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Judgments of 2007

1324 judgments · newest first · showing 1–200

INDIAN OIL CORPORATION LTD.versusMEENA KUMARI AND ORS.

2008 INSC 564Disposed off

Meena Kumari, a war widow residing in Jheenjhak village of Kanpur Dehat district, filed a writ petition seeking a mandamus directing Indian Oil Corporation Ltd. to grant her a licence for a retail petrol pump under the 30‑December‑1977 notification. The corporation had awarded the licence to another …

ONKAR NATH MISHRA & ORS.versusSTATE (NCT OF DELHI) & ANR.

2007 INSC 1301Case Partly allowed

Onkar Nath Mishra and others appealed against the State of Delhi challenging the framing of charges under Sections 406 and 498A of the Indian Penal Code based on a complaint lodged by the complainant, his wife. The trial court had discharged all accused, but the Sessions Court and High Court later …

VINEET KUMAR CHAUHANversusSTATE OF U.P.

2007 INSC 1302Case Partly allowed

The appellant, Vineet Kumar Chauhan, got into a quarrel with his neighbours over a cable connection and, in a fit of anger, fired his father's revolver indiscriminately from his house, striking the neighbour's wife in the jaw. The bullet lodged in her spinal cord, causing paralysis; she later died …

UNION OF INDIAversusSMT. SADHANA KHANNA

2007 INSC 1303Dismissed

Smt. Sadhana Khanna, a Central Secretariat Service employee who joined as Assistant on 13 July 1983, was omitted from the 1991 seniority‑quota promotion select list despite being senior to several officers who were promoted. The department argued she was ineligible because her appointment letter was …

UNION OF INDIAversusS.R. DHINGRA AND ORS.

2007 INSC 1304Appeal(s) allowed

The case concerned pension computation for railway "Running Staff" who retired before 1 January 1986. The Government issued an Office Memorandum on 10 February 1998 fixing the notional pay of pre‑1986 retirees as on that date, treating it as average emoluments for pension. A subsequent Railway Board …

BALASUBRAMANIAN AND ORS.versusRAMAIAH THONDAMAN

2007 INSC 1305Appeal(s) allowed

The plaintiff filed a suit claiming title to land on the basis of a sale deed from Ramasami Konar and his daughter, who were recorded as Ryotwari patta holders. The defendant contended that the patta had been wrongly granted to the vendors and that the sale deed was procured through fraud, undue …

RANJU@ GAUTAM GHOSHversusREKHA GHOSH & ORS.

2007 INSC 1306Dismissed

The landlord filed a suit for eviction and mesne profits against the tenant under the West Bengal Premises Tenancy Act, 1956. The trial court held that the notice to quit was invalid and dismissed the suit. On appeal, the lower appellate court and the High Court found that a valid one‑month notice …

HINDUSTAN PAPER CORPORATION LTD.versusKAGAJKAL THIKADAR SRAMIK UNION & ORS.

2007 INSC 1307Appeal(s) allowed

The Kagajkal Thikadar Sramik Union filed a representation under Rule 25(2)(v)(a) of the Contract Labour (Regulation and Abolition) Assam Rules, 1971, seeking equal wages and benefits for contract labourers employed at Hindustan Paper Corporation Ltd. The Labour Commissioner, after an inspection by …

HARI YADAVversusSTATE OF BIHAR

2007 INSC 1308Dismissed

The case arose from a land dispute in which Hari Yadav and others assaulted Chander Dusadh on 11 August 1981, inflicting a sharp blow to the head and other injuries. Dusadh was hospitalized and died on 1 September 1981. The trial court convicted the accused under Section 302 IPC, sentencing Hari …

RAM PAL AND ANR .versusSTATE OF U.P.

