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Judgments of 2006

1027 judgments · newest first · showing 801–1000

JINDAL STAINLESS LTD. AND ANR.versusSTATE OF HARYANA AND ORS.

2006 INSC 224Reference answered

The Supreme Court examined the constitutional validity of the Haryana Local Area Development Tax Act, 2000, which imposed an entry tax on goods entering local areas. The key issue was whether such a tax qualified as a "compensatory tax" and therefore fell outside the prohibition of Article 301 of …

STATE OF MAHARASHTRA AND ANR.versusSURESH PANDURANG DARVAKAR

2006 INSC 227Appeal(s) allowed

The State of Maharashtra appealed against a Bombay High Court order that released convicted rapist Suresh Pandurang Darvakar on furlough. Darvakar, sentenced to seven years for offences under Sections 376 and 354 IPC, applied for furlough but his sister refused to stand surety, and police reports …

R.D. UPADHYAYversusSTATE OF A.P. AND ORS.

2006 INSC 225Disposed off

The Supreme Court examined the plight of children who reside in jails with their mother‑prisoners, whether under‑trial or convicted, and found that existing provisions were inadequate. Relying on constitutional guarantees (Articles 14, 15, 21, 23, 24, 39, 42, 45, 46, 47) and international …

U.P.S.R.T.C. LTD.versusSARADA PRASAD MISRA AND ANR.

2006 INSC 226Disposed off

Sarada Prasad Misra was appointed as a conductor on a temporary, ad‑hoc basis by U.P. State Road Transport Corporation and was terminated in September 1975 with one month’s salary in lieu of notice. After a delay of about seven years he filed an application under Section 2‑A of the U.P. Industrial …

RAMA NARANGversusRAMESH NARANG AND ANR.

2006 INSC 222Hearing Adjourned

The petitioners, father and half‑brothers, entered into a "Minutes of Consent Order" that settled a series of family and corporate disputes and was incorporated into a court decree. The respondents later allegedly breached specific clauses of that consent order concerning the control of a company. …

MINU KUMARI AND ANR.versusSTATE OF BIHAR AND ORS.

2006 INSC 223Appeal(s) allowed

An FIR was lodged alleging offences under Sections 341, 323 and 435 IPC. Police investigation found that two women, Minu Kumari and Runjhun Kumari, were not involved and submitted a charge sheet only against two men. The Chief Judicial Magistrate, however, took cognizance and issued summons against …

LOK RAMversusNIHAL SINGH AND ANR

2006 INSC 218Dismissed

The appellant Lok Ram was not originally named as an accused in a dowry‑death case in which his sons were convicted. The complainant applied under Section 319 of the Code of Criminal Procedure to summon Lok Ram as an accused; the trial court rejected the application on the ground that the …

T.N. GODAYARMAN THIRUMALPADversusUNION OF INDIA AND ORS.

2006 INSC 219Disposed off

The petitioners challenged the Central Empowered Committee’s (CEC) recommendations to demolish fish‑tanks (bunds) constructed inside Kolleru Lake Wildlife Sanctuary and to prohibit the use or transport of inputs for pisciculture, arguing that demolition could only follow acquisition of private lands …

NANYA IMPORTS & EXPORTS ENTERPRISESversusCOMMISSIONER OF CUSTOMS, CHENNAI

2006 INSC 220Appeal(s) allowed

Nanya Imports & Exports Enterprises, a partnership dealing in leather‑footwear materials, imported PU‑coated leather fabrics intended for use as insoles and midsoles. The goods were supplied in 50‑metre lengths and rolled for safe transport, but the Customs authority denied the exemption under …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2006 INSC 217Dismissed

The Supreme Court examined a public‑interest litigation filed by Deepak Agarwal challenging the lease of about 15 hectares of land to Maruti Clean Coal and Power Ltd for a coal‑washery, alleging that the land was forest land under the Forest (Conservation) Act, 1980. The Court first assessed the …

SECRETARY, STATE OF KARNATAKA AND ORS.versusUMADEVI AND ORS.

2006 INSC 216Disposed off

The case concerned employees of the Karnataka Commercial Taxes Department who had been engaged on daily‑wage contracts since 1985‑86 and claimed, after more than ten years of service, that they were entitled to regularisation and the benefits of regular employees. The High Court had ordered that …

SYNDICATE BANKversusCHANNA VEERAPPA BELERI AND ORS.

2006 INSC 221Appeal(s) allowed

Syndicate Bank extended various credit facilities to Gadag Forge Fits (India) Pvt Ltd. The company’s directors executed personal continuing guarantees payable on demand. When the company’s accounts became dormant in mid‑1986, the Bank sent a demand letter on 12 Oct 1987 and a formal notice on 17 Dec …

UNION OF INDIA AND ANR.versusSATYPRAKASH AND ORS.

2006 INSC 202Dismissed

The Union of India appealed a High Court order that had granted relief to several OBC candidates, including the petitioner, who were denied appointments despite being recommended by the UPSC for the 174 OBC‑reserved vacancies. The respondents argued that OBC candidates selected on merit (i.e., …

T. ARUNTPERUNJOTHIversusSTATE THROUGH S.H.O., PONDICHERRY

2006 INSC 203

The Supreme Court considered the appeal of T. Arunthperunjothi, who had been convicted under Section 304B of the IPC for the alleged dowry death of his wife Davamani, who committed suicide in 1994. The prosecution alleged that the husband or his relatives had demanded dowry and harassed the …

MUNIVELversusSTATE OF TAMIL NADU

2006 INSC 204Dismissed

The Supreme Court examined whether the appellants, who were part of an armed group that attacked the deceased Babu Naidu and his family, could be held liable under Section 302 read with Section 149 of the Indian Penal Code. The facts showed that the accused, including the appellants, arrived with …

STA TE OF CHHATTISGARHversusLEKHRAM

2006 INSC 205

The State of Chhattisgarh prosecuted Lekhram for abduction and rape of a married minor, Sushila Bai. The trial court, relying on a school register entry and oral testimony, held that she was a minor at the time of the offence and convicted Lekhram under Section 376 IPC, sentencing him to three …

NAGARATHINAM AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE

2006 INSC 206Appeal(s) allowed

The appellants, owners of a brick kiln, were charged with murder, rioting and related offences after a violent clash at a village panchayat meeting that left two persons dead. The trial court convicted them under Section 302 read with Section 149 IPC, while the High Court acquitted them of the 149 …

DHANESHWAR MAHAKUD AND ORS.versusSTATE OF ORISSA

2006 INSC 207Dismissed

Six Mahakud family members were tried for murder, rioting and causing hurt under IPC sections 148, 149, 302 and 323. The High Court acquitted two of them but upheld the conviction of the remaining four for murder. The appellants argued that, because the prosecution could not show that each of them …

STATE OF HARYANAversusRANBIR @ RANA

2006 INSC 208Appeal(s) allowed

The accused, Ranbir, was seized with a plastic bag containing 2 kg of charas after a police search of the bag he was carrying. He was convicted under Section 20 of the NDPS Act, but the High Court set aside the conviction on the ground that Section 50, which mandates a search in the presence of a …

COMMISSIONER OF POLICE, NEW DELHIversusNARENDER SINGH

2006 INSC 209Appeal(s) allowed

The case involved Constable Narender Singh, who confessed to theft of firearms while in police custody and was later discharged in the criminal trial due to lack of other evidence. He was dismissed from service in a departmental proceeding based on that confession. The Central Administrative …

RANJIT SINGHversusUNION OF INDIA AND ORS.

2006 INSC 210Appeal(s) allowed

The appellant, an Inspector of Central Excise and Customs, was investigated by the CBI for possessing assets disproportionate to his known income. Although the CBI later filed a closure report and the departmental Enquiry Officer exonerated him, the Disciplinary Authority disagreed with the enquiry …

M.V. BIJLANIversusUNION OF INDIA AND ORS.

2006 INSC 211Appeal(s) allowed

The appellant, a junior engineer, was charged with non‑maintenance of an ACE‑8 register and alleged failure to supervise copper‑wire work. Disciplinary proceedings were initiated five years after he handed over charge and continued for seven years, culminating in his removal from service. The …

T. MADHAVA KURUPversusT.C. MADHAVA KURUP (D) BY LRS. AND ORS.

2006 INSC 212Appeal(s) allowed

The case concerned the succession of a "Tavazhi" (customary joint family) property in Kerala after the death of the last female member. The trial court held that the two surviving male members became co‑owners and allowed a partition suit filed by the heirs of one of them; the High Court reversed, …

GURSEWAK SINGHversusAVTAR SINGH AND ORS.

