Created by Fuzzy Cloud

Judgments of 2006

1027 judgments · newest first · showing 601–800

BHUPINDER SINGH AND ORS.versusJARNAIL SINGH AND ANR.

2006 INSC 427Appeal(s) allowed

The appellants were arrested for a dowry death under Section 304B(8) of the IPC and applied for bail, contending that the police challan had not been filed within the statutory period. The trial magistrate rejected bail, holding that the challan was filed within 90 days, while the Sessions Judge …

STATE OF ANDHRA PRADESHversusS. NARASIMHA KUMAR AND ORS.

2006 INSC 428Disposed off

The State of Andhra Pradesh appealed to the Supreme Court against a High Court order acquitting several accused, including D.V. Chandrasekhar (A‑3). While the appeal under Article 136 was pending, Chandrasekhar died, and his wife filed a petition asserting that the appeal had abated. The Court …

RAJASTHAN TOURISM DEVELOPMENT CORPORATION LTD. AND ANR.versusINTEJAM ALI ZAFRI

2006 INSC 429Appeal(s) allowed

The appellant, Rajasthan Tourism Development Corporation Ltd., terminated the services of the respondent, a casual house‑assistant, who claimed to have completed 240 days of continuous service. The Labour Court, relying on the respondent’s claim, awarded reinstatement and back wages under Section …

HUDAversusJAGMAL SINGH

2006 INSC 430Appeal(s) allowed

The appellant, a sweeper employer, dismissed the respondent, a daily‑wage sweeper, who after four and a half years filed a demand for reinstatement with back wages. The employer contended that the respondent had not completed the statutory 240 days of work in any year, a condition for a person to be …

GYANENDRA SAHAYversusM/S. TATA IRON AND STEEL CO. LTD.

2006 INSC 431Dismissed

The appellant, Gyanendra Sahay, submitted a handwritten application for premature voluntary retirement on 1 April 1995, which the employer accepted the same day and paid the retirement benefits. After 48 days he sought reinstatement, alleging that he had been forced to retire under undue and …

PRIYA PATELversusSTATE OF M.P. AND ANR.

2006 INSC 420Appeal(s) allowed

The appellant, Priya Patel, was charged under IPC sections 323 and 376(2)(g) for allegedly facilitating her husband’s rape of a woman. The High Court upheld the charge, holding that Explanation I to Section 376(2) makes a woman liable for ‘gang rape’ if she assists the act. On appeal, the Supreme …

KUSHUM LATAversusUNION OF INDIA AND ORS.

2006 INSC 421Dismissed

The Supreme Court examined a writ petition filed as a Public Interest Litigation (PIL) challenging the auction of sand and boulder mines under Uttar Pradesh Minor Minerals (Concession) Rules, 1963. The petitioner, who was also a tenderer and a party to a related writ petition, alleged irregularities …

M/S. AMRIT VANASPATL CO.LTD.versusKHEM CHAND AND ANR.

2006 INSC 422Disposed off

The case involved a workman (Respondent No. I) who was dismissed for threatening senior officers and inciting a strike. The Labour Court found the domestic inquiry defective but allowed the employer to adduce fresh evidence, ultimately upholding the dismissal. The High Court, exercising writ …

SABBI MALLESU AND ORS.versusSTATE OF ANDHRA PRADESH

2006 INSC 423Disposed off

The case arose from a violent dispute over a bund in which a large number of persons were alleged to have participated. The FIR named fifteen persons, but thirty‑nine were tried. The trial court convicted six accused, including the appellants, under Sections 302/149 IPC despite the charge sheet …

UNION OF INDIAversusR. BHUSAL

2006 INSC 424Disposed off

The appellant Union of India challenged a Delhi High Court order that granted a permanent commission to R. Bhusal, an Air Force officer who had served on a Short Service Commission. Bhusal's request for permanent commission was denied by the service board on the grounds that he failed to meet the …

PUSHPA DEVI BHAGAT (D) TH. LR. SMT. SADHNA RAIversusRAJINDER SINGH AND ORS.

2006 INSC 411Dismissed

The landlords filed a suit for possession of a Delhi flat against the tenant. After years of adjournments, the tenant’s counsel recorded on oath a statement that the tenant would vacate the premises by 22‑Jan‑2002 and pay rent until then; the landlord’s counsel accepted the terms. The trial court …

PAPPUversusSTATE OF MADHYA PRADESH

2006 INSC 412Case Partly allowed

The appellant Pappu was convicted for the death of Mal Singh, who died after a lathi blow to the head during a sudden quarrel at a marriage function. The appellant argued that the incident fell within Exception 4 of Section 300 IPC, which would reduce the offence to culpable homicide not amounting …

JYOTHI ADEMMAversusPLANT ENGINEER, NELLORE AND ANR.

2006 INSC 413Disposed off

The widow of a plant engineer who died of a heart attack at a thermal station claimed compensation under the Workmen's Compensation Act, 1923, alleging that the death resulted from stress and strain of his duties. The Commissioner awarded compensation, but the respondents appealed, arguing that the …

MANJULAversusK.R. MAHESH

2006 INSC 414Disposed off

The husband filed a divorce petition in the Family Court, Chennai, on fault grounds, while the wife filed a transfer petition in the Supreme Court under Section 25 of the Code of Civil Procedure seeking to move the case to the Family Court in Mumbai. During the hearing, both parties agreed that the …

M/S. JAIN STUDIOS LTD. THROUGH. ITS PRESIDENTversusSHIN SATELLITE PUBLIC CO. LTD.

2006 INSC 419Rejected

Mis. Jain Studios Ltd filed a review petition under Article 137 of the Constitution against an order dated 31 January 2006 in which the Chief Justice of India, acting under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointed a sole arbitrator, Justice M.L. Pendse. The petitioner …

RAMESH B. DESAI AND ORS.versusBIPIN VADILAL MEHTA AND ORS.

2006 INSC 415Appeal(s) allowed

The petitioners, nine shareholders of Sayaji Industries Ltd., filed a Company Petition under Section 155 of the Companies Act seeking rectification of the register on the ground that the managing director, Bipin Mehta, had fraudulently used company funds to purchase its own shares, violating Section …

M/S ASSOCIATED JOURNALSversusTHE MYSORE PAPER MILLS LTD.

2006 INSC 416Dismissed

Mis Associated Journals Ltd filed a winding‑up petition against Mysore Paper Mills Ltd, but the petition’s verification affidavit did not conform to Rule 21 of the Companies (Court) Rules, 1959. The Company Judge allowed the respondent to file a fresh affidavit to cure the defect, and the High Court …

R.S.R.T.C. AND ORS.versusRAMDHARA INDOLIYA

2006 INSC 417Appeal(s) allowed

The respondent, Ramdhara Indoliya, was employed as a daily‑wage conductor by the Rajasthan State Road Transport Corporation (RSRTC) and was terminated. He filed a suit in a civil court seeking reinstatement, back wages and other relief. The civil court and the High Court ruled in his favour, but …

ALLAHABAD DEVELOPMENT AUTHORITY AND ANR.versusSABIA KHAN AND ANR.

2006 INSC 418Appeal(s) allowed

The Allahabad Development Authority (ADA) levied water, malwa, sub‑division, development and open‑space charges on property owners, which were challenged by Sabia Khan and others in writ petitions. The Allahabad High Court struck down the charges, holding them impermissible, without conducting a …

IBRAHIM NAZEERversusSTATE OF TAMIL NADU AND ANR.

2006 INSC 408Dismissed

Ibrahim Nazeer was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) after customs seized electronic goods from his baggage at Chennai airport. His wife filed a habeas corpus petition challenging the detention, arguing that …

DIRECTOR, TOWN PLANNING MAHARASHTRA AND ANR.versusBHALCHANDRA VASANTRAO KULKARNI

2006 INSC 409Appeal(s) allowed

The respondent, a peon in the Director, Town Planning, Maharashtra, was terminated for misconduct by an order that dispensed with a departmental inquiry under Article 311(2) of the Constitution, citing reasons for doing so. The respondent challenged the termination, arguing that the reasons were …

STATE OF HARYANA AND ANR.versusSHRI OM PRAKASH

2006 INSC 410Appeal(s) allowed

The respondent, a former member of the Armed Forces discharged on 13 June 1967, was appointed to a civil post in 1972 and claimed a pension under Rule 4(iii) of the Punjab Government National Emergency (Concession) Rules, 1965. The State argued that the gap of more than three years between discharge …

LATA SINGHversusSTATE OF U.P. AND ANR.

