras High Court ordered status‑quo on 2 …

YUVARAJ AMBAR MOHITEversusSTTE OF MAHARASHTRA

2006 INSC 736Dismissed

The appellant, a Judo Karate teacher, was accused of murdering his foster sister-in-law after a dispute involving another autorickshaw driver. The prosecution relied on circumstantial evidence, notably that the deceased was last seen with the appellant, and the testimony of three witnesses, …

COMMISSIONER EXCISE AND ANR.versusMANOJ ALI AND ANR.

2006 INSC 737Dismissed

The Commissioner of Excise cancelled the wholesale and retail licences of Manoj Ali (respondent) and forfeited his security on the ground that a large quantity of IMFL and beer was seized from a room in the premises, which the department claimed was under his possession. The respondent contended …

KU. RASHMI MISHRAversusMADHYA PRADESH PUBLIC SERVICE COMMISSION AND ORS.

2006 INSC 738Dismissed

Ku Rashmi Mishra, a qualified candidate for the post of Assistant Registrar in a Madhya Pradesh State University, was not selected among 17 candidates chosen by the State Public Service Commission. She filed a writ petition under Article 226 challenging the selection, alleging favoritism and that …

BALDEV SINGHversusSHINDER PAL SINGH AND ANR.

2006 INSC 739Appeal(s) allowed

In the Gram Panchayat election for Sarpanch, both candidates received 412 votes and the Returning Officer, after a draw of lots with written consent, declared Baldev Singh elected. The defeated candidate, Shinder Pal Singh, filed an election petition alleging irregularities, including a torn consent …

M/S BAY BERRY APARTMENTS PVT. LTD. AND ANR.versusSHOBHA AND ORS.

2006 INSC 740

The testator executed a 1932 Will granting his sons only a life interest in certain properties, with absolute succession to their heirs after death. In 1975 the son, then a minor at the time of the Will, and his own son sold the property to the appellants, although they possessed only a life …

UNION OF INDIAversusB. VALLUVAN AND ORS.

2006 INSC 741Appeal(s) allowed

The Union of India appointed a Selection Committee to fill three pharmacist vacancies in 1999 and, besides selecting three candidates for immediate appointment, prepared a list of 19 candidates for future vacancies. The panel was cancelled after the three posts were filled, but several aggrieved …

HARDEV MOTOR TRANSPORTversusSTATE OF M.P. AND ORS.

2006 INSC 742Appeal(s) allowed

Hardey Motor Transport, a holder of contract‑carriage permits, was alleged to be using its buses as stage‑carriage vehicles. The vehicles were detained and the State demanded duty as if the buses were being plied without any permit, even though the appellants had already paid tax at the higher rate …

B. VENKATAMUNIversusC.J.YODHYA RAM SINGH AND ORS.

2006 INSC 743Appeal(s) allowed

The case concerned the validity of an unregistered will executed by an unmarried woman, Akkayamma, bequeathing her property to one of the children of her paramour, Jai Singh. The trial court and a single High Court judge rejected the will, citing nine (later twelve) suspicious circumstances …

ADISHWAR JAINversusUNION OF INDIA AND ANR.

2006 INSC 744Appeal(s) allowed

The appellant, Managing Director of an exporting company, was alleged to have misdeclared the value and description of alloy steel exports and to have routed excess proceeds through hawala, leading to investigations by the Directorate of Revenue Intelligence. He was arrested in October 2003, …

PRITHIPAL SINGHversusSTATE OF PUNJAB AND ORS.

2006 INSC 745Appeal(s) allowed

Sub‑Inspector Prithipal Singh was dismissed on a charge of grave misconduct for allegedly letting a smuggler off after taking money. The appellate authority set aside the dismissal, reinstated him and a departmental inquiry was held, which found the charges unproved and the disciplinary proceeding …

STATE OF U.P. AND ORS.versusVAM ORGANIC CHEMICALS LTD. AND ORS.