2007 INSC 1309Dismissed

The appellants Ram Pal and Ram Saran were charged under Sections 302 and 149 IPC for the murder of their uncle Birbal Singh, allegedly shot with a shotgun and a pistol. The trial court acquitted them, finding the three eyewitnesses unreliable and doubting forensic evidence such as the presence of an …

SEEMA DHAMDHERE, SECRETARY, MPSCversusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 1310Disposed off

A public interest litigation was filed alleging large‑scale malpractice in examinations conducted by the Maharashtra Public Service Commission (MPSC) and claiming that the investigating police officer was transferred to pre‑empt the investigation. The High Court dismissed the writ petitions, …

M/S. EVEREST WOOLS PVT. LTD. AND ORS.versusU.P. FINANCIAL CORPORATION AND ORS.

2007 INSC 1311Appeal(s) allowed

Mis. Everest Wools Pvt. Ltd. obtained a loan from the U.P. State Financial Corporation and later sought additional financing from the Pradeshiya Industrial and Investment of U.P. Ltd. (PICUP). The Corporation alleged that the company had purchased second‑hand plant from another financed unit in …

AKHILESH KUMAR SINGHversusSTATE OF JHARKHAND & ORS.

2007 INSC 1312Dismissed

Writer Constable Akhilesh Kumar Singh was charged with tampering official records, forging entries and misappropriating food allowance. A departmental inquiry found him guilty on all counts and dismissed him from service. He appealed, contending that another constable, Kaushal Kumar Singh, faced …

MOUNT CARMEL SCHOOL SOCIETYversusD.D.A.

2007 INSC 1313Dismissed

The Mount Carmel School Society applied to the Delhi Development Authority (DDA) for four acres of land to run a senior secondary school, and the Institutional Allotment Committee recommended the full allotment. The DDA, however, made a policy decision to allot only two acres. The Society filed writ …

SURESH EST ATES PVT. LTD. & ORS.versusMUNICIPAL CORP. OF GREATER MUMBAI & ORS.

2007 INSC 1300Case Partly allowed

The appellants, owners of an 8,983 sq.m. plot in Mumbai, sought permission to develop a luxury hotel with additional floor space index (FSI) under Rule 10(2) of the Development Control Rules, 1967. The land fell within Coastal Regulation Zone (CRZ) II as per the 19 February 1991 notification issued …

ASOKANversusLAKSHMIKUTTY & ORS.

2007 INSC 1314Appeal(s) allowed

The parents executed registered deeds of gift in 1984 transferring specific land to their son, expressly stating that possession had been handed over and accepted. The parents later attempted to cancel the gifts on the condition that the son pay Rs 1,00,000 for a sister's marriage, which he did not …

STATE OF GUJARATversusGAJANAND M. DALWADI (D) BY L.RS.

2007 INSC 1315Appeal(s) allowed

Gajanand M. Dalwadi, a clerk in Gujarat's Regional Transport Office, forged a duplicate driving licence to facilitate an insurance fraud. A disciplinary inquiry proved the forgery and ordered his removal from service. He appealed to the Gujarat Civil Services Tribunal, which set aside the removal on …

SONI DINESHBHAI MANILAL AND ORS.versusJAGJIVAN MULCHAND CHOKSHI

2007 INSC 1316Dismissed

The dispute arose from the dissolution of a partnership firm where the parties' shares were determined by a decree. A Court Commissioner was appointed under Order XXVI Rule 11 of the CPC to examine the accounts, and his report was objected to by the appellants' father. The trial court rejected the …

CHINDE GOWDAversusPUTIAMMA

2007 INSC 1317Dismissed

The government granted a parcel of land to the husband of the petitioner, a Scheduled Caste member, with a condition that it could not be alienated for fifteen years. The husband sold the land in violation of this condition, and the purchaser later sold it to the appellant. After the Scheduled Caste …

GOVERNMENT OF KARNATAKA AND ORS.versusSMT. GOWRAMMA AND ORS.

2007 INSC 1318Appeal(s) allowed

The owners of a land in Karnataka applied for permission under the Karnataka Preservation of Trees Act, 1976 to fell certain trees, including reserved varieties, and were conditionally permitted to transport a portion of the timber to a government depot. After the timber was taken to the government …

UNION OF INDIA & ORS.versusSHRI RAMESH SINGH RAJPUT

2007 INSC 1319Case Partly allowed

The Union of India issued a recruitment notice for the post of cook with an upper age limit of 25 years. Shri Ramesh Singh Rajput was selected based on the date of birth he disclosed (17‑03‑1978), but school records showed 17‑03‑1977, rendering him over‑aged and he was not appointed. He filed an …

M/S SINGH ENTERPRISESversusCOMMISSIONER OF CENTRAL EXCISE, JAMSHEDPUR AND ORS.