2006 INSC 407Case Allowed

Lata Singh, a 27‑year‑old graduate, married a man of a different caste of her own free will. Her brothers filed false missing‑person and kidnapping reports, leading police to arrest her husband’s relatives. Despite a police final report and a medical opinion that Lata was mentally fit, the …

CHANIversusTHE STATE OF UTTAR PRADESH

2006 INSC 402Appeal(s) allowed

The Supreme Court considered an appeal by Channi, who had been convicted under the IPC and whose sentence was partially altered by the Allahabad High Court. Channi applied for release on probation under Section 4 of the Probation of Offenders Act, alternatively under Section 360 of the Code of …

STATE OF TAMIL NADU AND ANR.versusALAGAR

2006 INSC 403Appeal(s) allowed

The State of Tamil Nadu detained Alagar under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, on the ground that he was a 'goonda'. The Madras High Court set aside the …

V.K. RATHEESHversusSTATE OF KERALA

2006 INSC 404Appeal(s) allowed

V.K. Ratheesh was tried for murder (IPC 302) and the trial court acquitted him, finding serious discrepancies in the prosecution's evidence. The Kerala High Court set aside the acquittal, deeming the discrepancies trivial, and convicted him under IPC 304(1) with a seven‑year sentence. On appeal, the …

STATE BANK OF INDIA AND ANR.versusMULA SAHAKARI SAKHAR KARKHANA LTD.

2006 INSC 405Appeal(s) allowed

The cooperative society Mula Sahakari Sakhar Karkhana Ltd. entered into a turnkey contract for a paper plant with Pentagon Engineering, which required a 10% retention amount to be secured by a bank guarantee. State Bank of India issued a document on 4 September 1985 that purported to indemnify the …

KULDEEP SINGHversusGOVT. OF NCT OF DELHI

2006 INSC 406Dismissed

The Government of NCT of Delhi invited applications for L‑52 liquor licences for 2004‑05, but later announced a policy to stop issuing fresh licences. The appellants, who had applied before the policy change, claimed that they had an accrued right and a legitimate expectation to be granted licences, …

M/S. CRAWFORD BAYLEY AND CO. AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 395Dismissed

Crawford Bayley & Co., a firm of advocates, challenged the termination of its tenancy in a bank‑owned building and the subsequent show‑cause notice issued by an Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The firm argued that Section 3 of the Act and its …

COMMISSIONER OF CENTRAL EXCISE, DELHIversusCARRIER AIRCON LTD.

2006 INSC 396Dismissed

The Commissioner of Central Excise challenged Carrier Aircon Ltd's classification of its chillers under tariff heading 84.18 (refrigerating or freezing equipment) instead of heading 84.15 (air‑conditioning machines). The Revenue argued that because more than 90% of the chillers were used as integral …

BUNNILAL CHAUDHARYversusSTATE OF BIHAR

2006 INSC 397Disposed off

The case arose from a dispute over the balance payment for a she‑buffalo which led to a violent confrontation in which Bunnilal Chaudhary (A‑1) stabbed the victim Shambhu Raut on the left side of the chest, causing his death. The trial court convicted all ten accused of murder under Section 302 read …

ASSISTANT ENGINEER, C.A.D. KOTAversusDHAN KUNWAR

2006 INSC 398Appeal(s) allowed

The respondent, a temporary work‑charged employee, was terminated in the early 1980s and, after an eight‑year gap, filed a claim for reinstatement and back wages under Section 10(1) of the Industrial Disputes Act, 1947. The Labour Court awarded 30% back wages and ordered reinstatement, but the High …

M/S. INDIAN DRUGS AND PHARMACEUTICALS LTD.versusDEVKI DEVI AND ORS.

2006 INSC 399Appeal(s) allowed

Mis Indian Drugs & Pharmaceuticals Ltd., a public sector undertaking, gave contract work to the widows and dependents of employees who died in harness after a union demand, without any compassionate appointment scheme. The contracts were later terminated in 1998 due to the company's severe financial …

STATE OF GOAversusM/S. WESTERN BUILDERS

2006 INSC 400Appeal(s) allowed

The State of Goa challenged an arbitral award granted to Mis. Western Builders. After the award, the State filed a petition under the Arbitration Act, 1940, which was dismissed on the ground that the Arbitration and Conciliation Act, 1996 governed the matter. The State then sought condonation of …

SHRI BALASAHEB K. THACKERAY AND ANR.versusSHRL VENKAT @ BABRU AND ANR.

2006 INSC 401

The complainant filed a private defamation complaint under IPC s.500 read with s.34 against the editor, printer and publisher of a newspaper. The trial court issued process, but a petition under CrPC s.482 was dismissed by the High Court. While the appeal was pending before this Court, the …

POPULAR MUTHIAHversusSTATE OF TAMIL NADU

2006 INSC 383Appeal(s) allowed

The case arose from a 1992 murder where the charge sheet omitted two alleged participants, Popular Muthiah and Murugan, although eye‑witnesses identified them. Only Nallakannu (Muthu) was tried, convicted and sentenced to life imprisonment. On appeal, the Madras High Court, exercising its appellate …

M.S. NARAYANAN MENON @ MANIversusSTATE OF KERALA AND ANR.

2006 INSC 384Appeal(s) allowed

The appellant, a share broker, was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque issued to a member of the Cochin Stock Exchange. He contended that the cheque was given as security, not in discharge of any debt, and that he had discharged the initial …

HEERALAL YADAVversusSTATE OF M.P. AND ORS.

2006 INSC 385Appeal(s) allowed

The deceased Gokul Singh was brutally assaulted and later died; a dying declaration identifying several assailants was recorded by Dr. A.S. Khan after the victim regained consciousness following glucose and saline administration. The trial court convicted three accused under IPC sections 302 and 34 …

STATE OF TAMIL NADUversusRAVI @NEHRU

2006 INSC 386Appeal(s) allowed

The State of Tamil Nadu charged Ravi @ Nehru under Section 376 IPC for raping a five‑year‑old girl. The victim recounted being taken to the accused's bedroom, stripped, and having his penis pressed against her genitalia, after which she fled crying. Medical examination of the girl revealed a …

A.N. ROY, COMMISSIONER OF POLICE AND ANR.versusSURESH SHAM SINGH

2006 INSC 387Case Partly allowed

The State of Maharashtra issued a 1999 notification conferring on the Commissioner of Police, Brihan Bombay, the powers of a District Magistrate for purposes of sections 18 and 20 of the Immoral Traffic (Prevention) Act, 1956, to enable raids and evictions of brothels. The High Court struck down the …

K. MADALAIMUTHU AND ANR.versusSTATE OF TAMIL NADU AND ORS.

2006 INSC 388Disposed off

The appellants, directly recruited District Registrars in the Tamil Nadu Registration Service, challenged a seniority list that placed them below officers who had been temporarily appointed as District Registrars under Rule 10(a)(i)(1) of the Tamil Nadu State and Subordinate Services Rules, 1955, …

A.P. PUBLIC SERVICE COMMISSIONversusK. SUDHARSHAN REDDY AND ORS.

2006 INSC 389Appeal(s) allowed

The Supreme Court examined whether the 5% weightage marks granted to Telugu‑medium candidates in Andhra Pradesh recruitment could be used for determining their seniority. Earlier judgments had held the weightage unconstitutional but protected the appointments already made. The respondents argued …

UMED SINGHversusARYA SAMAJ SEWA SADAN

2006 INSC 390Dismissed

Umed Singh was a monthly tenant of a residential building that later became the property of Arya Samaj Sewa Sadan, a society, by will. The society filed an ejectment suit under s.13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging non‑payment of rent and a bona‑fide …

A.P. FOODSversusS. SAMUEL AND ORS.

2006 INSC 391Case Partly allowed

A.P. Foods, a non‑profit public‑sector establishment run by the Andhra Pradesh Nutrition Council, was challenged by its employees who demanded bonus under the Payment of Bonus Act, 1965. The Labour Commissioner held the Act inapplicable, but the employer later paid ex‑gratia and subsequently stopped …

U.P STATE ROAD TRANSPORT CORPORATIONversusBABU RAM

2006 INSC 392Disposed off

The respondent, Babu Ram, was employed on a temporary basis by the U.P. State Road Transport Corporation and was terminated in 1983. After a fifteen‑year gap, the dispute was referred to the Labour Court in 1998, which held the termination illegal and ordered reinstatement with back wages. The …

DEVINDER SINGH AND ORSversusSTATE OF HARYANA AND ANR.

2006 INSC 393Dismissed

The appellants, Devinder Singh and others, filed a civil suit seeking a declaration that they were owners in possession of a parcel of land and that the authorities' orders declaring the land surplus and allotting it were null and void. The respondents contended that the suit was barred by Section …

MUKESH ALIversusSTATE OF ASSAM AND ANR.

2006 INSC 394Appeal(s) allowed

The appellant, an Assistant Conservator of Forest in Assam, was suspended in 1994, reinstated, and later faced disciplinary charges in 1997. An enquiry report in 2000 found him not guilty and the proceedings were dropped. The Supreme Court had earlier issued prospective directions on 15 Jan 1998 and …

R. KALAVATHIversusTHE STATE OF TAMIL NADU AND ORS.

2006 INSC 379Appeal(s) allowed

The Supreme Court examined a detention order issued under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, which labeled the detenu as a "goonda" on the basis that he habitually committed crimes. The petition challenging the detention alleged that the grounds relied on a …

CHIEF ENGINEER, RANJIT SAGAR DAM AND ANR.versusSHAM LAL

2006 INSC 380Appeal(s) allowed

The Supreme Court examined an appeal by the Chief Engineer, Ranjit Sagar Dam (appellants) against a Labour Court order that reinstated workman Sham Lal and awarded back wages. The central questions were whether the burden of proof to show that a workman had worked at least 240 days in the year …

SURENDRANAGAR DISTT. PANCHAYAT AND ANR.versusGANGABEN LALJIBHAI AND ORS.

