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Judgments of 2006

1027 judgments · newest first · showing 1001–1027

KANCHAN AND ORS.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

2006 INSC 31Dismissed

The Supreme Court examined whether permits granted by the Uttar Pradesh State Transport Authority (STA) under Section 68(3)(b) of the Motor Vehicles Act, 1988 were legally valid. The STA had issued 48 permits without any applications, on the same day it purportedly assumed the power to grant …

C.T. RADHAKRISHNANversusC.T. VISWANATHAN NAIR AND ANR.

2006 INSC 22Dismissed

The dispute involved a release deed (Exhibit‑B‑9) executed in 1954 by Kunhimalu Amma, as guardian of her minor sons, and her two adult sons, surrendering their rights in a family house to Viswanathan Nair, the sole other member of the Marumakkathayam thavazhi. The appellant, Radhakrishnan, contended …

MOHD. SARTAJ AND ANR.versusSTATE OF U.P. AND ORS.

2006 INSC 23Dismissed

The appellants were appointed as Urdu teachers in Uttar Pradesh despite not possessing the Basic Teacher's Certificate (B.T.C.) or any equivalent training qualification required by Rule 8 of the U.P. Basic (Teachers) Services Rules, 1981 at the time of their recruitment. Within weeks, the State …

EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH COLLIERY OF M/S BHARAT COKING COAL LTD.versusTHEIR WORKMEN REPRESENTED BY RASHTRIYA COLLIERY MAZDOOR SANGH

2006 INSC 24Appeal(s) allowed

The Supreme Court examined two disputes referred by the Central Government under Section 10 of the Industrial Disputes Act, 1947, concerning whether workers engaged through a contractor at Sudamdh Colliery were to be treated as workmen of the principal employer, Bharat Coking Coal Ltd. The Tribunal …

ANJALEEM ENTERPRISES PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, AHMEDABAD

2006 INSC 25Dismissed

Anjaleem Enterprises Pvt. Ltd., a manufacturer of a computer‑based STD‑PCO unit, appealed against the Commissioner of Central Excise, Ahmedabad, challenging the inclusion of the value of a programmed EPROM in the assessable value of the unit and seeking exemption under Notification No.84/89 which …

ORISSA ELECTRICITY REGULATORY COMMISSIONversusL.I. PARIJA AND ORS.

2006 INSC 26Appeal(s) allowed

The Orissa High Court had issued interim orders restraining the Orissa Electricity Regulatory Commission (ERC) from fixing tariffs for 2002-03 and 2003-04, later modifying the orders to permit the ERC to act but keeping the writ petitions pending for monitoring. The ERC proceeded to fix the tariffs …

K.K. BHALLAversusSTATE OF M.P. AND ORS.

2006 INSC 21Appeal(s) allowed

The appellant challenged the allocation of two parcels of land in Jabalpur—one to a newspaper proprietor and another to YMCA—arguing that the State of Madhya Pradesh, acting under a purported policy decision, had exceeded its statutory authority and violated the Master Plan prepared under the Madhya …

DRESSER RAND S.A.versusM/S. BINDAL AGRO CHEM LTD. AND ANR.

2006 INSC 20Dismissed

The Indian company Bindal Agro Chem Ltd. invited bids for equipment and, after negotiations, agreed to modify its General Conditions of Purchase (which contained an arbitration clause) with Dresser Rand SA. The parties exchanged a revised set of conditions on 10 June 1991 and subsequently issued …

K.C. SKARIAversusTHE GOVT. OF STATE OF KERALA AND ANR.

2006 INSC 17Case Partly allowed

The appellant, an independent contractor, entered into an item‑rate construction contract with the State of Kerala and claimed Rs. 2,00,000 for work done, paying court‑fee on that amount. The trial court decreed the suit for the claimed sum, finding the State had breached the contract by delaying …

UNION OF INDIA AND ORS.versusDEVENDRA NATH RAI

2006 INSC 18Appeal(s) allowed

The accused, Devendra Nath Rai, while on quarter‑guard duty, refused to let three army personnel in civilian attire make a "lights out" entry, claimed they were terrorists, and opened fire, killing two soldiers and grievously injuring two others. He was tried by a General Court Martial under the …

UNION OF INDIA AND ORS.versusSUBEDAR DEVASSY PY

2006 INSC 19Disposed off

The Union of India filed a civil contempt petition alleging non‑compliance with directions given in a writ judgment against Subedar Devassy. The Madhya Pradesh High Court dismissed the contempt proceeding, finding no contempt, but thereafter issued additional directions, which the Union challenged …

RABINDRA MAHTO AND ANR.versusSTATE OF JHARKHAND

2006 INSC 16Dismissed

The appellants, members of a Mahto clan, attacked two men who were ploughing a field they claimed as their own, using swords, knives and lathis, resulting in the deaths of Sohrai Puran and Ram Mohan Puran and injuries to others. An FIR was lodged the next day and sent to the magistrate a day later; …

STATE OF KARNATAKA AND ANR.versusSHREYAS PAPERS PVT. LTD. AND ORS

2006 INSC 15Dismissed

The State of Karnataka appealed against Shreyas Papers Pvt. Ltd., which had purchased the land, building, plant and machinery of a defaulting company after the Karnataka State Industrial Investment and Development Corporation took over those assets under the State Financial Corporation Act. The …

UNION OF INDIA AND ORS.versusKALI DASS BA TISH AND ANR.