2006 INSC 708Disposed off

The State of Uttar Pradesh appealed against Vam Organic Chemicals Ltd., alleging that no payments had been made by the assessee due to stays and bank guarantees, and therefore no refund was due. The respondents filed interlocutory applications asserting that, contrary to the earlier finding, certain …

STATE OF PUNJAB AND ANR.versusBALKARAN SINGH

2006 INSC 709Appeal(s) allowed

Three officers of the Punjab Agricultural Department filed suits in 1993 seeking a declaration that an endorsement dated 13‑Mar‑1980, which fixed their pay at Rs.940‑1850, was illegal and that they were entitled to the higher Deputy Director scale of Rs.1200‑1850, along with arrears and seniority …

AVTAR SINGH HITversusDELHI SIKH GURDWARA MANAGEMENT COMMITTEE AND ORS

2006 INSC 707Dismissed

The Delhi Sikh Gurdwara Management Committee held elections for its Executive Board on 19 December 2005, but the petitioner claimed confusion over the meeting date prevented his participation. He filed writ petitions under Article 226 of the Constitution challenging the validity of the election, …

STATE OF HARYANAversusDILBAGH SINGH

2006 INSC 710Dismissed

The respondent, Dilbagh Singh, a Beldar in the Public Works Department, was terminated on 25‑December‑1999. A dispute under the Industrial Disputes Act, 1947 was referred to the Labour Court, which held that his termination violated Sections 25‑G and 25‑H because junior employees remained in …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2006 INSC 704Disposed off

The Supreme Court examined a public‑interest litigation concerning the proposed International Hotel Complex on 315 hectares in Vasant Kunj, Delhi. Earlier orders had declared 92 hectares of the site a "constraint area" and required environmental clearance under the Environment (Protection) Act, 1986 …

UNION OF INDIAversusM/S. SHRING CONSTRUCTION COMPANY PRIVATE LIMITED

2006 INSC 705Appeal(s) allowed

The Union of India entered into a construction contract with Shring Construction Company. After the contract was completed, a dispute arose and the High Court appointed an arbitrator who awarded a sum to Shring. The Union challenged the award by filing a writ petition in the High Court, which was …

ROHIT SINGH AND ORS.versusSTATE OF BIHAR (NOW STATE OF JHARKHAND) AND ORS.

2006 INSC 706Disposed off

The plaintiff filed a suit for declaration of title and possession of land against the Divisional Forest Officer and the State of Bihar. After the suit proceeded to trial, several third parties (defendants 3‑17) intervened, later amended their written statements and were treated by the trial court …

THE COMMANDANT, 68, BN. BSF GAKULNAGARversusSHRI ARJUN DAS AND ANOTHER

2006 INSC 702Appeal(s) allowed

On 31 December 1998, a Border Security Force (BSF) Assistant Commandant intercepted a jeep near the Indo‑Bangladesh border carrying 44 bags of sugar and arrested the driver for failing to produce transport documents. The seized sugar was handed to the customs inspector and the driver was produced …

INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ANR.versusSAN TOSH

2006 INSC 703Appeal(s) allowed

The widow of a deceased casual labourer filed a claim for family pension, arguing that her husband should be deemed regularized on the date of his death. The Central Administrative Tribunal (CAT) held that despite his temporary status under the Casual Labourers (Grant of Temporary Status and …

ISHWARCHAND AMICHAND GOVADIA AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2006 INSC 699Appeal(s) allowed

The appellants were charged under Sections 306, 498A read with Section 34 of the IPC for the death of Sharmila. The complainant sought to introduce a later death certificate dated 10‑04‑2004, which alleged a different cause of death from an earlier certificate dated 18‑05‑2000. The trial court kept …

HANSA INDUSTRIES PVT. LTD. AND ORS.versusKIDARSONS INDUSTRIES PVT. LTD.

2006 INSC 701Case Partly allowed

The dispute arose between members of the Nanda family over Kidarsons Industries Pvt. Ltd., whose main income from an agency contract had ceased. A family settlement was reached whereby appellant No.2 (Narendra Nath Nanda) would transfer his 30.14% share in the company in exchange for an equivalent …

LALLAN CHAUDHARY AND ORS.versusSTATE OF BIHAR AND ANR.