2006 INSC 213Appeal(s) allowed

In the 2003 election for Sarpanch of Gram Panchayat Ralla, Gursewak Singh was declared winner over Avtar Singh. Avtar Singh filed an election petition seeking a recount, leading to a High Court examination of the ballot papers which revealed serious irregularities and a lack of proper segregation. …

CENTRAL GOVERNMENT OF INDIA AND ORS.versusKRISHNAJI PARVETESH KULKARNI

2006 INSC 214Appeal(s) allowed

The respondents had purchased Indira Vikas Patras (IVPs) from post offices and subsequently lost the certificates. The post offices refused to issue duplicate certificates, relying on Rule 7(2) of the Indira Vikas Patra Rules, 1986, which bars replacement of lost, stolen, mutilated, defaced or …

NARINDER MOHAN ARYAversusUNITED INDIA INSURANCE CO. LTD. & ORS.

2006 INSC 215Appeal(s) allowed

The appellant, an inspector with United India Insurance, was dismissed after a departmental inquiry found him guilty of antedating an insurance cover note following a fire. He appealed, but the appellate authority upheld the dismissal. Simultaneously, a civil suit by the consignor concluded that the …

HARI SHANKAR SINGHANIA AND ORS.versusGAUR HARI SINGHANIA AND ORS.

2006 INSC 197Appeal(s) allowed

Three brothers dissolved their partnership in 1987 but later disagreed over the division of immovable assets. After numerous letters seeking an amicable settlement, the last correspondence was dated 29 September 1989. The appellants filed a petition under Section 20 of the Arbitration Act, 1940 on 8 …

PUNJAB STATE INDUSTRIAL DEV. CORPN. LTD.versusP.N.F.C. KARAMCHARI SANGH AND ANR.

2006 INSC 198Appeal(s) allowed

The Punjab State Industrial Development Corporation Ltd (PSIDC) promoted Punjab National Fertiliser & Chemical Ltd (PNFC), which was wound up under the Sick Industrial Companies (Special Provisions) Act, 1985. PNFC failed to pay wages to its workers, who approached the Punjab Chief Minister, who …

UNITED INDIA INSURANCE CO. LTD., SHIMLAversusTILAK SINGH AND ORS.

2006 INSC 199Appeal(s) allowed

The appellant insurer had issued a statutory third‑party motor insurance policy for a scooter sold by respondent No.5 to respondent No.1 in March 1989, but no notice of the transfer was given to the insurer. The scooter was involved in an accident on 31 October 1989, after the Motor Vehicles Act, …

HARIHAR NATH AND ORS.versusSTATE BANK OF INDIA AND ORS.

2006 INSC 200Dismissed

The appellants, directors of Nalanda Ceramic & Industries Ltd., had secured a loan from State Bank of India by mortgaging the company's assets and providing personal guarantees. The bank filed a title mortgage suit against the company and the directors, but the High Court later ordered the winding …

KARNATAKA POWER CORPORATION LIMITED AND ANR.versusK. THANGAPPAN AND ANR.

2006 INSC 201Appeal(s) allowed

The dispute arose from a 1979 settlement under Section 12(3) of the Industrial Disputes Act, whereby a workman who had been on the nominal muster roll was to be appointed to a vacancy when one arose. The workman failed to report for duty in 1979 and his name was removed; after nearly two decades he …

MALIK MAZHAR SULT AN AND ANR.versusU.P. PUBLIC SERVICE COMMISSION AND ORS.

2006 INSC 193Appeal(s) allowed

The Uttar Pradesh Public Service Commission was directed to recruit 347 Civil Judges (Junior Division) starting in November 2002, but the examination was delayed until March 2004. The advertisement set the upper age limit as 35 years on 1 July 2004 and also claimed that candidates within the age on …

CHAIRMAN, NEYVELI LIGNITE CORPN. LTD.versusC. GOVINDA PADAYACHI AND ANR.

2006 INSC 194Appeal(s) allowed

The appellant, Chairman, Neyveli Lignite Corp., acquired land under the Land Acquisition Act, 1894 and paid compensation to the respondent, C. Govinda Pada Yachi, as determined by the Collector and later enhanced by a reference court. The High Court directed the appellant to deposit the enhanced …

JOSEPH ANTONY LAZARUS (DEAD) BY LRS.versusA.J. FRANCIS

2006 INSC 195Dismissed

Mrs. Solomon Lazarus executed a Will in 1979 bequeathing her house property to her son Joseph Antony Lazarus and another son, Cecil Lazarus. Joseph Antony Lazarus applied for probate without disclosing other interested heirs, and probate was initially granted but later revoked on a petition by his …

STATE OF MAHARASHTRA AND ORS.versusA.P. PAPER MILLS LTD.

2006 INSC 196Appeal(s) allowed

The State of Maharashtra issued tender notices for the sale of forest bamboo units, requiring a 10% earnest money deposit. A.P. Paper Mills submitted its tender on the deadline of 15 July 1987 and deposited the earnest money. The tender notice stipulated that an offer remains valid for 45 days and …

STATE OF M.P.versusBADRI Y ADAV AND ANR.

2006 INSC 191Appeal(s) allowed

The State of Madhya Pradesh appealed the acquittal of Badri Yadav, who had been convicted for murder under IPC s.302 read with s.34. Two key witnesses, PW‑8 (Mohd. Amin) and PW‑9 (Zakir Ali), originally testified as eye‑witnesses under s.164 CrPC and were cross‑examined as prosecution witnesses in …

SMT. SANDHYA JADHAVversusSTATE OF MAHARASHTRA

2006 INSC 192Case Partly allowed

The appellant Sandhya Jadha and co‑accused, who were tenants, assaulted their landlord when he came for rent and, during the ensuing quarrel, the appellant delivered a knife blow to the back of the landlord's nephew, who later died. They were convicted under Section 302 IPC (murder) and related …

STATE OF MAHARASHTRAversusSANT DNYANESHWAR SHIKSHAN SHASTRA MAHAVIDYALAYA AND ORS.

2006 INSC 190Dismissed

The petitioners, a public trust seeking to start a B.Ed. college, obtained recognition from the National Council for Teacher Education (NCTE) under the National Council for Teacher Education Act, 1993, but the Maharashtra Government refused to issue a No‑Objection Certificate (NOC) based on a policy …

MAHARASHTRA STATE FINANCIAL CORPORATIONversusASHOK K. AGARWAL AND ORS .

2006 INSC 189Dismissed

Maharashtra State Financial Corporation (MSFC) had sanctioned a loan to Crystal Marketing Pvt Ltd, whose directors stood as sureties. After default, MSFC invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to sell hypothecated property, and later, after a shortfall, issued …

AKHIL SHARAT GOSEWA SANGHversusSTATE OF A.P. AND ORS.

2006 INSC 186

The Supreme Court examined a series of appeals challenging the grant of an industrial licence to Al‑Kabeer Exports Ltd. for a mechanised slaughter‑house in Medak district, Andhra Pradesh. The petitioners argued that the licence violated location prohibitions, environmental standards, the Andhra …

MARUTI UDYOG LTD.versusSUSHEEL KUMAR GABGOTRA AND ANR.

2006 INSC 187Appeal(s) allowed

The consumer purchased a Maruti car that developed a clutch defect within the warranty period. Despite multiple attempts, the company and its authorized dealer failed to rectify the defect. The consumer filed a complaint under Section 17 of the J&K Consumer Protection Act, 1988 seeking a refund of …

S. RAJESWARIversusS.N. KULASEKARAN AND ORS.

2006 INSC 188Appeal(s) allowed

The appellant obstructed delivery of possession of land that the respondent had obtained by decree. The respondent filed an application under Section 151 CPC before the executing court, which recorded evidence and adjudicated the matter, effectively treating it as an application under Order XXI Rule …

PRESIDENT, SUICversusSTATE OF KERALA AND ORS.

2006 INSC 182Disposed off

The President of the Southern India Undivided Church (SIUC) challenged Kerala State notifications that treated Hindu Nadars and Christian Nadars as a single Other Backward Class for reservation purposes under Article 16(4) of the Constitution. The Kerala High Court had held those notifications …

PUNJAB & SIND BANKversusALLAHABAD BANK AND ANR.

2006 INSC 183Appeal(s) allowed

Respondent No. I (Allahabad Bank) instituted a suit against appellant Punjab & Sind Bank for recovery of a large sum. The appellant moved to dismiss the suit, contending that the Supreme Court's directives in the ONGC‑1 case required disputes involving the Government or its undertakings to be …

EWANLANGKI-E-RYMBAIversusJAINTIA HILLS DISTRICT COUNCIL AND ORS.

2006 INSC 184Dismissed

The petitioners, a Christian member of the Jaintia Scheduled Tribe, challenged Section 3(1) of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, which required the election of the Doloi (chief) to follow the tribal custom that the office …

AVAS VIKAS SANSTHAN AND ANR.versusAVAS VIKAS SANSTHAN ENGINEERS ASSN. AND ORS.