2006 INSC 381Appeal(s) allowed

The employer, Surendranagar District Panchayat, terminated several daily‑wage workers and claimed that none had worked continuously for 240 days in the preceding year, a condition required under Section 25‑F of the Industrial Disputes Act, 1947 for retrenchment. The workers contended they had met …

MORINDA COOPERATIVE SUGAR MILLS LTD.versusMORINDA COOP. SUGAR MILLS WORKERS UNION

2006 INSC 378Dismissed

The Morinda Co‑op. Sugar Mills Workers Union filed a suit seeking a declaration that its members were entitled to a variable dearness allowance (VOA) under para 317(ii) of the Third Wage Board Report and an injunction restraining the mill from withdrawing the allowance. The mill contended that the …

LAXMI SHARMA AND ORS.versusV.C. CHHATRAPATI SAHUJI MAHARAJ UNIVERSITY AND ORS.

2006 INSC 377

The Himalaya Ayurvedic Mahavidyalaya admitted students to its BAMS programme without any university affiliation. After the admissions, the State Government and the Central Council of Indian Medicine inspected the college three times (1995, 1997, 1999) and each time recommended permanent affiliation. …

STATE OF U.P. AND ORS.versusRAJ KISHORE YADAV AND ANR.

2006 INSC 376Appeal(s) allowed

The Supreme Court heard Civil Appeal No. 1442 of 2005 filed by the State of U.P. against the High Court's order that set aside the dismissal of Raj Kishore Yadav, a government employee, and reinstated him with full benefits. The employee had been charged with five serious offences, four of which …

MAYURAM SUBRAMANIAN SRINIVASANversusCBI

2006 INSC 374

The appellants filed criminal appeals under Section 10 of the Special Courts (Trial of Offences Relating to Transaction in Securities) Act, 1992, but had not surrendered to their sentences. The Court examined whether Order XXI Rule 13A of the Supreme Court Rules, 1966, which requires surrender …

HARI SINGHversusTHE STATE OF U.P.

2006 INSC 375Dismissed

Hari Singh filed a writ petition under Article 32 of the Constitution seeking a direction to the Central Bureau of Investigation to probe the murder of his son, Yashvir Singh, alleging that the police had ignored the FIR due to pressure from influential persons. The Supreme Court examined whether …

KALU RAM AND ANR.versusSTATE OF DELHI

2006 INSC 372Appeal(s) allowed

The appellants Kalu Ram and others were convicted by the trial court under Section 304(1) read with Section 34 of the Indian Penal Code and sentenced to seven years' rigorous imprisonment. They filed an appeal against the conviction, while an informant filed a criminal revision petition seeking …

STATE OF HARYANA AND ORS.versusM/S. AGM MANAGEMENT SERVICES LTD.

2006 INSC 373Disposed off

The State of Haryana and others appealed against a writ petition filed by Mis. AGM Management Services Ltd., which the Punjab and Haryana High Court had dismissed by relying on an earlier decision in Ramesh Chand v. Registrar‑cum‑Deputy Commissioner, Jind. The appellants argued that the High Court …

SENTHAMILSELVIversusSTATE OF TAMIL NADU AND ANR.

2006 INSC 370Dismissed

The appellant, the mother of a detainee, challenged his preventive detention on three grounds: alleged delay in disposing of his representation, the detaining authority's inference that he might be released on bail despite no bail application, and the non‑supply of a co‑accused's confessional …

HOTEL AND RESTAURANT KARAMCHARI SANGHversusM/S. GULMARG HOTEL AND ORS.

2006 INSC 369Appeal(s) allowed

The Hotel and Restaurant Karamchari Sangh filed a complaint under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 seeking recovery of wages exceeding Rs 60,000 from Gulmarg Hotel. The employer later paid part of the amount, reducing the outstanding sum to below Rs 50,000 and …

RAJINDERversusSTATE OF HARYANA

2006 INSC 368Appeal(s) allowed

The appellant Rajinder was convicted for the death of his nephew Subhash, who died from a thigh wound inflicted by a firearm. The trial court and High Court upheld a conviction under Section 302 IPC (murder) and Section 27 of the Arms Act. On appeal, the Supreme Court examined the distinction …

D. VINOD SHIVAPPAversusNANDA BELLIAPPA

2006 INSC 364Dismissed

The appellant issued a cheque of Rs.1,25,000 which was dishonoured for insufficient funds. The respondent sent a legal notice by registered post, which was returned unserved with the endorsement "party not in station arrival not known". A complaint under Section 138 of the Negotiable Instruments Act …

GOVERNMENT OF A.P. AND ANR.versusY. SURENDER REDDY

2006 INSC 365Disposed off

Y. Surender Reddy, an APSRTC employee, sought appointment as Assistant Motor Vehicle Inspector through an application under Section 19 of the Administrative Tribunal Act, 1985. The Tribunal dismissed the application, deeming him a corporation employee, and the High Court later directed the Surplus …

M/S. BHAGWATI PRASAD PAWAN KUMARversusUNION OF INDIA

2006 INSC 366Dismissed

The appellant claimed full compensation for two consignments of salt that were not delivered. The Railways admitted liability only partially and sent two cheques with a letter stating that if the offer was not acceptable, the cheques should be returned, otherwise their retention or encashment would …

MIDNAPORE PEOPLES' CO-OP. BANK LTD. AND ORS.versusCHUNILAL NANDA AND ORS.

2006 INSC 367Disposed off

The employee Chunilal Nanda was suspended by Midnapore Peoples' Co‑op. Bank Ltd. and challenged the suspension through multiple writ petitions. The High Court, in contempt proceedings, ordered his reinstatement, payment of arrears and the revocation of his suspension, and also directed the removal …

M/S. KLASSIC CONSTRUCTION (PVT.) LTD.versusM/S. ARMY WELFARE HOUSING ORGANISATION

2006 INSC 363Disposed off

The appellant Klassic Construction entered into a construction contract with the Army Welfare Housing Organisation that contained an arbitration clause requiring disputes to be referred to a sole arbitrator appointed by the Chairman. After an earlier arbitrator could not complete the proceedings, …

ARVINDER SINGH BAINSversusSTATE OF PUNJAB AND ORS.

2006 INSC 358Appeal(s) allowed

The appellant, a direct recruit to the Punjab Civil Services (Executive Branch), challenged the seniority list that placed him junior to promotee officers appointed earlier, arguing that seniority should be fixed by applying the roster prescribed in Rule 18 read together with Rule 21 of the 1976 …

RADHESHYAM AJITSARLA AND ANR.versusBENGAL CHATKAL MAZDOOR UNION AND ORS.

2006 INSC 359Disposed off

The Baranagore Jute Factory was ordered to be wound up in 1987 but a scheme of arrangement was later approved, allowing the mill to operate as a going concern under a committee of management. The scheme earmarked a fund with the High Court registrar for payment to pre‑scheme unsecured creditors, …

M/S. GROUPE CHIMIQUE TUNISIEN SAversusSOUTHERN PETROCHEMICALS INDUSTRIES CORPN. LTD.

2006 INSC 362Case Allowed

The Tunisian company Groupe Chimique Tunisien supplied phosphoric acid to Southern Petrochemicals under purchase orders that incorporated the Fertilizer Association of India (FAI) terms, which contain an arbitration clause (clause 15). After non‑payment, the supplier sued in a Jordanian court, where …

HARSH VARDHAN BANSALversusCHANDIGARH HOUSING BOARD AND ANR.

2006 INSC 360Disposed off

Harsh Vardhan Bansal applied for an industrial flat under the Chandigarh Housing Board scheme, which requires that the applicant and his family not own any residential property. A complaint alleged that Bansal already owned a flat in NOIDA under the Air Force Naval Housing Board scheme, leading the …

GURUBACHAN SINGH AND ANR.versusRAM NIWAS

2006 INSC 361Disposed off

The landlord, Ram Niwas, filed an eviction suit against tenants Gurubachan Singh and another, alleging default in rent and unauthorized sub‑letting of a shop to the Rajasthan Tourism Development Corporation (RTDC) at Rs 2100 per month for four months. The tenants contended that they had deposited …

K.H. SIRAJversusHIGH COURT OF KERALA AND ANR.

2006 INSC 352Dismissed

The Kerala High Court invited applications for 70 Munsif‑Magistrate posts and conducted written and oral examinations, prescribing minimum cut‑off marks of 35% (written) and 30% (oral). Several candidates, including K.H. Siraj, failed to meet the oral cut‑off and challenged the select list, alleging …

CHAIRMAN S.E.B.I.versusSHRIRAM MUTUAL FUND AND ANR.