2007 INSC 1320Dismissed

Miss Singh Enterprises appealed to the Supreme Court against the order of the Jharkhand High Court which had dismissed its writ petition challenging the dismissal of its appeal under Section 35 of the Central Excise Act. The appeal had been filed 21 months after the service of the original order, …

COMMISSIONER OF INCOME TAX, MADRASversusM/S. LUCAS T.V.S. LTD. PADI CHENNAI

2007 INSC 1321Appeal(s) allowed

The Commissioner of Income Tax appealed against the High Court’s order upholding the Tribunal’s view that investment allowance under Section 32A of the Income Tax Act could be claimed in more than one assessment year, based on Section 43A(1). The assessing officer argued that the allowance should be …

SANAPAREDDY MAHEEDHAR AND ANRversusSTATE OF ANDHRA PRADESH AND ANR.

2007 INSC 1283Appeal(s) allowed

The appellants, Sanapareddy Maheedhar and his parents, were charged under Sections 498A and 406 IPC read with the Dowry Prohibition Act for alleged dowry harassment and cruelty towards the appellant's wife, who later obtained a divorce in the United States and remarried. The Metropolitan Magistrate …

UNION OF INDIA AND ANR.versusNARENDRA SINGH

2007 INSC 1284Case Partly allowed

The respondent, an Accountant in the Office of the Accountant General, was promoted to Senior Accountant (Functional) in 1990 despite not having passed the mandatory Departmental Examination required by the Indian Audit and Accounts Department (Senior Accountant) Recruitment Rules, 1988. The …

STATE OF A.P.versusA.S. PETER

2007 INSC 1285Appeal(s) allowed

The State of Andhra Pradesh filed a criminal case against A.S. Peter for alleged false declaration of stock and insurance fraud, leading to an FIR under IPC sections 199, 200 and 204 and a charge‑sheet filed by the local police. After allegations of irregularities in the initial investigation, the …

RAMESHWAR DASSversusSTATE OF PUNJAB & ANR.

2007 INSC 1286Dismissed

The appellant, Rameshwar Dass, was convicted under Section 304B of the IPC for the dowry death of his pregnant wife, Sushma Rani, who allegedly committed suicide after being tortured for a dowry demand of Rs 40,000. The prosecution relied on the husband’s telegram to the father‑in‑law, testimony of …

STATE GOVERNMENT OF M.P. & ORS.versusSHANKARLAL

2007 INSC 1287Case Partly allowed

Shankarlal, a clerk in the Madhya Pradesh Public Works Department, was suspended on 4 September 1982 with subsistence allowance payable under Rule 53 of the Madhya Pradesh Fundamental Rules. He failed to attend most of the departmental enquiry dates, leading to an ex‑parte finding of misconduct and …

POONAM VERMA AND ORS.versusDELHI DEVELOPMENT AUTHORITY

2007 INSC 1288Dismissed

The appellants, Poonam Verma and others, had registered under the Fifth Self‑Financing Housing Registration Scheme of the Delhi Development Authority (DDA) but never received a flat. After the scheme was closed, they sought inclusion in the "out‑of‑turn allotment" (OTA) quota based on a letter dated …

ACHHAIBAR MAURYversusSTATE OF U.P. & ORS.

2007 INSC 1289Dismissed

The appellant, an Assistant Teacher born on 1 July 1943, claimed a "session benefit" under Rule 29 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, arguing that his retirement on 1 July 2003 entitled him to continue service until 30 June 2004. The Supreme Court held that a person …

BRIJ LAL (DEAD) BY LRS. AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS. ETC. ETC.