2006 INSC 185Disposed off

The Rajasthan Government dissolved Avas Vikas Sansthan (AVS) after it incurred heavy losses and offered its 604 employees alternative employment in various local bodies, conditional on affidavits that they would not claim continuity of service or pay protection. The employees accepted the scheme, …

HINDUSTAN POLES CORPORATIONversusCOMMISSIONER OF CENTRAL EXCISE, CALCUTTA

2006 INSC 181Appeal(s) allowed

Hindustan Poles Corporation imported duty‑paid electric‑resistant steel pipes and welded three pipes of different diameters together to form stepped transmission poles. The Central Excise authorities issued show‑cause notices asserting that this welding created a new product liable to excise under …

SANKARAN MOITRAversusSADHNA DAS AND ANR.

2006 INSC 172Appeal(s) allowed

On the day of a West Bengal Assembly election, Assistant Commissioner Sankaran Moitra led a police lathi charge at a polling booth, during which the husband of complainant Sadhna Das was beaten to death. A private complaint was filed, the Chief Judicial Magistrate took cognizance and issued a …

RAMREDDY RAJESHKHANNA REDDY AND ANR.versusSTATE OF ANDHRA PRADESH

2006 INSC 173Appeal(s) allowed

The appellants were convicted of murder under IPC s.302 read with s.34 based largely on circumstantial evidence, an eye‑witness statement recorded three days after the incident, and a recovered knife. The defence argued that the witness statements were inconsistent, the time of death could not be …

A. SUDHAKARversusPOST MASTER GENERAL, HYDERABAD AND ANR

2006 INSC 175Dismissed

Sub‑Post Master A. Sudhakar was charged with misappropriating Rs 5,000 received for a Kisan Vikas Patra. A departmental enquiry found him guilty of the first charge and part of a third charge and the Director of Postal Services, who was also his appointing authority, imposed compulsory retirement. …

NATIONAL INSURANCE CO. LTD.versusSMT. KUSUM RAI AND ORS.

2006 INSC 176Dismissed

A taxi insured with National Insurance Co. was driven by a Khalasi who held only a Light Motor Vehicle licence, not a licence for a commercial vehicle. The vehicle met with an accident, resulting in the death of a 12‑year‑old girl. The claimants filed a petition under Sections 163A and 166 of the …

STATE OF TAMIL NADU AND ANR.versusP. KRISHNAMURTHY AND ORS.

2006 INSC 177

The State of Tamil Nadu, after a high‑level committee report on environmental damage caused by sand quarrying, inserted Rule 38A in the Tamil Nadu Minor Mineral Concession Rules to vest exclusive sand‑quarrying rights in the State and to terminate all existing private leases. The Madras High Court …

KERALA SAMSTHANA CHETHU THOZHILALI UNIONversusSTATE OF KERALA AND ORS.

2006 INSC 178Appeal(s) allowed

The State of Kerala, after banning the sale of arrack in 1996, enacted the Kerala Abkari Shops Disposal Rules, 2002 which required that each toddy shop employ one former arrack worker. The rules (specifically Rules 4(2) and 9(10)(b)) were challenged by a federation of toddy‑tappers and toddy‑shop …

STATE OF JHARKHAND AND ORS.versusTATA CUMMINS LTD. AND ANR.

2006 INSC 179Dismissed

The State of Jharkhand sought to deny Tata Cummins Ltd. the sales‑tax exemption granted under Industrial Policy 1995 and notifications 478/479, arguing that the company did not have legal title to the land and could not produce a registered lease of fifteen years. Tata Cummins contended that it …

STATE OF PUNJAB AND ANR.versusMEWA SINGH

2006 INSC 166Appeal(s) allowed

The State of Punjab acquired land for urban development in SAS Nagar and framed a 1974 scheme to allot residential plots to persons whose land was taken. Mewa Singh, claiming a one‑fourth share in 66 kanals 9 marlas, applied in 1980 for a plot, asserting sole entitlement. Earlier writ proceedings …

CHIEF ADMINISTRATOR PUDA AND ANOTHERversusMRS. SHABNAM VIRK

2006 INSC 167Appeal(s) allowed

The Punjab Urban Development Authority (PUDA) advertised a housing scheme with a tentative flat price of Rs 6.3 lakh, stating that the price could be revised upward. Applicants, including the respondent, applied, signed a proforma undertaking to abide by all terms and to pay any higher cost due to …

O. KONAVALOVversusCOMMANDER, COAST GUARD REGION AND ORS.

2006 INSC 168Appeal(s) allowed

A Panama‑registered vessel carrying Ukrainian crew entered Indian territorial waters without authorization and was arrested by the Coast Guard. The Customs Department seized the cargo and later confiscated the vessel under the Customs Act, 1962. The chief officer and other crew members filed …

RISHIROOP POLYMERS PVT. LTD.versusDESIGNATED AUTHORITY AND ADDITIONAL SECRETARY

2006 INSC 169Disposed off

Rishiroop Polymers imported Acrylonitrile‑Butadiene Rubber (NBR) from Germany and Korea. The Designated Authority, under the Customs Tariff Act, found that such imports caused material injury to the domestic industry and imposed an anti‑dumping duty. The Customs, Excise and Gold (Control) Appellate …

RISHI ROOP POLYMERS PVT. LTD.versusDESIGNATED AUTHORITY AND ADDL. SECRETARY AND ORS.

2006 INSC 170Case Partly allowed

Synthetics and Chemicals Ltd filed an anti‑dumping petition alleging that imports of Styrene Butadiene Rubber (SBR) from several countries were injuring the domestic industry. The Designated Authority (DA) investigated, classified the imports under custom sub‑heading 4002.19, and recommended …

N. SRINIVASA RAOversusSPL. COURT UNDER A.P. LAND GRABBING (PROHIBITION) ACT AND ORS.

2006 INSC 171Disposed off

The case concerned agricultural lands originally purchased by a protected tenant, Uppari Ramaiah, under the Andhra Pradesh Tenancy Act, 1950. Ramaiah sold portions of the land to non‑agriculturists without the required Tahsildar sanction, rendering the transfers void under Sections 47 and 49 of the …

PERCEPT D'MARK (INDIA) PVT. LTD.versusZAHEER KHAN

2006 INSC 161Dismissed

Percept D'Mark (India) Pvt. Ltd. entered into a three‑year promotion agreement with cricketer Zaheer Khan that contained a clause giving the company a right of first refusal on any third‑party endorsement offers, even after the contract expired. After the term ended, Khan signed a similar agreement …

RAJESH KUMAR AGGARWAL AND ORS.versusK.K. MODI AND ORS.

2006 INSC 162Appeal(s) allowed

The appellants, beneficiaries of a welfare trust, claimed that the trustees had withheld bonus shares and dividends of Godfrey Philips Ltd., depriving them of benefits. They sought to amend their plaint to include a prayer for the sale of the shares and investment of proceeds in government …

UNION OF INDIA AND ORS.versusRANBIR SINGH RATHAUR AND ORS.

2006 INSC 163Appeal(s) allowed

The case concerns several army officers who were tried by General Court Martial for espionage, some convicted and others dismissed administratively under Section 18 of the Army Act, 1950. Their writ petitions challenging the Court Martial proceedings and the administrative dismissals were dismissed …

JAGAT RAMversusVARINDER PRAKASH

2006 INSC 164Dismissed

Jagat Ram, son of Manshan, claimed possession of land that had been subject to a 1945 compromise granting life interest to Kirpi, widow of Sunder, and thereafter to Manshan. Kirpi later adopted Varinder Prakash and gifted the land to him. After Kirpi's death in 1967, Manshan filed a suit for …

STATE OF HARYANA AND ORS.versusBIKAR SINGH

2006 INSC 165

Bikar Singh, a conductor with Haryana Roadways, was dismissed for allegedly embezzling fare money. He appealed the dismissal to the Additional Transport Commissioner, which was rejected, and then filed a civil suit seeking a declaration that he remained in service and that the dismissal orders were …

VINIT SAXENAversusPANKAJ PANDIT

2006 INSC 158Appeal(s) allowed

Vinita Saxena married Pankaj Pandit in 1993, but the marriage lasted only five months and was never consummated because the husband suffered from paranoid schizophrenia, rendering him incapable of performing matrimonial duties. The wife alleged mental and physical cruelty, including abuse by the …

NAVEEN KOHLIversusNEELU KOHLI

2006 INSC 157Appeal(s) allowed

The husband, Naveen Kohli, filed a petition for divorce under the Hindu Marriage Act, 1955 on the ground of cruelty, alleging that his wife, Neelu Kohli, was bad‑tempered, engaged in indecent conduct, transferred property to herself, and repeatedly harassed him through criminal and civil complaints. …

HARIDAS DASversusSMT. USHA RANI BANIK AND ORS.