2006 INSC 353Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) appealed against Shriram Mutual Fund and another respondent for repeatedly exceeding the 5% limit on transactions through associate brokers, violating Regulation 25(7)(a) of the SEBI (Mutual Funds) Regulations, 1996, and failing to comply with the …

PRINCIPAL, AYURVEDIC COLLEGE AND ORS.versusSUSHIL CHANDRA MISRA AND ANR.

2006 INSC 354Disposed off

The respondent, S.C. Misra, was appointed lecturer in science at an Ayurvedic college. When the science section was closed in 1971‑72 his post was abolished and his services were terminated on 6 June 1972. After the college was taken over by the Government, he failed to submit the required option to …

THE STATE OF PUNJABversusHARCHAL SINGH (DEAD) THROUGH LRS.

2006 INSC 355Dismissed

The State of Punjab acquired "Chahi" land in Kambali village for the expansion of an industrial focal point under a Section 4 notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 85,000 per acre, which the District Judge upheld, but the High Court raised …

MOHANPRASAD TRIPATHIversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 356Appeal(s) allowed

The petitioner, a social worker, filed a public interest writ petition seeking an inquiry into alleged political support for the Chief Minister in a trust motion. The High Court conditioned admission of the petition on a Rs.1 lakh deposit to demonstrate bonafide, which the petitioner paid. After the …

DIRECTOR (MKT.) INDIAN OIL CORP. LTD. AND ANR.versusSANTOSH KUMAR

2006 INSC 357Disposed off

Santosh Kumar, an Assistant Manager (Operations) at Indian Oil Corporation's Hissar Depot, was charge‑sheeted for irregular diesel supply and found guilty of six out of eight charges. The disciplinary authority dismissed him, and the appellate authority affirmed the dismissal without recording any …

Y.P. SARABHAIversusUNION BANK OF INDIA AND ANR.

2006 INSC 350Dismissed

Y.P. Sarabhai, a Manager (Security) of Union Bank of India, remained absent from duty from June to November 1997 without sanctioned leave, allegedly to evade a transfer to Chennai. The disciplinary authority, after a detailed enquiry, found him guilty of contravening Regulation 13 of the Bank's …

NATIONAL BOARD OF EXAMINATIONSversusG. ANAND RAMAMURTHY AND ORS.

2006 INSC 347Disposed off

The National Board of Examinations (NBE) appealed against a Delhi High Court order that directed it to conduct the DNB entrance examination in June 2006 for two candidates who had not satisfied the eligibility requirements under Rule 7(12) of its Bulletin of Information. The Supreme Court held that …

NARENDER MALAVversusSTATE OF GUJARAT AND ORS.

2006 INSC 348Disposed off

Narender Mala sent a letter to the Supreme Court highlighting poor working conditions of salt workers in Kachchh, Gujarat, which the Court treated as a writ petition under Article 32. The Court issued multiple directions to the Gujarat State and other agencies to investigate and improve the …

ASSISTANT ENGINEER, RAJASTHANversusRAM CHARAN

2006 INSC 349Appeal(s) allowed

The employer (Assistant Engineer, Rajasthan) terminated pump driver Ram Charan. The Labour Court held that the termination violated Section 25F of the Industrial Disputes Act, 1947 and ordered reinstatement with 25% back wages. The employer challenged the award in the High Court; the Single Judge …

PANAKANTI SAMPATH RAOversusSTATE OF A.P.

2006 INSC 346Dismissed

The appellant, a medical representative, was married to Panakanti Kavitha who was found dead in their rented house within three months of marriage. The prosecution alleged that the appellant had repeatedly harassed her for dowry, leading to her death by asphyxia due to throttling, and charged him …

BINAPANI KAR CHOWDHURYversusSRI SATYABRATA BASU AND ANR.

2006 INSC 345Disposed off

Binapani Kar Chowdhury filed a title suit in 1995 challenging the validity of a sale deed executed by the deceased Avarani Bose in favour of S.S. Basu. The plaintiff died in 1997 and the first respondent, claiming to be the executor and legatee under a 1996 will, was substituted as the legal …

CHANDRIKA SINGH (DEAD) THR. L.RS.versusARVIND KUMAR SINGH (DEAD) BY L.RS. AND ORS.

2006 INSC 321Appeal(s) allowed

Arvind Kumar Singh sold land to Paras Sah, whose deed was registered on 14 June 1984. Paras Sah then executed a second sale deed in favour of Ghurla Kuer, which was not registered until 31 August 1984. Chandrika Singh, a raiyat of adjoining lands, filed a pre‑emption application on 17 July 1984 …

BHOGADI KANNABABU AND ORS.versusVUGGINA PYDAMMA AND ORS.

2006 INSC 322Dismissed

The appellant tenants, nephews of the deceased landowner Suryanarayana, occupied several acres of land in Vishakhapatnam district. After the death of Suryanarayana's first wife Chilakamma, the second wife Pydamma claimed ownership and filed an eviction suit under the Andhra Pradesh Tenancy Act …

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARDversusSRI C. KENCHAPPA & ORS.

2006 INSC 323Appeal(s) allowed

The Karnataka Industrial Areas Development Board (KIADB) appealed against a Karnataka High Court order that quashed a notification under Section 3(1) of the KIADB Act and directed a one‑kilometre green‑belt around villages, on the ground that the lands were needed for industrial development. The …

STTE OF PUNJAB & ANR.versusH.B. MALHOTRA

2006 INSC 324Dismissed

The respondent, H.B. Malhotra, a Punjab civil servant, faced disciplinary proceedings which he sought to avoid by offering to retire voluntarily on health grounds. The State accepted the offer, dropped the disciplinary case, but failed to release his retiral benefits. He filed a writ petition; the …

NATIONAL FERTILIZERS LTD. & ORS.versusSOMVIR SINGH

2006 INSC 325Appeal(s) allowed

National Fertilizers Ltd., a government company, imposed a ban on recruitment in its Marketing Division but nevertheless appointed 52 employees without advertising or notifying the employment exchange, in breach of its own Recruitment and Promotion Rules and the Employment Exchange Act. Various High …

MCDERMOTT INTERNTIONAL INC.versusBURN STANDARD CO. LTD. AND ORS.

2006 INSC 326Disposed off

The Supreme Court examined a dispute between McDermott International Inc. (appellant) and Burn Standard Co. Ltd. (respondent) arising from a complex offshore construction contract with ONGC, where the arbitrator had issued a "partial award" deferring certain claims and later an additional and final …

M/S. JAI BEVERAGES PVT. LTD.versusSTATE OF J & KAND ORS.

2006 INSC 320Appeal(s) allowed

Jai Beverages Pvt. Ltd. set up a soft‑drink bottling plant in Jammu with a capital outlay of over Rs 27 crore and sought exemption from General Sales Tax and Central Sales Tax under the Jammu & Kashmir New Industrial Policy (1998‑2003) which offered special incentives to "prestigious units" having …

PANCHANAN OHARA AND ORS.versusMONMATHA NATH MAITY (DEAD) TH. LRS. & ANR.

2006 INSC 328Dismissed

The appellant, a subsequent purchaser of a suit property, challenged a decree granting specific performance of an agreement for sale entered into between the original buyer (Respondent No.1) and a private limited company (Respondent No.2). The company had promised to execute and register a sale deed …

V.C. BANARAS HINDU UNIVERSITY & ORS.versusSHRIKANT

2006 INSC 329Disposed off

Dr. Shrikant, a lecturer at Banaras Hindu University, applied for leave to accompany his wife to the UK and attend a conference, receiving departmental recommendation but not the Vice Chancellor's sanction. He travelled abroad without explicit permission, later returned and submitted a joining …

K.K. PARMAR AND ORS.versusH.C. OF GUJARAT TH. REGISTRAR & ORS.

2006 INSC 330Case Partly allowed

The appellants, assistants of the Gujarat High Court, challenged their exclusion from promotion to Section Officer, arguing that a 1982 Government Resolution limited the "zone of consideration" to three times the vacancies and that the selection process violated Rule 47(2) by not assigning marks for …

U. RAGHAVENDRA ACHARYA AND ORS.versusSTATE OF KARNATAKA AND ORS.

2006 INSC 331Appeal(s) allowed

The appellants were retired teachers of university and private aided colleges in Karnataka who retired between 1 January 1996 and 31 March 1998. They had been placed on par with government college teachers and were governed by the UGC pay scales, which were revised with effect from 1 January 1996. …

UMRAOversusSTATE OF HARYANA AND ORS.

2006 INSC 332Dismissed

Umrao filed a FIR alleging that when he, his son Rajinder and his brother went to a tube‑well owned by the brother, the accused were removing an electric motor from it. A quarrel ensued and the accused struck Rajinder and others with various weapons. Rajinder was hospitalized, discharged on 25 …

RAVINDER SINGH GORKHIversusSTATE OF U.P.

2006 INSC 333Dismissed

The appellant, R. S. Gorkhi, was convicted of murder committed on 15‑05‑1979 and claimed he was a minor at the time, seeking protection under Section 2(4) of the Uttar Pradesh Children Act, 1951. The Sessions Judge had relied solely on a school leaving certificate, dated 1998, which recorded his …

BABANRAO TUKARAM RANJANEversusSTATE OF MAHARASHTRA

2006 INSC 334Appeal(s) allowed

The appellant, a Deputy Superintendent of Stamps, was charged under the IPC and Sections 3(2), 3(5) and 24 of the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly aiding a large‑scale fake‑stamp racket. He had been in custody for over two years when the Special Court denied his bail …

U.P. STATE SUGAR CORPORATION LTD. AND ANR.versusSANT RAJ SINGH & ORS.