2006 INSC 696Dismissed

The complainant filed a complaint before a Sub‑Divisional Judicial Magistrate alleging offences under Sections 147, 148, 149, 448, 452, 323 and 395 IPC. The magistrate endorsed the complaint to the police, but the SHO registered an FIR only under Sections 452, 380 and 323/34, omitting several …

UNION OF INDIAversusRESHMA YADAV AND ORS.

2006 INSC 697Disposed off

The Union of India sought damages for the unauthorized occupation of shops and stalls in the Lodhi Road Complex after the Supreme Court cancelled earlier allotments and ordered the occupants to vacate. The respondents, who never participated in the tender process, remained in possession despite …

UNION OF INDIA AND ORS.versusDWARKA PRASAD TIWARI

2006 INSC 698Disposed off

Dwarka Prasad Tiwari, a constable in the Central Reserve Police Force, fired his service weapon without orders while on sentry duty, injuring himself. A departmental inquiry under Rule 27 of the CRPF Rules, 1955 found him guilty of misconduct and negligence and dismissed him. The High Court set …

MUNI SUVRAT-SWAMI JAIN S.M.P. SANGHversusARUN NATHURAM GAIKWAD AND ORS.

2006 INSC 689Case Allowed

The appellant, a public trust, had constructed a Jain temple on a plot that was originally part of a larger property with an easement for access. A tenant of the adjoining chawl (respondent No. I) complained that the temple was built without municipal permission and sought demolition. The Municipal …

STATE BANK OF INDIAversusM/S. RANJAN CHEMICALS LTD. AND ANR.

2006 INSC 690Case Allowed

The State Bank of India (bank) had granted a term loan and a cash‑credit facility to M/s. Ranjan Chemicals Ltd. (company). The company defaulted, prompting the bank to file an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, …

TRIMUKH MAROTI KIRKANversusSTATE OF MAHARASHTRA

2006 INSC 691Dismissed

The appellant, Trimukh Maroti Kirkan, was married to Revata, who repeatedly complained of physical abuse and denial of food because her parents could not meet a dowry demand of Rs.25,000. Revata died under circumstances initially reported as a snake bite, but a post‑mortem revealed death by …

JASBIR SINGHversusST ATE OF PUNJAB

2006 INSC 692Disposed off

Jasbir Singh, an under‑trial accused, applied for bail before the Sessions Judge. During a routine inspection of the district jail, the Administrative (Inspecting) Judge of the Punjab & Haryana High Court received the bail application and directed the Sessions Judge to grant bail, which was done. A …

COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITYversusK.S. NARAYAN

2006 INSC 693Appeal(s) allowed

The respondents K.S. Narayan purchased land in 1985 after the Bangalore Development Authority (BDA) had issued a notification for acquisition under the Bangalore Development Authority Act, 1976. They filed civil suits seeking injunctions against the BDA, claiming that no notice under Section 17(5) …

STATE OF HARYANA AND ANR.versusABDUL GAFFAR KHAN AND ANR.

2006 INSC 694Dismissed

The State of Haryana advertised vacancies for Unani Dispenser posts, specifying qualifications that included a 'Unani Dispenser' or 'Up-Vaidya' from a recognized institution, along with matriculation and language requirements. Two candidates holding a Bachelor of Unani Medicine and Surgery (BUMS) …

EPURU SUDHAKAR AND ANR.versusGOVT. OF A.P. AND ORS.

2006 INSC 695Case Partly allowed

The petitioners, sons of murder victims, challenged the Governor of Andhra Pradesh’s order granting remission of the unserved portion of a ten‑year rigorous imprisonment sentence imposed on respondent No.2 for murder. They argued that the remission was granted on irrelevant and extraneous material, …

PURSHOTTAM LAL DAS AND ORS.versusTHE STATE OF BIHAR AND ORS.

2006 INSC 687Disposed off

The appellants, who were Class III basic health workers, were promoted to clerk posts in 1992. An audit later held the promotions illegal because Class III employees belong to a technical cadre and cannot be promoted to non‑technical clerk positions, and the promotions violated statutory quota, …

COL. (RETD.) B.J. AKKARAversusTHE GOVT. OF INDIA AND ORS.