2006 INSC 159Appeal(s) allowed

Haridas Das entered into an oral agreement in 1982 to purchase a suit property, paid most of the consideration and took possession with a promise of a registered sale deed within three years. To protect his possession he filed Title Suit No. 201/85, reserving the right to sue for specific …

MANISH MOHAN SHARMA AND CO.versusRAM BAHADUR THAKUR LTD. AND ORS.

2006 INSC 160Appeal(s) allowed

Two groups of family shareholders in Ram Bahadur Thakur Ltd. filed a petition under Sections 397 and 398 of the Companies Act, 1956, alleging ouster from management. The Company Law Board (CLB) removed the directors, facilitated a family settlement and, on 19 August 1999, passed an order under …

PRABHAKARAN AND ORS.versusM. AZHAGIRIPILLAI (DEAD) BY LRS. AND ORS.

2006 INSC 155Appeal(s) allowed

The plaintiffs, heirs of the original mortgagor, sued the heirs of the mortgagee for redemption of a usufructuary mortgage dated 7 September 1935 and for an account of income. The mortgagee had assigned the mortgage to an assignee on 12 February 1954, and the plaintiffs argued that this assignment …

UNION OF INDIA AND ANR.versusKANKUBEN (DEAD) BY LRS. AND ORS. ETC. ETC.

2006 INSC 156Appeal(s) allowed

The workmen (respondents) filed applications under Section 33‑C(2) of the Industrial Disputes Act, 1947 seeking recovery of overtime allowances for duties involving moving locomotives. The Labour Court allowed the applications and awarded the claimed amounts. The employer (Indian Railways) …

P.R. MURLIDHARAN AND ORS.versusSWAMI DHARAMANDA THEERTHA PADAR & ORS.

2006 INSC 151Appeal(s) allowed

The appellant sought to set aside a Kerala High Court order that granted police protection to the first respondent, who claimed to be the head of a religious trust. The High Court had determined the respondent's entitlement to the office, a question that was already pending before a civil court. The …

MAHABIR VEGETABLE OILS PVT. LTD. AND ANR.versusSTATE OF HARYANA AND ORS.

2006 INSC 152

The Supreme Court examined whether the doctrine of promissory estoppel can operate against a State's legislative action granting sales‑tax exemption under Haryana's industrial policy. Mahabir Vegetable Oils and other appellants had invested heavily in solvent‑extraction plants based on Rule 28A, …

MOHAMED MASTHANversusSOCIETY, CONGREGATION, BROS. S. HEART AND ANR.

2006 INSC 150Disposed off

The Society obtained a 1987 compromise decree granting it possession of a parcel of land. The second respondent later challenged that decree and sold the land to the appellant, who obtained a decree for specific performance in 2003 and was handed possession by a senior bailiff under Order 21 Rule 35 …

RAJINDER ARORAversusUNION OF INDIA AND ORS.

2006 INSC 154Appeal(s) allowed

Rajinder Arora, an export‑house industrialist, was raided by the Directorate of Revenue Intelligence on 26 May 2004 and detained, during which he alleged torture and coerced statements under Section 108 of the Customs Act. No prosecution was filed within the statutory 60‑day period, no show‑cause …

COMMR. OF CENTRAL EXCISE, NEW DELHIversusLIFELONG APPLIANCES LTD.

2006 INSC 148

The Central Excise Tribunal held that Lifelong Appliances Ltd. had complied with the requirement of not availing MODVAT credit on inputs used in the manufacture of goods that are exempt from excise duty. Accordingly, the Tribunal found the case to be covered by Rule 57-CC of the Central Excise …

HASAN ALI RAIHANYversusUOI AND ORS.

2006 INSC 149Disposed off

Hasan Ali Raihany, born in India to Iranian parents, was deported in October 2005 without being told the reasons. He later obtained a Single Entry Permit from the Indian Embassy in Tehran and re‑entered India, but was repeatedly summoned to the Kurla Police Station and feared further deportation …

ZAHIRA HABIBULLAH SHEIKH AND ANR .versusSTATE OF GUJARAT AND ORS.

2006 INSC 143Dismissed

In a communal violence case in Gujarat, the trial court acquitted the accused after several witnesses, including Zahira Habibullah Sheikh, turned hostile. Zahira later alleged intimidation and coercion before various bodies, prompting the Supreme Court to order a retrial in Maharashtra. During the …

GURPREET SINGH BHULLAR AND ANR.versusUNION OF INDIA AND ORS.

2006 INSC 144Appeal(s) allowed

The case concerned the promotion of a police officer (Respondent No.5) to the IPS cadre while a criminal case against him was pending. A charge‑sheet had been filed on 1 July 2000, and the Government of India placed his name provisionally on the select list, subject to clearance of the case. The …

M/S. PUMA AYURVEDIC HERBAL (P) LTD.versusCOMMISSIONER, CENTRAL EXCISE, NAGPUR

2006 INSC 145Disposed off

Mis. Puma Ayurvedic Herbal (P) Ltd., a licensed manufacturer of Ayurvedic medicines, challenged the classification of its products as cosmetics by the CEGAT, which attracted a higher excise duty. The Supreme Court applied the well‑settled "twin test"—the common‑parlance test and the …

RAJBIR SINGHversusSTATE OF U.P. AND ANR.

2006 INSC 146Appeal(s) allowed

The complainant Rajbir Singh lodged an FIR alleging that armed assailants fired at his father Hoti Lal, killing him and a Scheduled Caste girl, Pooja Kumari. During investigation, Akhilesh Chauhan (respondent No.2) was found to have received a rifle from one of the accused and fled the scene, …

STATE OF MAHARASHTRA AND ORS.versusMANA ADIM JAMAT MANDAL

2006 INSC 147Dismissed

The Supreme Court examined whether the Mana community in Maharashtra is a sub‑tribe of the Gond tribe or a distinct Scheduled Tribe, and whether state resolutions could alter the status conferred by the Constitution (Scheduled Tribes) Order. The Court held that the Constitution (Scheduled Tribes) …

ARUN SINGH @ ARUN KUMAR SINGHversusSTATE OF BIHAR AND ORS.

2006 INSC 139Appeal(s) allowed

Arun Singh was elected to the Nauhatta Panchayat Samiti but had earlier been dismissed from his post as a Dafadar. The State Election Commission held that his dismissal was not for misconduct and therefore he was not disqualified under Section 139(1)(f) of the Bihar Panchayat Raj Act, 1993. The …

BOMBAY DYEING AND MFG. CO.LTD.versusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.

2006 INSC 142Appeal(s) allowed

The case concerned the validity of Development Control Regulation 58 (OCR 58) under the Maharashtra Regional and Town Planning Act, 1966, its 2001 amendment and a 2003 clarification, as applied to sick, closed or modernising cotton‑textile mills in Bombay. The petitioners, a public‑interest group, …

GUNWANTBHAI MULCHAND SHAH AND ORS.versusANTON ELIS FAREL AND ORS

2006 INSC 136Appeal(s) allowed

The plaintiffs, successors of a predecessor who had entered into a 1964 agreement to purchase a property, filed a suit on 4 April 1994 for specific performance of that agreement and a perpetual injunction, after a public notice and objections in November 1993. The defendants contended that the suit …

G. AMALORPAVAM AND ORS.versusR.C. DIOCESE OF MADURAI AND ORS.

2006 INSC 137Dismissed

The respondents filed a suit for possession, arrears of rent and damages which was decreed by the trial court. The appellants appealed to the first appellate court, which dismissed the appeal, and a second appeal to the Madras High Court was also dismissed. The appellants contended that the …

N.KHOSLAversusRAJLAKSHMI (DEAD) AND ORS.

2006 INSC 138Appeal(s) allowed

The father of the parties gifted three plots of his ancestral property to his three daughters, but later revoked the gift and paid each daughter Rs.10,000 in cash. After the father's death, the sons partitioned the entire property among themselves, leading the daughters to claim the gifted plots. …

STATE OF U.P. AND ORS.versusRAJKUMAR SHARMA AND ORS.

2006 INSC 135Appeal(s) allowed

The Uttar Pradesh Public Service Commission advertised 544 Junior Engineer posts for the Hill Cadre of the undivided state and published a select list in 2000. After the creation of the new State of Uttaranchal, the Uttar Pradesh Government forwarded the list to Uttaranchal, which refused to appoint …

BHARAT SANCHAR NIGAM LTD. AND ANR.versusUNION OF INDIA AND ORS.

2006 INSC 133Disposed off

The Supreme Court examined whether the provision of telephone services by telecom operators constitutes a sale of goods, a service, or a composite contract of both, and consequently whether State governments can levy sales tax under Entry 54 of List II. The petitioners argued that the transaction is …

STATE OF KARNATAKAversusPARAMJIT SINGH AND ORS.

2006 INSC 134Disposed off

The State of Karnataka and the Union of India appealed against a Karnataka High Court judgment that had struck down the proviso to Section 27 of the Consumer Protection Act, 1986 on the ground that it allowed tribunals to impose imprisonment or fine without prescribing a trial procedure, violating …

BIJOY KUMAR DUGARversusBIDYADHAR DUTT AND ORS.