2006 INSC 335Appeal(s) allowed

The case concerned a supervisory‑B employee of a sugar mill who, after the mill was nationalised under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, sought to be placed in the corporation’s higher pay scale that was being paid to two other employees – one whose higher pay was …

M.P. GANGADHARAN AND ANR.versusSTATE OF KERALA AND ORS.

2006 INSC 336Dismissed

The State of Kerala had established a Family Court at Manjeri in 1999, but due to inadequate facilities the Bar Association sought its relocation to the district headquarters at Malappuram. The High Court recommended the shift, and the State Government issued an order effecting it. The appellants …

STATE OF HIMACHAL PRADESHversusKARANVIR

2006 INSC 337Appeal(s) allowed

The State of Himachal Pradesh appealed a High Court revision that set aside the conviction of Karanvir, a postmaster, under Section 409 of the IPC for misappropriating Rs. 8,000 entrusted to him for the purchase of National Savings Certificates. The complainant had deposited the amount with the …

DHAMPUR SUGAR MILLS LTD.versusCOMMISSIONER OF TRADE TAX, U.P.

2006 INSC 338Dismissed

Dhampur Sugar Mills Ltd entered into a licence deed to use a sugar mill, agreeing to pay the licence fee largely in molasses. The revenue department assessed trade tax on the molasses, treating it as a sale under the Uttar Pradesh Trade Tax Act, 1948. The appellant argued that the molasses payment …

HOWRAH MILLS CO. LTD. AND ANR.versusMD. SHAMIM AND ORS.

2006 INSC 339Appeal(s) allowed

Howrah Mills Co. Ltd., a company under the Board for Industrial and Financial Reconstruction (BIFR), sought to sell a portion of its land to revive its industry. While the sale process was advanced, certain respondents, claiming fractional ownership, interfered with the company's possession and the …

STATE BANK OF BIKANER AND JAIPURversusOM PRAKASH SHARMA

2006 INSC 340Appeal(s) allowed

Om Prakash Sharma, a casual worker of State Bank of Bikaner and Jaipur, was terminated after three and a half months and replaced by a junior employee. He raised an industrial dispute and the appropriate Government referred the question of whether his termination violated Section 25H of the …

NORTH EASTERN KARNATAKA R.T. CORPORATIONversusASHAPPA AND ANR.

2006 INSC 341Appeal(s) allowed

The respondent, Ashappa, a conductor employed by North Eastern Karnataka Road Transport Corporation, was absent without authorization for more than three years between November 1990 and December 1993 and repeatedly failed to report to duty despite notices. A departmental proceeding dismissed him for …

BUDH SINGH AND ORS.versusSTATE OF U.P.

2006 INSC 342Appeal(s) allowed

The appellants, Budh Singh and five others, were charged with murdering Ram Gopal and his wife Chatarvati and attempting to murder their son Rajveer Singh over a land dispute. The prosecution’s case relied on an FIR lodged at 00:25 on 13 April 1992, which reached the court on 18 April, and on …

STATE OF U.P. AND ORS.versusSARAYA INDUSTRIES LTD.

2006 INSC 343Dismissed

The State of Uttar Pradesh introduced a policy requiring distilleries to affix security holograms on liquor containers and, through a series of circulars, presumed that any hologram not produced before an Authorized Committee was lost and that the distillery must pay excise duty on the notional …

SATYA NARAIN SHUKLAversusUNION OF LNDIA & ORS.

2006 INSC 314Disposed off

Satya Narain Shukla, an IAS officer of the Uttar Pradesh cadre, challenged his non‑empanelment as Additional Secretary to the Government of India, contending that the Central Staffing Scheme (CSS) was unconstitutional, that its provisions were ultra vires Articles 309 and 312 of the Constitution, …

K.P. SUDHAKARAN AND ANR.versusSTATE OF KERALA AND ORS.

2006 INSC 315Appeal(s) allowed

The case concerned Lower Division Clerks (LDCs) recruited in different districts of Kerala, some of whom were transferred on their own request to another district and placed below the junior‑most local LDCs. The dispute arose over whether the seniority of these transferred LDCs for promotion to …

SALIM AKBARALI NANJIversusUNION OF INDIA AND ORS.

2006 INSC 316Dismissed

The Development Credit Bank sought the Reserve Bank of India's (RBI) permission to write off Rs 120 crore of non‑performing assets (NPAs) from its reserves. The RBI approved the request, and a shareholder of the bank filed a writ petition alleging that the RBI acted ultra vires by not following the …

OM PRAKASHversusSTATE OF U.P.

2006 INSC 317Dismissed

The appellant Om Prakash was convicted of raping a married woman (the prosecutrix) in the veranda of a Zila Parishad near a court, after having come to the premises to help her husband obtain bail. The victim’s testimony, corroborated by an eye‑witness (her brother‑in‑law) and medical examination, …

RAM BIRAJI DEVI AND ANR.versusUMESH KUMAR SINGH AND ANR.

2006 INSC 318Appeal(s) allowed

The complainant, Umesh Kumar Singh, alleged that the appellants, Ram Biraji Devi and another, accepted part payment for a plot of land but later refused to transfer it, leading him to file a criminal complaint under IPC sections 406, 419, 420 and 120B. The Judicial Magistrate took cognizance of the …

M/S. QUINN INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, HYDERABAD

2006 INSC 319

Quinn India Ltd manufactured a product called Penetrator 4893, originally classified under tariff item 68 and later under 3801.19. In 1986 the company re‑classified it under heading 3402.90 as a wetting (surface‑active) agent, relying on reports from a Chemical Examiner and the Chief Chemist of the …

T.N. GODAVARMAN THIRUMULPAD THROUGH THE AMICUS CURIAEversusASHOK KHOT AND ANR.

2006 INSC 311Disposed off

The Supreme Court had earlier ordered the closure of all un‑licensed saw‑mills, veneer and plywood units and barred any State from permitting their reopening without prior approval of the Central Empowered Committee (CEC). Despite this, the Principal Secretary of the Maharashtra Forest Department …

UBS AGversusSTATE BANK OF PATIALA

2006 INSC 312Appeal(s) allowed

USB AG issued an irrevocable Letter of Credit in favour of a beneficiary for the import of tin ingots. The beneficiary presented documents and USB AG paid the amount on 6 April 1998. Later, State Bank of Patiala (the issuing bank) learned that the beneficiary and its associated firms were involved …

G.M. TANKversusSTATE OF GUJARAT AND ANR.

2006 INSC 313Appeal(s) allowed

G.M. Tank, a Gujarat government servant, filed annual property returns that the department deemed disproportionate to his known income. The Anti‑Corruption Bureau investigated, filed a charge sheet alleging illegal accumulation of wealth, and a departmental enquiry found him guilty, resulting in his …

HARIGOVIND YADAVversusREWA SIDHI GRAMIN BANK & ORS.

2006 INSC 307Appeal(s) allowed

The appellant, a clerk‑cum‑cashier of Rewa Sidhi Gramin Bank, challenged the promotion of his juniors, arguing that the bank's promotion policy violated the seniority‑cum‑merit requirement under the Regional Rural Banks (Appointment & Promotion of Officers and other Employees) Rules, 1988. The High …

COMMISSIONER OF CUSTOMS, CHENNAIversusM/S. PENTAMEDIA GRAPHICS LTD.

2006 INSC 309Dismissed

The appeal concerned the classification of imported 'Motion Capture Animation Files' and whether they qualified for customs duty exemption under Customs Notification No.20/99-Cus as 'information technology software'. The respondent imported the files, valued at Rs. 7.02 crore, and claimed exemption, …

M/S. CENTROTRADE MINERALS & METAL INC.versusHINDUSTAN COPPER LTD.

2006 INSC 310Matter referred to larger bench

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing a clause that provided for arbitration in India and, if either party was dissatisfied, a second arbitration in London whose award would be binding. The Indian arbitrator issued a NIL award, after which …

JAYA BACHCHANversusUNION OF INDIA AND ORS.

2006 INSC 302Dismissed

Petitioner Jaya Bachchan, a Rajya Sabha member, was appointed Chairperson of the Uttar Pradesh Film Development Council with the rank of Cabinet Minister and a suite of benefits including honorarium, allowances, staff car, and accommodation. The Election Commission held that this post constituted an …

SANJAY KUMAR AND ORS.versusNARINDER VERMA AND ORS.