2006 INSC 688Dismissed

The petitioners, former Army Medical, Dental and Veterinary officers who retired before 1 January 1996, challenged the Ministry of Defence’s clarification circular dated 11 September 2001 which excluded the non‑practising allowance (NPA) from the "minimum pay" used to step‑up pensions under the …

THE STATE REP. BY INSPECTOR OF POLICE, PUDUKOTTAI, TAMILNADUversusA. PARTHIBAN

2006 INSC 685Appeal(s) allowed

A. Parthiban, a public servant, was convicted for demanding and receiving illegal gratification, an act that attracted charges under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The trial court sentenced him to six months' rigorous imprisonment with a fine of …

KAILASHversusSTATE OF M.P.

2006 INSC 686Case Partly allowed

Kailash was convicted under Sections 304B (dowry death) and 498A (dowry harassment) of the IPC for the death of his wife, whose body was found in a well, indicating death "otherwise than under normal circumstances." The trial court sentenced him to ten years for the 304B offence, with no separate …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2006 INSC 664Disposed off

The Supreme Court dealt with the large‑scale misuse of residential premises for commercial purposes in Delhi. Earlier it had ordered the Municipal Corporation of Delhi to seal offending premises, granting traders a deadline of 30 June 2006 subject to affidavits. The Union of India subsequently …

NATIONAL INSURANCE COMPANY LTD.versusNIPHA EXPORTS PVT. LTD.

2006 INSC 667

In 1990 National Insurance Company issued transit insurance for a consignment of NIPHA EXPORTS to Sudan. The goods were damaged and a claim was made, but a dispute arose over who was entitled to the proceeds. After investigations, the claim was finally settled by a letter dated 8 April 1994 and the …

THE MANAGEMENT OF NATIONAL SEEDS CORPORATION LTD.versusK.V. RAMA REDDY

2006 INSC 668Appeal(s) allowed

The respondent, an Assistant Grade II officer of National Seeds Corporation, was charged with misappropriating Rs 63.67 lakhs and faced departmental proceedings under the Corporation's Conduct, Discipline and Appeal Rules, 1992. He sought to be assisted by a retired employee and later by a legal …

M/S. ISPAT INDUSTRIES LTD.versusCOMMISSIONER OF CUSTOMS, MUMBAI

2006 INSC 669Appeal(s) allowed

ISPAT Industries Ltd imported iron ore pellets that were off‑loaded from the mother vessel at Bombay Floating Light (BFL) onto barges and taken to Dharamtar jetty. The Customs authorities added the barge transportation charges to the assessable value under Section 14 of the Customs Act, 1962, …

YEDLA SRINIVASA RAOversusSTATE OF A.P.

2006 INSC 670Dismissed

The appellant, Yedla Srinivasa Rao, repeatedly promised to marry a girl aged between 15 and 16 years, forcibly had sexual intercourse with her, and continued the liaison even after she became pregnant, later refusing to marry her and absconding. The girl reported the matter to the village Panchayat …

RITESH CHAKARVARTIversusSTATE OF MADHYA PRADESH

2006 INSC 671Appeal(s) allowed

The appellant, Ritesh Chakravarti, was convicted under Section 8 of the NDPS Act for allegedly possessing 1,300 kg of opium seized during a raid based on a secret informer’s tip. The raid was led by a team that included Inspectors Sabiha Khatun and S.K. Bajpai, but only Sub‑Inspector Girwar Puri was …

KURUPPUSAMY AND ANR.versusSTATE OF TAMIL NADU

2006 INSC 672Case Partly allowed

The case arose from a property dispute within a joint family that escalated into a violent quarrel at a bus stop, where the deceased was assaulted with a firewood log and died the next day. Four accused were tried; two were convicted of murder (s.302 IPC read with s.34) and one of voluntarily …

KAILASHversusST ATE OF M.P.

2006 INSC 673

The appellant Kailash and two associates entered the deceased Ramkishan’s house armed with an axe, lathi and musal over a land dispute. During a quarrel the deceased received a single blow; the prosecution alleged it was an incised wound caused by the sharp side of the axe, leading to a conviction …

ZILA SAHAKARI KENDRA BANK MARYADITversusSHAHJADI BEGUM AND ORS.