2006 INSC 131Appeal(s) allowed

The case involved a head‑on collision between a car and a bus in which the car driver, Raj Kumar Dugar, died. His parents claimed compensation from the Motor Accidents Claims Tribunal (MACT), which awarded a sum based on his present earnings, applied a multiplier, and held both drivers equally …

UNION OF INDIAversusMUNSHI RAM (DEAD) BY LRS. AND ORS.

2006 INSC 132Appeal(s) allowed

The Union of India acquired land for the Hissar Cantonment extension and the Collector awarded compensation, which was enhanced by a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court and later the High Court further increased the compensation, but the Supreme Court …

JET PLY WOOD PRIVATE LTD. AND ANR.versusMADHUKAR NOWLAKHA AND ORS.

2006 INSC 128Dismissed

Madhukar Nowlakha entered into a sale agreement for premises that was later purportedly cancelled. He filed a suit for specific performance and, after settlement talks, applied to withdraw the suit without seeking leave to file a fresh suit. The trial court allowed the withdrawal but refused to …

DINESH @ BUDDHAversusSTATE OF RAJASTHAN

2006 INSC 130Dismissed

An eight‑year‑old girl belonging to a Scheduled Caste was allegedly raped by Dinesh @ Buddha on the night of 5 February 1998. The trial court convicted him under IPC Section 376(2)(f) (rape of a child under 12) and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, sentencing him to …

MULLAPERIYAR ENVIRONMENTAL PROTECTION FORUMversusUNION OF INDIA

2006 INSC 127Disposed off

The Supreme Court examined a writ petition filed by the Mullaperiyar Environmental Protection Forum seeking to set aside the 1886 lease agreement and related provisions, and to prevent the raising of the Mullaperiyar Dam water level beyond 136 ft. The Court held that Section 108 of the States …

MUNNA CHANDAversusSTATE OF ASSAM

2006 INSC 104Appeal(s) allowed

The case involved an altercation between two groups that culminated in the death of Moti Suklabaidya. The appellants, Munna Chanda and Ujjal, were convicted by the trial court and the High Court under Section 302 IPC read with Section 149 IPC for murder, based largely on the testimony of prosecution …

SUNILA JAINversusUNION OF INDIA AND ANR.

2006 INSC 105Dismissed

Sunila Jain appealed against a preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) against her husband, D.K. Jain, who had been released on bail by the Special Court of Economic Offences on the ground that the alleged …

P. MANIversusSTATE OF TAMIL NADU

2006 INSC 106Appeal(s) allowed

The appellant, P. Mani, was convicted of murdering his wife by allegedly setting her on fire, based solely on her dying declaration. The High Court upheld the conviction, holding the dying declaration reliable and noting the appellant's alleged absconding and lack of injury as circumstantial …

A.P.S.R.T.C. AND ORSversusG. SRINIVASA REDDY AND ORS.

2006 INSC 107

The Andhra Pradesh State Road Transport Corporation (AP SRTC) issued a 1988 circular allowing absorption of casual employees but expressly excluding contract labour. Several scavengers employed through contractors filed writ petitions seeking regularisation under the circular. The High Court, on …

RISHI PAL SINGH AND ORS.versusMEERUT DEVELOPMENT AUTHORITY AND ANR.

2006 INSC 108Appeal(s) allowed

The Meerut Development Authority acquired about 180 acres of land under Section 4 of the Land Acquisition Act, 1894, and the Special Land Acquisition Officer fixed its market value at Rs.30 per square yard. The Reference Court, hearing a claim under Section 18, determined a compensation rate of …

MOHINDER PRASAD JAINversusMANOHAR LAL JAIN

2006 INSC 109Dismissed

Manohar Lal Jain, a co-owner of a shop, filed an eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming a bona fide personal requirement to run a wholesale Ayurvedic medicine business. The Rent Controller dismissed the petition for lack of proof of …

CHAIRMAN & M.D., BHARAT PET. CORPN. LTD. AND ORS.versusT.K. RAJU

2006 INSC 110Appeal(s) allowed

The respondent, a senior sales officer of Bharat Petroleum Ltd., was charged with eight instances of financial irregularities and dismissed from service under the Conduct, Discipline and Appeal Rules. He challenged the dismissal, arguing that some charges were vague and that the punishment was …

UNION OF INDIA AND ANR.versusS.C. PARASHAR

2006 INSC 111Appeal(s) allowed

The respondent, a Deputy Commandant of the CRPF, was found guilty of failing to maintain absolute devotion to duty and acting in an unbecoming manner after a vehicular accident. The disciplinary authority imposed three penalties: reduction of pay to the minimum of the time‑scale for three years with …

M.P. HOUSING BOARD AND ANR.versusMANOJ SHRIVASTAVA

2006 INSC 112Appeal(s) allowed

The respondent, Manoj Shrivastava, was engaged by the M.P. Housing Board as a daily‑wage Sub‑Engineer and worked for more than 240 days. He claimed permanent status under Clause 2(i) of the Standard Standing Orders, which provides that an employee who has completed six months' satisfactory service …

UNION OF INDIA AND ANR.versusMALTI SHARMA

2006 INSC 113Appeal(s) allowed

The respondent, Malti Sharma, an Inspector appointed under the Nursing Council Act, was terminated in April 1996 and challenged the termination by filing a writ petition. While the petition was pending, the Government of India issued a direction to abolish the post of Inspector, relying on an Office …

HIMMAT SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 114Dismissed

Himmat Singh, a Head Constable, applied for voluntary retirement which was accepted on 24 August 2000. He later claimed to have withdrawn the application on the same day, alleged bias by the fifth respondent, and contended that the Lines Officer failed to make an entry in the police correspondence …

BISHWANATH PRASAD SINGHversusRAJENDRA PRASAD AND ANR.

2006 INSC 115Appeal(s) allowed

The appellant, Bishwanath Prasad Singh, sold a piece of land to the respondents on 24 June 1977 and simultaneously executed an agreement for reconveyance, the parties agreeing that the sale would become absolute only upon payment of Rs.3000 within 23 months. The respondents claimed the transaction …

INDOCHEM ELECTRONIC AND ANR.versusADDL. COLLECTOR OF CUSTOMS, A.P.

2006 INSC 116Dismissed

Indochem Electronic supplied an EPABX telephone system to the Additional Collector of Customs, Andhra Pradesh, with a one‑year warranty and a promise to open a service centre. The system was defective from the outset, and despite repeated complaints the supplier failed to provide satisfactory …

MUSARAF HOSSAIN KHANversusBHAGHEERATHA ENGG. LTD AND ORS.

2006 INSC 117Appeal(s) allowed

The appellant supplied stone chips for a West Bengal construction project and was paid by post‑dated cheques issued by the respondent from its registered office in Kerala. The cheques were deposited in a West Bengal bank, bounced, and a criminal complaint under Section 138 of the Negotiable …

M/S. MAHARASHTRA STATE SEEDS CORPN. LTD.versusHARIDAS AND ANR.

2006 INSC 118Appeal(s) allowed

The appellant, Maharashtra State Seeds Corporation Ltd., dismissed its assistant field officer, Haridas, after a departmental enquiry found him guilty of several misconducts and the Managing Director issued a second show‑cause notice changing the proposed penalty from freezing two increments to …

STATE OF M.P. AND ORS.versusARJUNLAL RAJAK

2006 INSC 119Appeal(s) allowed

Arjunlal Rajak was appointed as a daily‑wage chowkidar by the State of Madhya Pradesh without a written offer or compliance with recruitment rules. He worked in various departments, the last being the production division of the Forest Department, which was later abolished, and his services were …

CANARA BANK AND ORS.versusSWAPAN KUMAR PANI AND ANR.

2006 INSC 120Disposed off

Swapan Kumar Pani, an accountant of Canara Bank, was first exonerated in 1989 of charges of unauthorised removal of special bearer bonds. Later, after a CBI report, the bank’s Managing Director invoked Regulation 18 of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 to …

THE HARYANA STATE AGRICULTURAL MARKETING BOARDversusSUBHASH CHAND AND ANR.

2006 INSC 121Appeal(s) allowed

The Haryana State Agricultural Marketing Board appointed Subhash Chand as a contract Arrival Record Clerk for short seasonal periods. The contract expressly allowed termination without notice and conferred no right to regularisation. After his services were terminated, Chand raised an industrial …

STATE OF U.P.versusSHEO SHANKER LAL SRIVASTAVA AND ORS.