2006 INSC 303Disposed off

The Jammu & Kashmir Power Development Department recruited Junior Engineers (Electrical) under its 1981 Service Rules, which required either a degree or a diploma and made no distinction between the two at the recruitment stage. Unsuccessful degree‑holder candidates challenged the selection list, …

S. NARAYANAversusMD. AHMEDULLA KHAN AND ORS.

2006 INSC 304

S. Narayana, a senior assistant, was promoted and later appointed temporarily as an Extension Officer in the Andhra Pradesh Panchayati Raj Service. His services were regularised in the Extension Officer post, and his lien on the senior assistant post was terminated on the ground that he was not …

HERO VINOTH (MINOR)versusSESHAMMAL

2006 INSC 305Dismissed

The case arose from a dispute over a right of way granted in a 1950 partition deed among five brothers. The plaintiff (appellant) bought one brother's share and sought a permanent injunction to prevent the defendant (respondent), the widow of another brother, from obstructing his property with a …

BOARD OF TRUSTEES, PORT OF KOLKATAversusEFCLON TIE-UP PVT. LTD. AND ORS.

2006 INSC 306Appeal(s) allowed

The Kolkata Port Trust had leased premises to Das Reprographics Ltd. for 29 years, with a clause allowing renewal if notice was given and the lessee complied with covenants. The company went into liquidation in 1992, having defaulted on rent and taxes, and the lease terminated as per the deed. The …

SUNNY KAPOORversusSTATE (UT OF CHANDIGARH)

2006 INSC 293Appeal(s) allowed

The deceased businessman Satish Kumar Mehra was found dead near Udyog Bhavan, Chandigarh, and rickshaw pullers including Sunny Kapoor were charged with murder under Sections 302 and 34 of the IPC. The trial court convicted them based largely on circumstantial evidence and alleged extra‑judicial …

RAM BACHAN RAI AND ORS.versusRAM UDAI RAI AND ORS.

2006 INSC 294Appeal(s) allowed

The appellants, judgment debtors, sought to set aside an ex parte decree dated 3 May 1976 and later faced an execution application filed by the decree holders on 5 April 1991. The executing court held that the 12‑year limitation period under Article 136 of the Limitation Act began from the dismissal …

NAYINI NARASIMHA REDDYversusDR. K. LAXMAN AND ORS.

2006 INSC 295Dismissed

In the 2004 Musheerabad Assembly election, the appellant N. Narasimha Reddy lost by 240 votes and the respondent Dr. K. Laxman filed an election petition challenging the result. The petition sought summons of several voters as witnesses, alleging that their testimony was essential to prove that the …

MUNICIPAL COUNCIL, SUJANPURversusSURINDER KUMAR KUMAR

2006 INSC 296Appeal(s) allowed

The Municipal Council, Sujanpur terminated Surinder Kumar, a daily‑waged worker appointed in violation of its recruitment rules and allegedly as a supervisor. The Labour Court held that Kumar was a workman who had completed the requisite 240 days of work and ordered his reinstatement with full back …

ANIL KUMAR TULSIYANIversusSTATE OF U.P. AND ANR.

2006 INSC 297Appeal(s) allowed

The appellant, the State of Uttar Pradesh, challenged the Allahabad High Court's order granting bail to the respondent, an advocate charged with murder under IPC s.302 read with s.201. The High Court had allowed bail despite the offence being non‑bailable and the gravity of the crime, which involved …

LT. GOVERNOR, NCT AND ORS .versusVED PRAKASH @ VEDU

2006 INSC 298Appeal(s) allowed

The Lt. Governor of the NCT and other officials initiated externment proceedings against Ved Prakash @ Vedu under Section 47 of the Delhi Police Act, 1978, alleging that his movements caused alarm and danger and that witnesses were unwilling to testify due to fear. An order directing his removal …

SANJA Y SITARAM KHEMKAversusSTTE OF MAHARASHTRA AND ORS.

2006 INSC 299Dismissed

The petitioner, a jewellery businessman, alleged that two respondents conspired against him, leading to false criminal cases and defamatory media coverage. He filed a writ petition in the Bombay High Court seeking investigation, compensation, and other reliefs, which the High Court dismissed on the …

ASHOK KUMAR AND ORS.versusSTATE OF TAMIL NADU

2006 INSC 300Dismissed

The deceased Kumararaja and the appellants were co‑parceners disputing ownership of a piece of agricultural land. On the day of the incident the deceased went to plough the land, was threatened by the appellants, and asked two villagers (PW‑I and PW‑II) to accompany him. While the deceased was …

N. BIRENDRA SINGHversusL. PRIYOKUMAR SINGH AND ORS.

2006 INSC 301Disposed off

The petitioners, who had been regularised as Assistant Engineers with retrospective effect from their ad‑hoc appointments, challenged a seniority list prepared by the State of Manipur that did not reflect their seniority. A Single Judge of the Gauhati High Court quashed the final seniority list and …

STANDARD CHARTERED BANKversusANDHRA BANK FINANCIAL SERVICES LTD. & ORS

2006 INSC 291Appeal(s) allowed

The case concerns the ownership of Rs. 50 crore 9% tax‑free bonds (the "suit bonds") issued by Nuclear Power Corporation Ltd. (NPCL). Andhra Bank Financial Services Ltd. (ABFSL) sold the bonds to Standard Chartered Bank (SCB) on 26‑27 February 1992, and SCB paid consideration and received a Banker's …

LIFE INSURANCE CORPORATION OF INDIA AND ANR.versusSMT. S. SINDHU

2006 INSC 290Appeal(s) allowed

The Life Insurance Corporation of India (LIC) issued a 20‑year life insurance policy to K, who paid premiums for three years before the policy lapsed and later died. LIC paid the statutory paid‑up value of Rs 1,13,750 as per the policy’s non‑forfeiture clause, but the claimant, Smt. S. Sindhu, …

SAHEBRAO AND ANR.versusSTATE OF MAHARASHTRA

2006 INSC 284Dismissed

Sahebrao and Bhausaheb, husband and brother-in-law of Sangita, repeatedly demanded additional dowry (Rs 10,000 and a tape recorder) after her marriage, subjecting her to mental and physical cruelty. Within four months of marriage Sangita complained of harassment, was beaten, and eventually committed …

RAVI RAO GAIK WAD AND ORS.versusRAJAJINAGAR YOUTH SOCIAL WELFARE ASSON. AND ORS.

2006 INSC 285Appeal(s) allowed

The appellants filed writ petitions seeking a declaration that they were deemed to have been granted licences for operating video‑game businesses under Clause 4(8) of the Licensing and Controlling of Place of Public Amusement (Bangalore City) Order, 1989. Respondent No. I filed a separate …

NAVDEEPversusSTATE OF PUNJAB AND ORS.

2006 INSC 286Disposed off

Navdeep, a government teacher, was terminated after an enquiry found she had tampered with her B.Sc. mark sheet to meet eligibility percentages for a teaching post. The enquiry officer concluded that marks in Economics were reduced and marks in Computer Application increased, indicating intentional …

ADITYAPUR INDUSTRIAL AREA DEVELOPMENT AUTHORITYversusUNION OF INDIA AND ORS.

2006 INSC 287Dismissed

The Adityapur Industrial Area Development Authority (the Authority) challenged a notice issued by the Income Tax Department requiring the bank to deduct TDS on interest earned on its fixed deposits, arguing that its income was exempt under Article 289 of the Constitution and Section 10(20) of the …

INDERPREET SINGH KAHLON AND ORS.versusSTA TE OF PUNJAB AND ORS.

2006 INSC 288Disposed off

The Supreme Court examined the termination of over 150 civil and judicial officers appointed by the Punjab Public Service Commission during the tenure of its chairman, who was alleged to have taken bribes and corrupted the selection process. The appellants argued that their services were dismissed …

HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD.versusMAMNI

2006 INSC 275Modified

The respondent was engaged on an ad‑hoc basis as a Junior Technician for successive 89‑day periods from 1990 to 1992, each appointment ending with a one‑ or two‑day gap before the next. She was terminated on 7 August 1992 and later raised an industrial dispute. The Labour Court ordered her …

ANIL RISHIversusGURBAKSH SINGH

2006 INSC 277Appeal(s) allowed

The plaintiff filed a suit seeking a declaration that a sale deed dated 26‑03‑1991 was forged and therefore void. The defendant denied the allegation. The trial court, on the plaintiff's application, reframed the issue to question the validity of the deed, and the High Court upheld this reframing, …

I. I. T.KANPURversusUMESH CHANDRA AND ORS.

2006 INSC 278Appeal(s) allowed

The appellant, Indian Institute of Technology Kanpur, appointed the respondent as Senior Pilot Instructor (Glider) with a superannuation age of 60 years. The respondent claimed that his post was an academic one and therefore his retirement age should be 62 years, obtaining a writ order from the …

NAGAR MAHAPALIKA (NOW MUNICIPAL CORPN.)versusSTATE OF U.P. AND ORS.

2006 INSC 279Case Partly allowed

The Uttar Pradesh Municipal Corporation (Nagar Mahapalika) appointed several workers as apprentices on an ad‑hoc basis before the State sanctioned the temporary posts for which they were purportedly hired. After the sanctioned period ended, the workers were terminated. The Labour Court held that, …

PREM SINGH AND ORS.versusBIRBAL AND ORS.