2007 INSC 1290Appeal(s) allowed

The case concerned surplus‑area determinations made under the Haryana Ceiling on Land Holdings Act, 1972, where land owners sought ejectment of tenants and the tenants challenged the orders after a long lapse of time. The Supreme Court examined whether the phrase "at any time" in Section 18(6) of …

THE GENERAL MANAGER, PENCH AREA, PARASIA, M.P.versusBARKAN@ KANHAIYA

2007 INSC 1291Appeal(s) allowed

The respondent filed a suit for specific performance of a contract of employment, alleging that the employer had failed to appoint his son despite a clause promising employment for four persons. The trial court, first appellate court, and High Court held the suit maintainable and ordered specific …

RUGMINI AMMAL (DEAD) BY LRS.versusV. NARAYANA REDDIAR AND ORS.

2007 INSC 1292Dismissed

The appellant challenged the validity of a lease agreement, alleging it was forged, and the Kerala High Court's Single Judge ordered a criminal complaint under Section 340 of the CrPC based on a handwriting expert's report. The High Court set aside that order, holding that Section 340 could not be …

NEW INDIA ASSURANCE COMPANY LTD.versusNUSLI NEVILLE WADIA AND ANR.

2007 INSC 1293Dismissed

The Supreme Court examined who must lead evidence first in eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. New India Assurance Company Ltd., a State under Article 12, sought to evict tenants NUSLI Neville Wadia and others from a building it owned. The …

M.V. THIMMAIAH & ORS.versusUNION PUBLIC SERVICE COMMISSION & ORS.

2007 INSC 1294Dismissed

The Karnataka government constituted a Selection Committee to recommend non‑State Civil Service officers for promotion to the IAS. Unsuccessful candidates alleged that the Committee was improperly constituted, acted arbitrarily and with malafide intent, particularly pointing to the Chairman’s …

UJJAGAR SINGHversusSTATE OF PUNJAB

2007 INSC 1295Dismissed

The appellant Ujjagar Singh was charged with murdering his niece Mukhtiar Kaur and raping her. Both were found with gunshot wounds; the appellant also sustained a serious injury. The trial and High Courts convicted him under sections 302, 376 and 309 IPC and imposed death penalty. On appeal, the …

MAHBOOB DEEPAKversusNAGAR PANCHAYAT GAJRAULA & ANR.

2007 INSC 1296Case Partly allowed

The appellant, appointed as a daily wager on 30 July 1988, was terminated on 16 July 1989 for alleged financial irregularities. He claimed that his services were to be regularized after three months and raised an industrial dispute. The Labour Court ordered his reinstatement with back wages, but the …

L.M.L. LTD.versusSTATE OF U.P. & ORS.

2007 INSC 1297Disposed off

The Supreme Court examined whether Uttar Pradesh Power Corporation Ltd (UPPCL) could retrospectively impose a 15% surcharge after issuing circulars that allowed consumers to opt out of a guaranteed 500‑hour supply, and whether the doctrine of promissory estoppel barred such action. The Court held …

C.S. AZAD KRISHI EVAM PRODYOGIKI VISHWA VIDYALAYAversusUNITED TRADES CONGRESS & ANR.

2007 INSC 1298Appeal(s) allowed

The Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya) Act created a university whose service conditions are governed by its statutes, which do not provide for daily‑wage or ad‑hoc appointments. Respondent No.2, a daily‑wage laboratory assistant, was entrusted with clerk duties from 1‑Nov‑1991 …

EASTERN BOOK COMPANY & ORS.versusD.B. MODAK & ANR.

2007 INSC 1266Case Partly allowed

The Supreme Court examined whether the copy‑edited versions of Supreme Court judgments published in the law report "Supreme Court Cases" (SCC) qualify as original literary works eligible for copyright. It held that the judgments themselves are government works in the public domain and their …

KESHAVversusSTATE OF MAHARASHTRA

2007 INSC 1267Appeal(s) allowed

The appellant Keshav was convicted under Section 302 IPC for allegedly murdering his brother‑in‑law, based on motive, the fact that they were last seen together, an extra‑judicial confession to the victim’s wife, discovery of blood‑stained clothes and a knife. The Supreme Court examined whether …

UMAR MOHAMMAD & ORS.versusSTATE OF RAJASTHAN

2007 INSC 1268Disposed off

The case arose from a night‑time attack on three brothers (Jharmal, Juhru and Mubin) allegedly over a property and personal dispute, in which twelve armed men assaulted the victims, killing the two brothers and injuring Mubin. The prosecution relied on three eyewitnesses, medical autopsy reports and …

DEDDAPPA & ORS.versusTHE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD.