2006 INSC 123Appeal(s) allowed

Sheo Shanker Lal Srivastava, a private secretary to the Uttar Pradesh Lok Ayukta, was charged with misconduct for refusing to hand over the key to his almirah containing public documents and for using indecent language. The Lok Ayukta, who was also the disciplinary authority, conducted the inquiry, …

VINOD KUMAR MATHURSEVA MALVIA AND ANR.versusMAGANLAL MANGALDAS GAMETI AND ORS.

2006 INSC 124Disposed off

The case involved three trusts registered under the Bombay Public Trust Act, 1950, where several change notices for appointment and deletion of trustees were filed. The Assistant Charity Commissioner approved a change notice without conducting the mandatory enquiry, prompting the Joint Charity …

PUNJAB STATE CIVIL SUPPLIES CORP. LTD.versusSIKANDER SINGH

2006 INSC 126Dismissed

The Punjab State Civil Supplies Corporation (the appellant, a State) sued two of its employees, an inspector and a field officer/supervisor, for loss of wheat allegedly caused by their negligence and misappropriation. Both employees had been dismissed in departmental proceedings; the inspector was …

STANDARD CHARTERED BANK AND ORS.versusDIRECTORATE OF ENFORCEMENT AND ORS.

2006 INSC 103Dismissed

Standard Chartered Bank and its officers challenged show‑cause notices issued under the Foreign Exchange Regulation Act, 1973 (FERA) alleging that Sections 50, 51, 56 and 68 were unconstitutional as they violated Articles 14 and 21 of the Constitution. The Bank argued that FERA, being in the Ninth …

PURAN DASversusUNION OF INDIA AND ORS.

2006 INSC 100Dismissed

Puran Das, a constable in the Indo‑Tibetan Border Police, was suspended in 1973 and later removed from service in 1976. The Himachal Pradesh High Court set aside his removal and reinstated him with consequential benefits. He subsequently qualified for the required promotion tests in 1984 and 1986, …

INTELLECTUALS FORUM, TIRUPATHIversusSTATE OF A.P. AND ORS.

2006 INSC 101Disposed off

The Intellectuals Forum filed writ petitions challenging Government Orders that alienated the bed lands of the historic Peruru and Avilala tanks in Tirupati to the Tirumala Tirupati Devasthanam, the Tirupati Urban Development Authority and the A.P. Housing Board for housing projects. The High Court …

VIRENDRA KUMAR TRIPATHYversusNIRMALA DEVI AND ORS.

2006 INSC 102Appeal(s) allowed

After the death of Mahendra Narayan Sharma, his wife succeeded to his estate and later died. Virendra Kumar Tripathy applied for a succession certificate claiming to be the real brother of Mahendra, while Nirmala Devi claimed to be Mahendra's sister, asserting that their father Ram Briksh Sharma had …

FOOD CORPORATION OF INDIAversusM/S. LAXMI CATTLE FEED INDUSTRIES

2006 INSC 99Appeal(s) allowed

The Food Corporation of India (FCI) invited tenders for damaged foodgrains and accepted a bid from Laxmi Cattle Feed Industries, which deposited the earnest money. The buyer later sought cancellation of the portion of the contract that could not be performed and a refund of the balance, also …

KRISHNASWAMY S. PD. AND ANR.versusUNION OF INDIA AND ORS.

2006 INSC 97Dismissed

The appellants, who were the intended purchasers of a property, challenged an order of pre‑emptive purchase made by the Income Tax Department under Section 269UD of the Income Tax Act, 1961, on the ground that the order was unreasoned and they were denied a hearing. The property owner did not …

RAMESH KUMARIversusSTATE (N.C.T. OF DELHI) AND ORS.

2006 INSC 98Appeal(s) allowed

In a property dispute, the appellant obtained a stay order protecting his possession, but respondents broke the lock and removed articles from the premises. The appellant lodged a complaint on 9 and 13 September 1997 alleging a cognizable offence against a police officer, but the police refused to …

TRANSMISSION CORPORATION OF A.P. LTD. AND ORS.versusM/S SRI RAMA KRISHNA RICE MILL

2006 INSC 95Disposed off

The appellant, Transmission Corporation of A.P. Ltd., issued a provisional and then a final assessment of Rs.1,41,270 against the respondent, a low‑tension consumer, alleging pilferage of electricity. The respondent objected and appealed under the Terms and Conditions of Supply, seeking a right to …

SHEILA B. DASversusP.R. SUGASREE

2006 INSC 92Disposed off

The parties were married under the Special Marriage Act and had a daughter born in 1990. The mother left the matrimonial home with the child in 2000, prompting the father to file a habeas corpus petition and applications under Sections 7 and 25 of the Guardians and Wards Act, 1890 and Section 6 of …

AVINASH HANSRAJ GAJBHIYEversusOFFICIAL LIQUIDATOR, M/S. V. PHARMA. P. LTD.

2006 INSC 93Dismissed

The appellant, a legal representative of an ex‑director of a company that had been liquidated, challenged a Company Judge's order that held all former directors jointly and severally liable for a sum with interest in a misfeasance proceeding. The Company Judge dismissed the appellant's application …

BALAKRISHNANversusMALAIYANDI KONAR

2006 INSC 94Dismissed

Balakrishnan, the decree holder, purchased the judgment debtor's property in a court auction in 1981 and the sale was confirmed in 1983. He later filed an application for delivery of possession, which the trial court ordered in his favour. The respondent challenged the order, arguing that the …

CEAT LTD.versusANAND ABASAHEB HAWALDAR AND ORS.

2006 INSC 89Appeal(s) allowed

CEAT Ltd. introduced a Voluntary Retirement Scheme (VRS‑I) which 337 employees accepted, and later a second scheme (VRS‑II) under a Memorandum of Understanding which 179 employees accepted. Six former employees who had retired under VRS‑I alleged that the company committed an unfair labour practice …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2006 INSC 87Disposed off

The Supreme Court examined the large‑scale conversion of residential premises to commercial use in Delhi and the failure of authorities to enforce building and land‑use laws. It held that the Constitution obliges the Court to protect fundamental rights and enforce the rule of law, especially when …

M/S. GAMMON INDIA LTD.versusSPL. CHIEF SECRETARY AND ORS.

2006 INSC 88

Mis Gammon India Ltd., a construction company, was alleged to have falsely issued Form‑G and claimed concessional tax rates under the Andhra Pradesh General Sales Tax Act, 1957 (APGST). The Assistant Commissioner of Commercial Taxes issued show‑cause notices and, after hearing the appellant, …

STATE OF PUNJAB AND ORS.versusBALWINDER SINGH

2006 INSC 90Disposed off

Balwinder Singh, appointed Constable and later promoted to Head Constable by the Deputy Inspector General (DIG) of Punjab Police, was dismissed by the Superintendent of Police (SP) for unauthorized absence. He appealed the dismissal to the DIG, which was also dismissed, and then filed a suit seeking …

BANSRAJ LALTAPRASAD MISHRAversusSTANLEY PARKER JONES

2006 INSC 91Appeal(s) allowed

The appellant filed a suit for possession and compensation of premises, alleging a leave‑and‑license agreement with the defendant. The defendant amended his pleadings, first claiming to be a sub‑tenant and later asserting that he had been in possession before the alleged agreement. The trial court …

S.L. SRINIVASA JUTE TWINE MILLS P. LTDversusUNION OF INDIA AND ANR .

2006 INSC 85Appeal(s) allowed

Four jute mills filed writ petitions seeking a declaration that the 1998 amendment (Act 10 of 1998) removing clause (d) of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 did not affect the "infancy protection" they had already accrued. The amendment eliminated the …

STATE OF KARNATAKAversusAZAD COACH BUILDERS PVT. LTD. ETC.

2006 INSC 86Directions issued

The State of Karnataka challenged the claim of exemption under Section 5(3) of the Central Sales Tax Act by Azad Coach Builders, a bus‑body manufacturer that supplied completed bus bodies to exporters (TATA/Ashok Leyland) for subsequent export of whole buses. The department argued that the sale was …

STATE OF A.P.versusS. RAYAPPA AND ORS.

2006 INSC 81Appeal(s) allowed

The State of Andhra Pradesh appealed the acquittal of five accused who had been convicted by the trial court for murder under Sections 302, 148 and 149 IPC. The High Court set aside the conviction on the ground that the two eyewitnesses – PW1 (brother of the deceased) and PW2 (brother‑in‑law) – were …

ANJAN KUMARversusUNION OF INDIA AND ORS.