2006 INSC 674Case Partly allowed

A cooperative bank owned a jeep that was requisitioned by the District Election Officer for election duties. The bank's driver, while under the officer's control, was instructed to clean a septic tank at the officer's residence and died due to a gas leak. The driver’s wife claimed compensation under …

FEROZ AHMADversusDELHI DEVELOPMENT AUTHORITY AND ORS.

2006 INSC 675Disposed off

Feroz Ahmad, a Junior Engineer appointed in 1976, sought a pay‑scale upgradation with seniority, which was denied while junior diploma‑holders received the benefit. He filed a writ petition; the Delhi High Court dismissed it, and a Letters Patent Appeal was also dismissed. On appeal, the Supreme …

PUNJAB NATIONAL BANK AND ORS.versusMANJEET SINGH AND ANR.

2006 INSC 676Appeal(s) allowed

Deposit collectors employed under various banks' Daily Deposit Schemes raised an industrial dispute seeking regular pay scales and service conditions. The dispute was referred to the Industrial Tribunal under Section 18(3)(d) of the Industrial Disputes Act, 1947, which awarded their absorption as …

TULSANversusPYARE LAL AND ORS.

2006 INSC 679Appeal(s) allowed

The parties, who were co‑sharers, filed a suit for permanent injunction which was settled by a consent decree under Order 23, Rule 1 of the CPC allocating shares in the disputed property. The respondents sought mutation of their names in the revenue records based on that decree, but the revenue …

SHEELA DEVI AND ORS.versusLAL CHAND AND ANR.

2006 INSC 680Case Partly allowed

The case concerned the devolution of a Mitakshara coparcenary property after the death of Babu Ram in 1989, who left two sons (born 1938 and 1956) and three daughters. The trial court held part of the property to be separate and part ancestral; the appellate courts affirmed, while the High Court …

COMMISSIONER OF CENTRAL EXCISEversusM/S. INDIAN ALUMINIUM CO. LTD.

2006 INSC 681Dismissed

The Commissioner of Central Excise appealed against the CESTAT order that held zinc dross and flux skimming, by-products of aluminium sheet manufacture, to be non‑excisable. The Revenue argued that the revised Central Excise Tariff (heading 26.20) now classifies such residues as "ash and residues" …

BEED DISTRICT CENTRAL CO-OPERATIVE BANK LTD.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 682Appeal(s) allowed

The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed …

MOTI LAL SARAFversusSTATE OF JAMMU & KASMIR AND ANR.

2006 INSC 683Appeal(s) allowed

Motilal Saraf, a former manager of the State Bank of India, was repeatedly charged under the Jammu & Kashmir Prevention of Corruption Act for allegedly receiving illegal gratification. After an initial charge sheet was quashed by the High Court for lack of a valid sanction, the State filed fresh …

S. CHINNASAMY AND ANR.versusSEED INSPECTOR, COIMBATORE AND ANR.

2006 INSC 684Case Partly allowed

The appellants, S. Chinnasamy and R. Soundarajan, were found operating a seed shop without a valid licence and in violation of the Seeds (Control) Order, 1983. A seed inspector seized a small quantity of cotton and tomato seeds, noted the absence of a price list and records, and the Special Judge …

TARAKESHWAR SAHUversusSTATE OF BIHAR (NOW JHARKHAND)

2006 INSC 666Case Partly allowed

The appellant, Tarakeshwar Sahu, was convicted by the trial court and the Jharkhand High Court of rape under sections 376/511 IPC for forcibly taking a 12‑year‑old girl to his gumti with intent to commit sexual intercourse, although the girl was rescued before any act was completed. The Supreme …

GHANSHYAMversusSTATE OF M.P. AND ORS.