2007 INSC 1269Appeal(s) allowed

The appellant's daughter was killed when a tempo, owned and driven by Respondent No.2, ran over her. The vehicle was insured with National Insurance Co., but the insurer claimed the policy was cancelled because the premium cheque was dishonoured, invoking Section 64‑VB of the Insurance Act, 1938. …

AJAY MOHAN AND ORS.versusH.N. RAI AND ORS.

2007 INSC 1270Dismissed

The appellants, who claimed ownership of the suit land by a gift deed, sued the respondents for a permanent injunction, the respondents asserting title based on an alleged 1969 agreement of sale. The City Civil Court refused an interim injunction on the ground that the appellants had not made a …

ANIL KUMAR GOELversusKISHAN CHAND KAURA

2007 INSC 1271Appeal(s) allowed

The appellant issued a cheque on 31 March 1998 which was dishonoured on two occasions; notices were served and a complaint under Section 138 of the Negotiable Instruments Act was filed on 28 November 1998. The appellant sought to quash the complaint on the ground that the complaint was filed beyond …

SARABJIT RICK SINGHversusUNION OF INDIA

2007 INSC 1272Dismissed

The United States requested the extradition of Sarabjit Rick Singh on drug‑trafficking and money‑laundering charges, and the Indian government directed an Additional Chief Metropolitan Magistrate to conduct an enquiry under the Extradition Act, 1962. Singh challenged the magistrate’s order, arguing …

NATIONAL INSURANCE COMPANY LTD.versusINDIRA SRIVASTAVA & ORS.

2007 INSC 1273Dismissed

The deceased, R.K. Srivastava, a salaried employee, died in a road accident and his wife and children claimed "just compensation" under Section 168 of the Motor Vehicles Act, 1988. The central issue was the proper computation of the deceased's total income for compensation – whether only basic …

GENERAL MANAGER, UCO BANK & ANR.versusM. VENURANGANATH

2007 INSC 1274Dismissed

M. Venurangnanath, a branch manager of UCO Bank, was charged with offences under the IPC and the Prevention of Corruption Act and was acquitted with benefit of doubt. He had been suspended from service during the criminal proceedings and, after reinstatement, faced departmental enquiry which found …

COMMISSIONER OF INCOME TAXversusWILLAMSON FINANCIAL SERVICES AND ORS.

2007 INSC 1275Disposed off

The case concerned Williamson Financial Services, which earned composite income from growing, manufacturing and exporting tea. The assessee claimed a deduction under s.80HHC of the Income‑Tax Act on the entire tea income before applying the 60:40 apportionment mandated by Rule 8(1) of the Income‑Tax …

GENERAL MANAGER, NORTH WEST RAILWAY & ORS.versusCHANDA DEVI

2007 INSC 1276Appeal(s) allowed

The widow of Ram Niwas, a project casual labourer who was later treated as a temporary employee under a scheme approved by the Supreme Court, applied for family pension after his death in 1988. The Railway Administration rejected the claim, citing the Railway Services (Pension) Rules, 1993, which …

R.K. MOBISANA SINGHversusKH. TEMBA SINGH & ORS.

2007 INSC 1278Disposed off

The case concerned whether ad‑hoc promotions of Section Officers to Assistant Engineer in the Manipur PWD, made without following the recruitment rules, could be regularised retrospectively to grant seniority over direct recruits. The promotees argued that their services had been regularised with …

THE DIRECTOR GENERAL, BORDER SECURITY FORCE AND ORS.versusDEENAMMA SANDEL

2007 INSC 1279Disposed off

The Director General of the Border Security Force appealed against a Kerala High Court order that directed the authorities to consider the representation of Deenamma Sandel, an employee who had resigned under Rule 19 of the BSF Rules, 1969, and was claiming a pension. The central issue was whether …

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S SUPREME FABRICS LTD.