2006 INSC 82Dismissed

Anjan Kumar, the son of a Scheduled Tribe mother and a non‑tribal father, obtained a Scheduled Tribe (ST) certificate on the basis of his mother's status and cleared the Civil Services Examination as an ST candidate, but was denied a final posting. He challenged the Union of India's refusal and the …

SMT. SEEMAversusASHWANI KUMAR

2006 INSC 83

The Supreme Court, hearing a transfer petition concerning a matrimonial suit, observed that the lack of official marriage records in many States enables unscrupulous persons to deny the existence of marriages, adversely affecting women and children. It noted that while several States have rules for …

M/S NORTH WEST SWITCHGEAR LTD.versusCOMMNR. OF CENTRAL EXCISE, NEW DELHI

2006 INSC 84Disposed off

M/s North West Switchgear Ltd and M/s Kesharbai Electronics manufactured fan regulators and classified them under sub‑heading 8414.20 of the Central Excise Tariff Act, 1985, claiming they are electric fans. The revenue issued show‑cause notices alleging short payment of duty, arguing that the …

KISHORE KUMAR KHAITAN AND ANR.versusPRAVEEN KUMAR SINGH

2006 INSC 79Appeal(s) allowed

Kishore Kumar Khaitan filed a suit seeking a declaration of tenancy and a perpetual injunction against the owners of a building, also applying for an interim injunction. The trial court refused an ex‑parte injunction; the Additional District Judge then issued an ex‑parte order directing the parties …

VEMAREDDY KUMARASWAMY REDDY AND ANR.versusSTATE OF A.P.

2006 INSC 80Appeal(s) allowed

The appellants, Vemareddy Kumaraswamy Reddy and another, had surrendered surplus agricultural land that contained fruit‑bearing cashew trees. The dispute centered on the amount payable for those trees under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, specifically …

DUNCAN INDUSTRIES LTD. AND ANRversusUNION OF INDIA

2006 INSC 77Dismissed

Duncan Industries Ltd. and its associate challenged the Union of India’s Retention Price Scheme, which determines fertilizer subsidies, alleging that the scheme was a statutory entitlement that could not be retrospectively altered to their detriment. The Supreme Court held that the scheme is merely …

M/S UDAYANI SHIP BREAKERS LTD.versusCOMMNR. OF CUSTOMS AND CENTRAL EXCISE, RAJKOT

2006 INSC 76Dismissed

Udayani Ship Breakers Ltd. purchased a ship that had been imported by another Indian company for ship‑breaking. The ship was damaged after arrival in India and was sold to the appellant on an "as is where is" basis for a reduced price of Rs 12.01 crore, whereas the original import price was Rs 24.78 …

H.P. PYAREJANversusDASAPPA (DEAD) BY LRS. AND ORS.

2006 INSC 73Appeal(s) allowed

The plaintiff, H.P. Pyarejan, entered into a sale agreement with five co‑owners, advancing a loan on condition that all would execute the deed. Only four signed, and the plaintiff sued for specific performance including the fifth defendant. The trial court and first appellate court dismissed the …

SOUTH BENGAL STATE TRANSPORT CORPN.versusSWAPAN KUMAR MITRA AND ORS.

2006 INSC 68Appeal(s) allowed

Swapan Kumar Mitra, a bus driver of South Bengal State Transport Corporation, was removed from service after a departmental inquiry that relied on the District Magistrate's report and the inquiry officer's findings, despite being acquitted in a criminal trial for the same accident. He challenged the …

M/S BSES LTD. (NOW RELIANCE ENERGY LTD.)versusM/S FENNER INDIA LTD: AND ANR.

2006 INSC 69Appeal(s) allowed

Mis BSES Ltd. (now Reliance Energy Ltd.) awarded a captive power plant contract and issued four work orders to M/s Fenner India Ltd., which furnished four unconditional, irrevocable bank guarantees from State Bank of India. Under a "wrap‑around" agreement, BSES was entitled to encash the guarantees …

MUNICIPAL CORPORATION, JAIPURversusSHANKARLAL

2006 INSC 70Disposed off

The respondent sought a writ under Article 226 directing the Municipal Corporation of Jaipur to regularise his plot of land based on a 1989 resolution of the Jaipur Development Authority (JDA). The corporation contended it was not bound by the predecessor authority's decision, and raised pleas of …

SUBE SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 67Disposed off

Petitioner Sube Singh alleged that police illegally detained and tortured him and his family while trying to locate his son, who had killed a constable. He filed a writ petition under Article 32 seeking directions to stop the alleged atrocities and compensation as a public law remedy for violation …

VIDYAWATI GUPTA AND ORS.versusBHAKTI HARI NAY AK AND ORS.

2006 INSC 71Appeal(s) allowed

The appellants filed a civil suit in the Original Side of the Calcutta High Court without attaching an affidavit, as required by the 2002 amendments to Section 26, Order IV and Order VI Rule 15 of the Code of Civil Procedure. The Division Bench of the Calcutta High Court held the suit non‑est and …

SHIVA NATH PRASADversusSTATE OF WEST BENGAL AND ORS.

2006 INSC 72Dismissed

The case arose from a criminal complaint alleging that the deceased Priyamvada Devi Birla (PDB) and her husband Madhav Prasad Birla (MPB) had created five mutual trusts intended for charitable institutions, which were later allegedly revoked and the assets misappropriated through a forged will in …

UNION PUBLIC SERVICE COMMISSIONversusGIRISHJAYANTILAL VAGHELA AND ORS

2006 INSC 58Appeal(s) allowed

Girish Jayanti Lal Vaghela was appointed as a Drugs Inspector on a six‑month renewable contract from 1996, without a public advertisement or selection under the recruitment rules. When the UPSC advertised a regular selection in 2001, the upper age limit of 30 years (relaxable by five years for …

MILK PRODUCERS ASSOCIATION, ORISSA AND ORS.versusSTATE OF ORISSA AND ORS.

2006 INSC 59Dismissed

The Milk Producers Association and other milk‑selling families (the appellants) had illegally occupied government land in Bhubaneswar and were ordered to vacate. The State, through the Chief Minister, had earlier promised to rehabilitate them in villages outside the city, but later withdrew the …

S.N. CHANDRASHEKAR AND ANR.versusSTATE OF KARNATAKA AND ORS.

2006 INSC 60Appeal(s) allowed

The appellants challenged the State of Karnataka's sanction permitting Respondent No.6 to convert a residential plot in Jayanagar into a commercial restaurant complex under Section 14‑A of the Karnataka Town and Country Planning Act, 1961. Although the Residents' Welfare Association eventually …

R.K. PARVATHARAJ GUPTAversusK.C. JAYADEVA REDDY

2006 INSC 61Appeal(s) allowed

The appellant, owner of agricultural land, had taken a bank loan and entered into a sale agreement with the respondent, who was to discharge the loan by depositing the mortgage amount and execute a sale deed. The appellant served a notice on 24 April 1984 demanding the respondent deposit the full …

B.H.E.L. AND ANR.versusB.K. VIJAY AND ORS.

2006 INSC 62Case Partly allowed

The respondent, B.K. Vijay, was appointed as a Safety Officer in BHEL's Jhansi factory and, although placed in the non‑executive SA‑II cadre, was given the status of a Senior Executive under Rule 5 of the U.P. Factories (Safety Officers) Rules, 1984. He filed a writ petition seeking to be treated as …

COMMISSIONER OF CENTRAL EXCISE, RAIPURversusM/S. HIRA CEMENT

2006 INSC 63Appeal(s) allowed

The Commissioner of Central Excise appealed against the Customs, Excise & Service Tax Appellate Tribunal’s dismissal of his appeal challenging the exemption granted to M/s Hira Cement, a small‑scale industry (SSI), under Notification No.1193‑CE dated 28‑Feb‑1993. The issue was whether Hira Cement’s …

THE CHAIRMAN RAILWAY BOARD AND ANR.versusT. VITTAL RAO AND ORS.

2006 INSC 65Dismissed

The respondents, who were Train Superintendents, were placed in the supervisory category by a Railway Board circular dated 2 August 1984, which removed their entitlement to overtime allowance. On 11 April 2001 the Board issued another circular withdrawing the 1984 circular and stating that the …

RAM SARANversusI.G. OF POLICE, CRPF AND ORS.

2006 INSC 66Dismissed

Ram Saran was appointed as a Constable in the Central Reserve Police Force by falsifying his date of birth on a school certificate. After 27 years of service, a departmental enquiry found him guilty of furnishing false information to secure appointment, a violation of Section 11(1) of the CRPF Act …

PHILOMINA JOSEversusFEDERAL BANK LTD. AND ORS.