2006 INSC 280Appeal(s) allowed

The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed …

A. JITENDRANA THversusJUBILEE HILLS COOP. HOUSE BLD. SOC. AND ANR.

2006 INSC 281Disposed off

The appellant, whose mother had been provisionally allotted a plot by Jubilee Hills Cooperative Society, sought the same plot or an alternative after the society cancelled the provisional allotment for non‑payment and allotted the land to another member (S). The appellant obtained an award from the …

U.O.I. AND ORS.versusBASHIR AHMED

2006 INSC 282Appeal(s) allowed

Bashir Ahmed, a former sepoy, served 9 years 7 months and 27 days, including a two‑year reserve liability, but did not meet the service length required for pension under the Army Instructions applicable at the time (15 years in colours and 2 years in reserve). The High Court, relying on a …

DUDHGANGA VIKAS SEWA SANTHA MARYADITversusDISTT. COLLECTOR-KOLHAPUR AND ORS.

2006 INSC 283Appeal(s) allowed

The appellant, Dudhganga Vikas Sewa Santha Maryadit, invested in the shares of the Kolhapur District Central Cooperative Bank Ltd. on 30‑12‑2002 and became a member of that federal society. An election for office‑bearers of the federal society was scheduled for April 2006, but the appellant's name …

STATE OF MAHARASHTRA AND ORS.versusNAGPUR DISTILLERS, NAGPUR AND ANR.

2006 INSC 272Appeal(s) allowed

The State of Maharashtra issued a demand for a fee under Rule 5(2) of the Bombay Rectified Spirit (Transport in Bond) Rules, 1951 against Nagpur Distillers, which purchases rectified spirit and extra neutral alcohol from other distilleries for manufacturing Indian Made Foreign Liquor (IMFL). The …

RAJ SINGHversusACHAL MISHRA AND ORS.

2006 INSC 270Appeal(s) allowed

The Supreme Court had earlier remitted a 1979 writ petition filed by Raj Singh, the occupant, to the Allahabad High Court on the condition that he deposit Rs 3,00,000 as arrears of rent. Raj Singh failed to pay the amount within the stipulated time, leading the High Court to dismiss his writ …

ACHAL MISHRAversusRAMA SHANKAR SINGH AND ORS.

2006 INSC 271Disposed off

The Supreme Court had earlier directed the tenants to deposit Rs 3,00,000 as a condition precedent for pursuing their writ petition concerning arrears of rent on a building occupied for 26 years without payment. The tenants applied for clarification, contending that a payment of Rs 1,45,860 made on …

BISHNU PRASAD DASHversusRAJ KUMAR AGARWAL AND ORS.

2006 INSC 273Disposed off

The appellant, representing IDCOL, challenged a decision of the Orissa High Court that set aside a government order awarding a copper cable tender to IDCOL and directed that a later higher offer by OSICL be considered. The High Court had entertained the writ petition without impleading IDCOL, …

MERCANTILE BANK LTD., BOMBAYversusTHE COMMISSIONER OF INCOME-TAX, BOMBAY CITY-III

2006 INSC 274Case Partly allowed

The Supreme Court examined two questions arising from Mercantile Bank Ltd.'s assessment for AY 1978‑79. First, it held that interest on doubtful advances kept in a suspense account was not assessable income, as the 1952 Central Board of Direct Taxes circular exempted such interest when there was no …

M/S. SUNRISE ASSOCIATESversusGOVT. OF NCT OF DELHI AND ORS.

2006 INSC 261Reference answered

The Supreme Court examined whether the sale of lottery tickets falls within the definition of "goods" for the purpose of State sales tax statutes. The Court held that a lottery ticket is merely a token evidencing a chance to win a prize, which constitutes an actionable claim under the Transfer of …

NEW INDIA ASSURANCE CO. LTD.versusHARSHADBHAI AMRUTBHAI MODHIYAND ANR.

2006 INSC 263Appeal(s) allowed

An employer had taken a Workmen's Compensation insurance policy with New India Assurance. After a workman's death, the Workmen's Compensation Commissioner awarded Rs. 2,25,220 plus 9% interest and directed the insurer to pay the amount. The insurer appealed, contending that its policy expressly …

P.D. AGRAWALversusSTATE BANK OF INDIA AND ORS.

2006 INSC 264Dismissed

P.O. Agrawal, a junior manager of State Bank of India, was repeatedly accused of misbehaving with senior officers and customers, leading to suspension and a series of disciplinary proceedings. After being acquitted in criminal trials, the bank’s disciplinary authority dismissed him, despite one …

OSWAL WOOLEN MILLS LTD.versusPUNJAB STATE ELECTRICITY BOARD & ANR.

2006 INSC 265Disposed off

Oswal Woolen Mills Ltd., an industrial electricity consumer, was subjected to a 17.5% surcharge by the Punjab State Electricity Board (PSEB) under circulars dated 21‑Jan‑1991 and 03‑May‑1991, which stipulated payment until the mill upgraded its supply from 11 kV to 33 kV or higher. The mill …

SURENDRA SINGH@ BITTUversusSTATE OF UTTARANCHAL

2006 INSC 266Case Partly allowed

The appellant Surendra Singh was prosecuted for the death of Ram Singh after a dispute over cattle damage to agricultural fields. The prosecution alleged that after a heated exchange and scuffle, the appellant’s elder brother Rajendra Singh urged him to kill Ram Singh, leading the appellant to fire …

INDU SHEKHAR SINGH AND ORS.versusSTATE OF U.P. AND ORS.

2006 INSC 267Appeal(s) allowed

Four former employees of U.P. Jal Nigam were deputed to the Ghaziabad Development Authority. The State offered them permanent absorption into the Development Authority Centralised Service on the condition that their past service in Jal Nigam would not be counted for seniority and that they would …

ICICI BANK LTD.versusSIDCO LEATHERS LTD. AND ORS.

2006 INSC 268Appeal(s) allowed

ICICI Bank and two other banks (first charge holders) and Punjab National Bank (second charge holder) had secured loans to Sidco Leathers Ltd., which was wound up and an Official Liquidator appointed. The first charge holders filed a suit in the Debt Recovery Tribunal and lodged a claim with the …

ANIL KUMAR VITTHAL SHETE AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2006 INSC 262Disposed off

The petitioners, comprising judges of Small Causes Courts of Bombay and Gujarat, chief judges, metropolitan magistrates and assistant judges, challenged the placement of their posts in the newly created Category 2 of the three‑tier judicial cadre, alleging demotion and violation of the Shetty …

UNION OF INDIAversusMIS. MILLENIUM MUMBAI BROADCAST PVT. LTD.

2006 INSC 269Dismissed

The Union of India granted FM broadcasting licences to ten operators, including Millenium Mumbai Broadcast Ltd., with a requirement to co‑locate transmission facilities. Five operators defaulted, leading the licensor to allow the remaining five to use interim facilities and later require them to pay …

D.C. AGGARWAL (DEAD) BY LRS.versusSTATE BANK OF INDIA AND ANR.

2006 INSC 258Dismissed

The appellant, a former Deputy General Manager of State Bank of India, sought promotion to General Manager (TEGS VII) and an extension of service beyond the age of superannuation. Both claims were rejected by the Bank after a structured interview and a three‑member committee assessment, …

MARWAR GRAMIN BANK AND ANR.versusRAM PAL CHOUHAN

2006 INSC 259Disposed off

Ram Pal Chouhan, a staff member of Marwar Gramin Bank, was dismissed under Regulation 30(1)(f)/(t) of the Bank's Service Regulations for alleged illegal gratification and other misconduct, including charges relating to cash‑book irregularities (charges 6 and 7). He challenged the dismissal by filing …

GUDDU @ SANTOSHversusSTATE OF MADHYA PRADESH

2006 INSC 260Case Partly allowed

The appellant, Guddu, was accused of raping a minor girl, Sushama, after entering her home while her parents were away, removing her underwear and sitting on her. The victim, her mother, and her grandfather testified to the incident, and a medical examination revealed swelling and redness of the …

MANAGEMENT, METTUR BEARDSELL LTD.versusWORKMEN OF METTUR BEARDSELL. LTD. & ANR.

2006 INSC 256Disposed off

Mettur Beardsell Ltd, facing financial difficulties, transferred its textile operations to its wholly‑owned subsidiary Mettur Textile Pvt. Ltd. The workers were individually notified and several unions entered into settlements under Section 12(3) of the Industrial Disputes Act, agreeing to become …

STATE OF U.P. AND. ANR.versusUPTRON EMPLOYEES UNION CMD-I AND ORS.

2006 INSC 257Appeal(s) allowed

The Supreme Court examined whether the Board of Industrial and Financial Reconstruction (BIFR) could, under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), direct the State of Uttar Pradesh to pay the wages of workmen employed by M/s. UPTRON, a sick company that is a subsidiary …

AMARJIT KAUR AND ORS.versusKARAMVIR SINGH AND ORS.

2006 INSC 243Dismissed

Ajit Singh, a common ancestor, sold ancestral land to Bishan Singh without consideration. Joginder Singh, a descendant, sued to declare the sale void and protect his reversionary rights, obtaining a decree that the sale would not affect those rights after Ajit Singh's death. A compromise was later …

MST. SUGANIversusRAMESHWAR DAS AND ANR.