2006 INSC 665Dismissed

Ghanshyam, a tenant, alleged that his landlord Surya Prasad (respondent No.3) illegally evicted him with armed men on 8 November 1986, causing serious injuries. An FIR under Sections 147 and 307 IPC was lodged and a charge‑sheet filed, but the Public Prosecutor later moved an application under …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSHRJ BIRENDRA BHANDARI

2006 INSC 663

The respondent filed a claim under Section 33C(2) of the Industrial Disputes Act, 1947 seeking arrears of salary, leave encashment and dearness allowance arising from the 5th Pay Commission recommendations. The Labour Court ordered payment, and the High Court upheld that order. On appeal, the …

UNION OF INDIA AND ANR.versusMADRAS TELEPHONE SC & ST SOCIAL WELFARE ASSOCIATION

2006 INSC 662Disposed off

The Supreme Court was asked to clarify whether seniority and promotion granted to certain Telegraph Engineering Service officers, based on earlier judgments of the Allahabad High Court and the Central Administrative Tribunal that had attained finality, could be altered by later Supreme Court …

PABITRA KUMAR ROY AND ANR.versusALITA DSOUZA

2006 INSC 660Appeal(s) allowed

The case involved a lease dated 13 January 1969 for 21 years between the appellants (lessors) and the respondent (lessee) which contained a clause allowing either party to terminate the lease before its expiry. The lessor served a notice of determination in 1972 and obtained an eviction decree under …

NARINDER SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 661Appeal(s) allowed

The appellants, Narinder Singh and others, filed a writ petition challenging the denial of grace marks under Rule 3.8 of the Police Training College Manual. They contended that the High Court dismissed their petition without considering several substantive pleas, including alleged procedural …

BALBIR SINGH AND ANR.versusSTATE OF PUNJAB

2006 INSC 656Case Partly allowed

The deceased Amarjit Kaur died from severe burns after allegedly being set alight by her husband Balbir Singh and mother‑in‑law Nachattar Kaur. Two dying declarations were recorded – one by a doctor in the hospital and another by a police sub‑inspector – both implicating the husband, while the …

ST ATE OF BIHAR AND ORS.versusAMRENDRA KUMAR MISHRA

2006 INSC 657Appeal(s) allowed

The State of Bihar advertised 225 posts of Livestock Assistants and selected Amrendra Kumar Mishra in 1992. Although an appointment letter was allegedly sent, Mishra did not join and later claimed he never received it, filing representations in 1994, 1995, 1999 and 2000. After a writ petition in …

ASHOK MAHAJANversusSTATE OF U.P. AND ORS.

2006 INSC 658Appeal(s) allowed

Denin Leathers Ltd obtained a term loan from the Pradeshiya Industrial and Investment Corporation (PICUP) and mortgaged its immovable property. After the company converted to a public limited company, recovery certificates were issued against several guarantors, including the appellant Ashok …

STEEL AUTHORITY OF INDIA LTD.versusUNION OF INDIA AND ORS.

2006 INSC 659Appeal(s) allowed

The Steel Authority of India Ltd., a government company, engaged contractors to manufacture steel, and workers employed by those contractors claimed they were permanent employees of the company and sought absorption. The State Government referred the dispute to a Labour Court under Section 10(1)(c) …

COMMISSIONER OF INCOME TAX, MUMBAIversusM/S. GENERAL INSURANCE CORPORATION

2006 INSC 651Dismissed

The assessee, a general insurance company, incurred Rs. 1,04,28,500 as stamp duty and registration fees in connection with the increase of its authorized share capital and the issuance of bonus shares. The Assessing Officer disallowed the amount as capital expenditure, but the Commissioner of Income …

STATE OF A.P. AND ORS.versusM/S. PIONEER BUILDERS, A.P.

2006 INSC 652Case Partly allowed

The State of Andhra Pradesh awarded a canal construction contract to Mis. Pioneer Builders, which later failed to complete the work and was expelled. The contractor filed a petition under Sections 8 and 20 of the Arbitration Act, 1940, seeking arbitration or a civil suit, and later applied for …

UTTRARANCHAL FOREST RANGERS' ASSON.versusSTATE OF U.P. AND ORS.

2006 INSC 654Appeal(s) allowed

The appellants, directly recruited Forest Rangers in Uttar Pradesh (now Uttaranchal), challenged a High Court order that gave seniority to promotee Forest Rangers who had been elevated beyond the statutory promotion quota. The Court examined the U.P. Government Servants Seniority Rules, 1991, …

VEGETABLE VITAMIN FOODS EMPLOYEES UNIONversusSARV SHRAMIK SANGH AND ORS.