2006 INSC 57Appeal(s) allowed

The appellants, Philomina Jose and others, sought to exercise their right of redemption under Order 34 Rule 5 of the Code of Civil Procedure (CPC) after sale decrees were passed in 1985 and 1989. The Kerala High Court dismissed their petitions, holding that the mortgage debt merged into the sale …

A.P.S.R.T.C. AND ANR.versusB.S. DAVID PAUL

2006 INSC 56Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (AP SRTC) terminated certain employees who claimed they were its workers. The Labour Court held the termination illegal and ordered reinstatement, after which the employees sought back wages under Section 33-C(2) of the Industrial Disputes Act, …

GOVT. OF A.P. AND ORS.versusMOHD. NARSULLAH KHAN

2006 INSC 49Appeal(s) allowed

Mohd. Narsullah Khan, a Head Constable, was on bandobust duty during the visit of US President Bill Clinton when he allegedly removed and concealed a CCTV lens, an act captured on the premises' closed‑circuit TV. A disciplinary inquiry examined four witnesses, found the charge of theft proved beyond …

SYNDICATE BANK AND ORS.versusVENKATESH GURURAO KURATI

2006 INSC 50Appeal(s) allowed

The respondent, a manager of Syndicate Bank, was found guilty of colluding with staff to obtain and misappropriate loans under the Integrated Rural Development Programme and was removed from service by the Disciplinary Authority. The respondent challenged the removal, and the High Court initially …

SHIN SATELLITE PUBLIC CO. LTD.versusM/S JAIN STUDIOS LTD.

2006 INSC 55Case Allowed

Shin Satellite Public Co. Ltd., a Thai satellite service provider, entered into a contract with Jain Studios Ltd. that contained an arbitration clause (Clause 23) requiring disputes to be referred to arbitration in Delhi under UNCITRAL rules, with the award deemed final and binding and a waiver of …

TANAJI RAMCHANDRA NIMHANversusSWATI VINAYAK NIMHAN AND ORS

2006 INSC 51Appeal(s) allowed

In a municipal corporation election, the petitioner alleged irregularities in the counting process, including failure to show ballot papers before bundling, improper identification of invalid votes, and that a prize announced for the returning officer caused haste. The Small Causes Court ordered a …

L.K.VERMAversusH.M.T. LTD. AND ANR.

2006 INSC 52Dismissed

L.K. Verma, a Safety Officer, was charged with using abusive language and threatening a superior and was placed under suspension. He appealed the suspension to the Labour Commissioner under Rule 14 of the U.P. Factories (Safety Officers) Rules, 1984, but was dismissed from service while the appeal …

STATE OF KARNATAKA AND ORS.versusC. LALITHA

2006 INSC 53Appeal(s) allowed

C. Lalitha was appointed as Tehsildar under Karnataka's revised reservation policy and was placed only in the Additional List of Category I Service, not in the notification for Assistant Commissioner. She applied before the Karnataka Administrative Tribunal for appointment as Assistant Commissioner; …

SANDVIK ASIA LTD.versusCOMMISSIONER OF INCOME TAX-I, PUNE AND ORS.

2006 INSC 44Appeal(s) allowed

Sandvik Asia Ltd. received refunds for assessment years 1977-78, 1978-79, 1981-82 and 1982-83 and was entitled to interest under Sections 214 and 244 of the Income Tax Act, 1961. The Income Tax Department delayed payment of that interest for periods ranging from 12 to 17 years. The appellant filed …

THE COMMISSIONER OF POLICE AND ORS.versusSYED HUSSAIN

2006 INSC 43Appeal(s) allowed

Syed Hussain, a police constable, stood as surety for Ahmed Qureshi, a hardened criminal involved in 32 snatching cases, and allegedly helped other accused obtain bail. The disciplinary authority found him guilty of misconduct and ordered his removal from service. The Andhra Pradesh Administrative …

RAMESHWAR PRASAD AND ORS.versusUNION OF INDIA AND ANR.

2006 INSC 42Disposed off

The petitioners challenged the constitutional validity of the proclamation dated 23rd May 2005 dissolving the Bihar Legislative Assembly under Article 356 of the Constitution. The Governor had reported that attempts were being made to cobble a majority through illegal means like horse-trading and …

CHAIRMAN-CUM-M.D., T.N.C.S. CORPN. LTD. AND ORS.versusK. MEERABAI

2006 INSC 40Appeal(s) allowed

The Tamil Nadu Civil Supplies Corporation dismissed K. Meerabai, a junior assistant, after a departmental enquiry found her guilty of misappropriating stock and money, while a parallel criminal case against her under Sections 409 and 477-A IPC ended in acquittal. The High Court ordered her …

L.I.C OF INDIAversusSUSHIL

2006 INSC 41Case Allowed

The respondent, Sushil, was appointed by the Life Insurance Corporation of India on the basis of a claim that he belonged to the Scheduled Tribe Halba. The Committee for Scrutiny and Verification of Tribe Claims found his claim to be fraudulent and ordered invalidation. The Bombay High Court, …

M/S MOTOR INDUSTRIES CO. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, AURANGABAD

2006 INSC 39Appeal(s) allowed

M/s Motor Industries Co. Ltd., a manufacturer of nozzles, nozzle holders and injectors, was served a show‑cause notice demanding central excise duty on its nozzles and nozzle holders used in the assembly of injectors, the department alleging they were intermediate products under tariff heading …

SHRIKANTversusVASANTRAO AND ORS.

2006 INSC 37Appeal(s) allowed

The appellant, Shrikant, was elected to the Maharashtra Legislative Council but his election was challenged on the ground that he held subsisting government contracts, which under Section 9A of the Representation of the People Act, 1951, would disqualify him. The contracts involved work for the …

RADHA MOHAN SINGH @ LAL SAHEB AND ORS.versusSTATE OF U.P.

2006 INSC 38Disposed off

The case concerned the murder of Hira Singh during a Holi celebration in Ballia, Uttar Pradesh, where five accused assaulted him and others. The trial court convicted all five under Sections 302 and 149 of the IPC, imposing life imprisonment, while the High Court affirmed the convictions. On special …

SHAILESH JASVANTBHAI AND ANR.versusSTATE OF GUJARAT AND ORS.

2006 INSC 35Case Partly allowed

The Supreme Court examined the sentencing of two accused, Pratapji and Jayantubha, who had assaulted Sameer Kumar and Shailesh Jasvantbhai with knives on 30 March 2002, resulting in serious injuries. The trial court convicted them under IPC sections 307, 324, 504 read with 114 and sentenced each to …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusHARVINDER SINGH

2006 INSC 36Appeal(s) allowed

Harvinder Singh applied for a new large‑supply electricity connection on 10 March 1992 and deposited the required security. The Punjab State Electricity Board later issued Circular No. CC 41/95 (4 May 1995) and a clarificatory Circular (6 February 1996) imposing a one‑time contract‑demand charge on …

RAM BACHAN RAI AND ORS.versusRAM UDAR RAI AND ORS.

2006 INSC 33Matter referred to larger bench

In Ram Bachan Raj & Ors. v. Ram Udar Rai & Ors., the appellant challenged a Subordinate Judge's order that the limitation period for filing an execution petition under Article 136 of the Limitation Act, 1963 began when the decree became enforceable (i.e., when signed). The appellant relied on …

UNION OF INDIA AND ORS.versusFLIGHT CADET ASHISH RAI

2006 INSC 34Appeal(s) allowed

The respondent, a flight cadet in the Indian Air Force, was repeatedly given opportunities to train in different courses but was terminated each time due to medical unfitness, academic failure and repeated misconduct. After a series of Training Review Boards recommended termination, the Air …

M/S VIKRAM CEMENTversusCOMMNR. OF CENTRAL EXCISE, INDORE

2006 INSC 32Reference answered

Vikram Cement sought CENVAT credit for explosives used in quarrying limestone, which were later used in cement production, despite the explosives never entering its factory. The issue was whether the earlier Supreme Court decision in Jaypee Rewa Cement, which allowed MODVAT credit for such inputs, …

OM PARKASHversusSTATE OF HARYANA

2006 INSC 27Appeal(s) allowed

The appellant Om Parkash and co‑accused were convicted under Section 12 of the Prevention of Corruption Act, 1988 for allegedly offering a bribe of Rs 10,000 to Inspector Ganeshi Lal to influence a murder investigation. The prosecution’s case was marred by a four‑hour delay in lodging the FIR, …

SURENDER SINGHversusSTATE OF HARYANA

2006 INSC 28Dismissed

Surender Singh and Vikas were convicted under IPC sections 392, 394, 397 and Arms Act section 25 for robbing a bank deposit bag, snatching a pistol and money. The prosecution’s case rested on the testimony of complainant PW‑9, injured witness PW‑2, and two panch witnesses PW‑3 and PW‑4, some of whom …

STATE OF GUJARAT AND ANR.versusAKSHA Y ARUTLAL THAKKAR

2006 INSC 29Appeal(s) allowed

The respondents, appointed as Home Guard Commandants under the Bombay Home Guards Act, 1947, were disengaged after the authorities found they had violated the political‑neutrality undertaking required by the Notification dated 17‑April‑1993. The State of Gujarat contended that the disengagement …

MOST. ETWARI DEVI AND ORS.versusMOST. PARVATI DEVI

2006 INSC 30Appeal(s) allowed

The husband of appellant No.1 (Nunu Mahto) filed a suit for specific performance against the respondent for failure to return sale deeds, claiming he was ready to pay the consideration. After his death, his heirs substituted as plaintiffs. The trial court decreed specific performance, which was …