2006 INSC 14Disposed off

The Union of India appealed against two High Court judgments that had entertained writ petitions filed by K.D. Batish and Ram Kishore Prasad, who had been recommended for appointment as Judicial Members of the Central Administrative Tribunal (CAT) but were not appointed after the Intelligence Bureau …

THE ASSOCIATED CEMENT COMPANIES LTD.versusGOVERNMENT OF ANDHRA PRADESH AND ANR.

2006 INSC 8Dismissed

The Associated Cement Companies Ltd. challenged the Andhra Pradesh General Sales Tax Act’s amendment that introduced two different tax rates for cement depending on whether the price included packing material (16%) or excluded it (20%). The appellants argued that this differential treatment violated …

RAJ KUMAR AND ORS.versusUNION OF INDIA AND ANR.

2006 INSC 9Dismissed

The petitioners were Border Security Force (BSF) personnel who, relying on a 1995 government circular, resigned under Rule 19 of the BSF Rules in the hope of receiving pension benefits, although they had not completed the qualifying service required under the Central Civil Services (Pension) Rules, …

T. SUBRAMANIAMversusTHE STATE OF TAMIL NADU

2006 INSC 10Appeal(s) allowed

The appellant, T. Subramaniam, an executive officer of a temple, was accused of accepting a bribe of Rs.200 while allegedly facilitating the grant of a patta for temple land. He explained that the money was received on behalf of a third party, PW‑6, as payment of lease‑rent arrears due to the …

STATE OF MAHARASHTRAversusRASHID BABUBHAI MULANI

2006 INSC 11Appeal(s) allowed

Rashid Babubhai Mulani, a talathi, demanded Rs 1,000 to delete a mortgagee's name from revenue records; the complainant paid Rs 300 after a trap was laid. Mulani accepted the marked notes and later claimed the payment was repayment of a government loan, supported by a purported notice sent by …

KALLU @ MASIH AND ORS.versusSTATE OF MADHYA PRADESH

2006 INSC 12Dismissed

On 5 July 1993, an unlawful assembly of twenty‑seven persons, armed with swords, spears and other weapons, attacked Sadruddin and four female members of his family at his house. The victim and several injured witnesses positively identified the four appellants as the assailants. The trial court …

R. JANAKIRAMANversusSTATE REPRESENTED BY INSPECTOR OF POLICE, CBI, SPE, MADRAS

2006 INSC 13Dismissed

The appellant, an Assistant Engineer of Southern Railway, was found with Rs.2,94,615 in cash during a CBI raid and was charged under Sections 5(1)(e) and 5(2) of the Prevention of Corruption Act for possessing assets disproportionate to his known income. He claimed the cash represented loans of …

SARAT CHANDRA MISHRA AND ORS.versusSTATE OF ORLSSA AND ORS.

2006 INSC 2Dismissed

The appellants, government employees, challenged a 1990 corrected seniority list issued by the State of Orissa, which had been upheld by the Orissa Administrative Tribunal in its order of 9 March 1992, confirming the 1984 list. Only one special leave petition was filed against that Tribunal order, …

RAKESH KUMAR MISHRAversusTHE STATE OF BIHAR AND ORS.

2006 INSC 3Appeal(s) allowed

The appellant, a police officer supervising a dacoity case, ordered a warrantless search of the residence of Respondent No.2, the father of a suspect, which led to a complaint alleging harassment. The Judicial Magistrate took cognizance of offences under IPC sections 342, 389, 469, 471 and 1208, and …

STATE OF RAJASTHAN AND ANR.versusMOHAMMED AYUB NAZ

2006 INSC 4Appeal(s) allowed

The respondent, a government servant in Rajasthan, was absent from duty for about three years without permission, claiming illness. A disciplinary enquiry found him wilfully absent and terminated his service under Rule 86(3) of the Rajasthan Service Rules, which mandates removal for such misconduct. …

STATE OF BIHAR AND ORS.versusPROJECT UCHCHA VIDYA, SIKSHAK SANGH AND ORS.

2006 INSC 5Disposed off

The State of Bihar launched a scheme to establish "Project Schools"—including at least one girls' high school in each block of backward areas—through circulars and a three‑man committee. Disputes arose over whether the identified schools were taken over by the State, whether they should be treated …

ASHWIN S. MEHTA AND ANR.versusCUSTODIAN AND ORS.

2006 INSC 6Disposed off

The Supreme Court heard appeals by Ashwin S. Mehta and other family members, who were notified persons under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, seeking release of residential flats and commercial premises that had been attached. The Special Court …

MOHD. YOUSUFversusSMT. AFAQ JAHAN AND ANR.

2006 INSC 1Appeal(s) allowed

Mohd. Yousuf filed an application before the Chief Judicial Magistrate alleging forgery and fraud, prompting the magistrate to direct the police to register an FIR and investigate under Section 156(3) of the CrPC. The police filed a charge‑sheet, after which Afaq Jahan (respondent No. I) moved the …