2006 INSC 655Disposed off

The Sarva Shramik Sangh and the Vegetable Vitamin Foods Employees Union filed applications for trade union recognition under the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act in 1988 and 2003 respectively. The High Court remanded the matters to the Industrial …

PRAKASH SINGH AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 642Directions issued

The petitioners, former senior police officers and a public interest group, filed a writ petition under Article 32 seeking directions to the Union and State governments to enact a new Police Act replacing the colonial Indian Police Act, 1861, and to implement comprehensive police reforms. They …

SURENDRA SINGH GAURversusSTATE OF M.P. AND ORS.

2006 INSC 643Dismissed

Surendra Singh Gaur, originally appointed as Assistant Agriculture Engineer in Madhya Pradesh, voluntarily requested transfer to the Irrigation Department in 1975, where he was absorbed as Assistant Engineer in 1981. The Agriculture Department later granted him a proforma promotion to Class‑I …

M/S. C.T. COTTON YARN LTD.versusCOMMISSIONER OF CENTRAL EXCISE, INDORE

2006 INSC 644Appeal(s) allowed

Mis. C.T. Cotton Yarn Ltd., a 100% export‑oriented unit, purchased cotton domestically and manufactured yarn for export. During carding and combing, soft cotton waste was generated, which the company sold in the domestic market. Initially it was informed that the waste was non‑excisable, but after …

SUSHMITA BASU AND ORS.versusBALLYGUNGE SIKSHA SAMITY AND ORS.

2006 INSC 645Dismissed

A group of teachers from a recognized private unaided school filed a writ petition under Article 226 seeking a mandamus directing the school to implement the Third Pay Commission's salary recommendations with retrospective effect. The single judge of the Calcutta High Court granted the relief, but …

RAM PRAVESH SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

2006 INSC 646Dismissed

The appellants were employees of a co‑operative society that was liquidated and its undertaking merged with the Bihar Electricity Board. The Board did not take over the employees, and the appellants filed writ petitions seeking their absorption. The High Court dismissed the petitions and the appeal …

U.P. STATE ROAD TRANSPORT CORPORATION. DEHRADUNversusSURESH PAL

2006 INSC 647Appeal(s) allowed

Suresh Pal, appointed as a conductor with the U.P. State Road Transport Corporation in July 1988, was found on 28 July 1989 to have allowed twenty passengers to travel without tickets, constituting misappropriation of fare. A domestic enquiry led to his dismissal effective 5 January 1990, which was …

STATE OF HARYANA AND ANR.versusPARTAP SINGH AND ORS.

2006 INSC 648Appeal(s) allowed

The respondents, originally appointed as Junior Basic Training (JBT) teachers in the Haryana Education Department, acquired B.A. and B.Ed. qualifications during service and were subsequently granted the grade of Social Study Master along with an increment under Rule 4.4 of the Punjab Civil Services …

M/S. JHUNJHUNWALA AND ORS.versusSTATE OF U.P. AND ORS.

2006 INSC 649Disposed off

The appellants, commission agents dealing in timber harvested by farmers, challenged assessments that treated them as "manufacturers" under the Uttar Pradesh Trade Tax Act, 1948 after an amendment to Section 2(ee). The State relied on a circular issued by the Commissioner of Trade Tax, which …

KISHORE EKNATH NIKAMversusSTATE OF MAHARASHTRA

2006 INSC 650Dismissed

On 11 April 1998, accused A1 stabbed the deceased Parshant to death while witnesses PW2 and PW3 attempted to intervene. Accused A2 stood by, threatened the witnesses and inflicted a knife injury on PW3, thereby preventing them from assisting the victim. The trial court convicted A1 and A2 under …

MRF LTD., KOTTAYAMversusASSISTANT COMMISSIONER (ASSESSMENTS) SALES TAX AND ORS.