2006 INSC 244Appeal(s) allowed

Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for …

PADMA BEN BANUSHALI AND ANR.versusYOGENDRA RATHORE AND ORS.

2006 INSC 245Appeal(s) allowed

The appellants obtained a decree for eviction of the respondents. While the respondents' appeal was pending, the parties entered into an agreement to withdraw the appeal and not to execute the decree, conditional upon the execution of a sale deed. The appellants later filed an execution application; …

BUDHAN SINGH AND ORS.versusSTATE OF BIHAR

2006 INSC 246Case Partly allowed

The appellants Budhan Singh and others were convicted under Section 201 of the Indian Penal Code for causing the disappearance of evidence after allegedly snatching away the injured deceased’s body from a cot at the scene of a shooting. The prosecution alleged that the accused, armed and present, …

PANDIT VASUDEV VYAS (DEAD) THROUGH LRS.versusBOARD OF MGMT, S.S.J.S. PEETH AND ORS.

2006 INSC 247Appeal(s) allowed

The dispute concerned the appointment of a sole trustee for the Karveer Peeth, a public trust registered under the Bombay Public Trust Act, after the Charity Commissioner appointed the second respondent under s.47. The appellant argued that the presiding Swami must be a sannyasi and that clause 5 of …

DEVENDRA KUMAR SINGHversusADMINISTRATOR, BIHAR COOP. MKT. UNION LTD. AND ANR.

2006 INSC 248Appeal(s) allowed

The appellant, an employee of Bihar State Cooperative Marketing Union Ltd (BISCOMAUN), had not received his salary since January 1996 and filed a writ petition in the Patna High Court. A Single Judge ordered the employer to pay the salary and suggested winding up the organization, but a Division …

JITENDRA RAM @JITUversusSTTE OF JHARKHAND

2006 INSC 249Appeal(s) allowed

The appellant Jitendra Ram (Jitu) was convicted of murder and abetment of suicide under Sections 302 and 201 of the IPC and sentenced to life imprisonment. He contended before the Supreme Court that he was a minor at the time of the offence (18‑11‑1985) and therefore entitled to the protection of …

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 250Dismissed

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen …

S.S. RANAversusREGISTRAR, CO-OPERATIVE SOCIETIES AND ANR.

2006 INSC 251Dismissed

S.S. Rana, a Branch Manager of Kangra Central Co‑operative Bank Ltd., was terminated after a disciplinary proceeding under Rule 56(b) of the bank's employee rules read with Section 35‑B(4) of the Himachal Pradesh Co‑operative Societies Act, 1968. He appealed the termination, which was dismissed, and …

STATE OF RAJASTHAN AND ANR.versusKULWANT KAUR

2006 INSC 252Appeal(s) allowed

Kulwant Kaur was appointed temporarily as a primary school teacher in Rajasthan with only a diploma in tailoring, lacking the statutory qualifications of matriculation and Basic Short Training Certificate (BSTC) required under the Rajasthan Panchayat Samiti & Zila Parishad Service Rules, 1959 (later …

BIR SINGHversusSTATE OF HIMACHAL PRADESH

2006 INSC 253Dismissed

Bir Singh approached a police out‑post seeking police escort to his village amid a reported faction fight. The Assistant Sub‑Inspector declined, asking him to stay, after which Bir Singh assaulted the officer with a khukhri, inflicting multiple grievous injuries. The assault was witnessed by two …

GURSWAROOP JOSHIversusBEENA SHARMA & ORS.

2006 INSC 254Appeal(s) allowed

Harbans Lal Joshi executed a will on 3 January 1980, which later became the subject of a probate application filed by Gurswaroop Joshi under Section 276 of the Indian Succession Act, 1925. The trial court granted probate, but the widow and other heirs appealed, contending that certain clauses in the …

JAYASINGHversusK.K. VELAYUTHAM AND ANR.

2006 INSC 255Appeal(s) allowed

The appellant, an Assistant Engineer, removed a tea stall from a hospital campus on the explicit direction of the Executive Engineer, in accordance with a government policy to eliminate kiosks for public health reasons. A complaint was filed by the stall owner's husband, but it made no allegation …

D.ANURADHAversusJOINT SECRETARY AND ANR.

2006 INSC 239Dismissed

The appellant, D. Anuradha, challenged the preventive detention of her husband under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging procedural violations. She contended that the reference to the COFEPOSA Advisory Board was made after …

STATE OF KERALA AND ORS.versusSUNIL KUMAR AND ORS.

2006 INSC 240Appeal(s) allowed

The predecessor of the respondents was granted a lease over forest land, but later encroached on an additional 146.42 acres. The Kerala State Government initially decided to regularise the encroachment by granting a lease, but after the Forest Conservation Act, 1980 came into force, it rejected the …

PURUSHOTTAM KUMAR JHAversusSTA TE OF JHARKHAND AND ORS.

2006 INSC 242Dismissed

Purushottam Kumar Jha, appointed as a Field Clerk on compassionate grounds by the State of Bihar in 1996, was provisionally transferred to the newly created State of Jharkhand after the Bihar Reorganisation Act, 2000. He claimed he was actually a Law Officer/Legal Assistant, refused clerical duties, …

ASHOK LENKAversusRISHI DIKSHIT AND ORS.

2006 INSC 237Appeal(s) allowed

The State of Chhattisgarh granted excise licences for retail liquor sale under the Chhattisgarh Excise Act, 1915 and the 2002 Rules. After objections were raised, a writ petition was filed before the Chhattisgarh High Court, naming 65 licence‑holders as parties while omitting 126 others. The High …

M/S. MUKUND LTD.versusHINDUSTAN PETROLEUM CORPORATION LTD.

2006 INSC 238Disposed off

Mukund Ltd appealed against an arbitral award that ordered it to pay Rs 1.26 crore plus costs and post‑decree interest at 11% per annum to Hindustan Petroleum. The Bombay High Court reduced the quantum to Rs 71.3 lakhs but retained the 11% interest rate. Mukund sought further relief, contending that …

M/S. H.P.L. CHEMICALS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, CHANDIGARH

2006 INSC 236Appeal(s) allowed

H.P.L. Chemicals Ltd., a manufacturer of hydrazine, produced a by‑product called "denatured salt" and claimed it should be classified under heading 25.01 of the Central Excise Tariff Act, 1985, which carries a nil duty rate. The Deputy Commissioner classified the product under heading 38.23 (now …

STATE OF KARNATAKA AND ANR.versusALL INDIA MANUFACTURERS ORGANIZATION AND ORS.

2006 INSC 235Dismissed

The State of Karnataka entered into a Memorandum of Understanding and a Framework Agreement (FWA) with a private consortium to develop the Bangalore‑Mysore Infrastructure Corridor, requiring acquisition of about 20,193 acres of land. Several public‑interest writ petitions challenged the FWA on …

ASHOK LAXMAN GAIKWADversusST ATE OF MAHARASHTRA

2006 INSC 233Dismissed

The appellant, Ashok Laxman Gaikwad, was convicted of murder under Section 302 of the Indian Penal Code for allegedly setting fire to his lover by pouring kerosene on her and igniting it with a match. The prosecution's case relied heavily on the deceased's dying declaration recorded by a magistrate …

RAJ PAL AND ORS.versusTHE STATE OF HARYANA

2006 INSC 234Case Partly allowed

The appellants, Raj Pal and others, assaulted a deceased and several witnesses with lathis over a property dispute, resulting in the deceased's death. They claimed the assault was in private defence of their person and property, asserting that they had suffered injuries themselves. The trial court …

GURDEV KAUR AND ORS.versusKAKI AND ORS

2006 INSC 231Appeal(s) allowed

The case concerned a dispute over the validity of a will executed by the deceased, Chanan Singh, in favour of his second wife, Bhagwan Kaur, which disinherited the daughters of his first wife. The trial court and the first appellate court upheld the will as a natural document executed by a sound …

INDIAN BANKversusABS MARINE PRODUCTS PVT. LTD.

2006 INSC 232Dismissed

Indian Bank filed an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 to recover a loan amount. While the application was pending, the borrower, ABS Marine Products, sued the bank in the Calcutta High Court for damages …

M/S INDCON STRUCTURALS (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, CHENNAI

2006 INSC 229Appeal(s) allowed

Indcon Structurals (P) Ltd, a manufacturer of cement tiles, claimed exemption from a 15% ad valorem excise duty under Notification No. 59/90‑CE, which excluded "floor coverings in rolls or in the form of tiles" from the benefit. The Revenue argued that the tiles fell within the excluded category. …

TRANSMISSION CORPN., A.P. LTD. AND ORS.versusP. RAMACHANDRA RAO AND ANR.

2006 INSC 230Appeal(s) allowed

The respondents, who retired on 30 April 1990, sought parity in pension and terminal benefits with employees retiring on or after 1 July 1990, arguing that the corporation's pay‑scale revision dated 1 July 1990 discriminated against them. The corporation relied on a Memorandum of Settlement executed …