2006 INSC 636Appeal(s) allowed

MRF Ltd. invested heavily in expanding its tyre and rubber manufacturing unit in Kerala under a Memorandum of Understanding that promised a seven‑year sales‑tax exemption. The company obtained an eligibility certificate and a Board of Revenue exemption order covering 30 Dec 1996 to 29 Dec 2003. The …

KHAMBAM RAJA REDDY AND ANR.versusPUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH

2006 INSC 637Appeal(s) allowed

The appellants were convicted by the Andhra Pradesh High Court for causing the death of Khambam Venkatramana Reddy, based primarily on the eye‑witness testimony of the victim's wife that the accused threw a 25‑30 kg stone on the victim's head. The defence argued that the principal accused was …

UNION OF INDIA AND ANR.versusTARSEM LAL AND ORS.

2006 INSC 638Appeal(s) allowed

The respondent, a railway employee, claimed pay and allowance from the date he received a proforma promotion in September 1997, rather than from his actual promotion in August 2001. The Union of India relied on Railway Board Circular dated 15/17 September 1964 and Paragraph 228 of the Indian Railway …

KR.GEORGEversusM/S. INDUSTRIAL ENGINEERING CORPORATION AND ORS.

2006 INSC 639Dismissed

A recovery suit was decreed against K.R. George, whose property was sold to the decree holder. The appellant entered a compromise with respondents No.9 and No.10, resulting in sale certificates in their favour, but later filed a review alleging fraud and a third‑party offer to remit the sale …

FAQUIR CHAND AND ANR.versusSUDESH KUMARI

2006 INSC 640Disposed off

The respondent filed a suit for specific performance of a sale agreement, claiming she was ready and willing to fulfil her part by paying the consideration. The appellant contended that the suit should fail because the pleadings did not expressly state readiness and willingness as required by …

VIDYA VARDHAKA SANGHA AND ANR.versusY.D. DESHPANDE AND ORS.

2006 INSC 641Appeal(s) allowed

The Supreme Court examined whether employees appointed on a temporary or contract basis for a specific academic year could claim a right to continue in service after the period expired. The respondents, appointed as temporary teachers with terms allowing termination at any time without notice, …

BHIMAPPA CHANDAPPA HOSAMANI AND ORS.versusSTATE OF KARNATAKA

2006 INSC 633Dismissed

The appellants were charged under Sections 302 and 34 of the Indian Penal Code for the murder of Lakshman, who was sleeping on the 'katta' of his house. The trial court acquitted them, finding that the mother of the deceased (PW‑1) was not a truthful eyewitness and that the younger brother (PW‑2) …

ARUN KUMAR NAYAKversusUNION OF INDIA AND ORS.

2006 INSC 634Appeal(s) allowed

The Department requisitioned the local Employment Exchange for an Extra Departmental Sub Post Master vacancy, giving preference to ST/SC candidates, and the Exchange sponsored 40 names, including a general‑category candidate (respondent No.4). A corrigendum mandated a wider public notification, …

BIPIN BIHARIversusSTATE OF M.P.

2006 INSC 635Disposed off

The appellant, Bipin Bihari, was convicted under Section 307 of the Indian Penal Code for attempting to murder the complainant after firing a gun that injured the complainant's calf. The trial court sentenced him to life imprisonment and a fine; the High Court reduced the imprisonment to two years …

STAR PAPER MILLS LTD.versusSTATE OF U.P. AND ORS.

2006 INSC 630Disposed off

Star Paper Mills Ltd challenged the levy of a market fee under Rule 70 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965, on purchases made from the Uttar Pradesh Forest Corporation, arguing that as a captive consumer it was not liable to pay the fee. The Allahabad High Court dismissed the …

G.B. PANT UNIVERSITYversusGOVIND BALLABH PANDEY AND ORS.

2006 INSC 631Disposed off

One hundred seventy cafeteria employees of G.B. Pant University sought regularisation under the U.P. Industrial Disputes Act. The Labour Court ordered regularisation and payment of salary differences, which the High Court upheld. While 128 employees complied and received arrears, eight respondents …

ASHARAFI SINGHversusKAPILDEO RAI (DEAD) AND ORS

2006 INSC 632Dismissed

The appellant purchased a parcel of land in 1983, contending that because a 1978 notification placed the village under the Patna Regional Development Authority, the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 did not apply to the transaction. The High Court rejected …