2007 INSC 1280Dismissed

Mis Supreme Fabrics Ltd claimed that loading charges incurred while clearing goods from its factory gate should be treated as cum‑duty price, allowing an abatement of excise duty payable on those charges. The Assessing Officer held the charges were includible in assessable value and denied the …

M/S. HONDARAM RAMCHANDRAversusYESHWANT MAHADEV KADAM (DEAD) THROUGH LRS.

2007 INSC 1281Disposed off

The appellant, Mis. Hondaram Ramchandra, operated a sales office which was closed. The workmen were transferred to a separate factory, refused to join, and were terminated after an ex parte domestic enquiry. The Labour Court upheld the termination, but the High Court set aside the award and ordered …

MAGNA PUBLISHERS CO. LTD. & ORS.versusSHILPA S. SHETTY

2007 INSC 1282Disposed off

The film actress Shilpa S. Shetty filed a civil suit for Rs 20 crore in damages and an injunction against Magna Publishers and others, alleging that three articles published in the magazine 'Stardust' were defamatory and would damage her career. The Bombay High Court, on a prima facie view, granted …

NATIONAL INSURANCE CO. LTD.versusDEEPA DEVI AND ORS.

2007 INSC 1257Appeal(s) allowed

During the 1993 Assembly elections, a Maruti Gypsy owned by Respondent No.3 and insured by National Insurance Co. Ltd. was requisitioned by the Sub‑Divisional Magistrate under the Representation of the People Act. While the magistrate was travelling in the vehicle, it met with an accident that …

SEWARAM AND ANOTHERversusSTATE OF U.P.

2007 INSC 1259Dismissed

The case arose from a dispute over litigation in which the accused Sewa Ram, Ram Prasad (deceased), Parmeshwari and Sunder Lal attacked Genda Devi with lathis and a kanthi, causing her death, and also assaulted the complainant Shaukat Ali. The trial court convicted them under Section 302 read with …

INDU NISSAN OXO CHEMICALS IND. LTD.versusUNION OF INDIA AND ORS.

2007 INSC 1260Disposed off

Indu Nissan OXO Chemicals imported certain products and disputed their classification, leading the Customs authorities to levy a penalty of Rs 10 crore under Section 112(a) of the Customs Act, 1962. The company appealed to CESTAT, which conditioned the hearing on a pre‑deposit of Rs 2 crore under …

DHARMARAJAN AND OTHERSversusVALLIAMMALAND ORS.

2007 INSC 1261Appeal(s) allowed

The plaintiff Muthuswamy Gounder sued for declaration and injunction claiming title to a land parcel based on a sale deed and alleged adverse possession of over 60 years. The defendants claimed ownership through purchase from members of the Iyer family and argued that the alleged occupants, K and …

SUMERSINBH UMEDSINH RAJPUT @ SUMERSINHversusSTATE OF GUJARAT

2007 INSC 1262Appeal(s) allowed

The appellant, a driver of a Tata Spacio, was intercepted by police and, according to the prosecution, snatched a service revolver during a scuffle and fired at the complainant, a police sub‑inspector, causing a gunshot injury. He was convicted by the trial courts under IPC sections 307 (attempt to …

GURUNATH MANOHAR PAVASKAR & ORSversusNAGESH SIDDAPPA NAVALGUND & ORS.

2007 INSC 1263Appeal(s) allowed

Gurunath Manohar Pavaskar and others sued Nagesh Siddappa Navalgund and others for permanent and mandatory injunction, alleging that the defendants had encroached upon land they claimed to own by deed of sale dated 7‑Nov‑1984. The trial court decreed the suit, and the Karnataka High Court upheld the …

M/S. ORIENTAL SELECT GRANITE PVT. LTD.versusSTATE OF KARNATAKA & ORS.

2007 INSC 1264Dismissed

The petitioners, Mis. Oriental Select Granite Pvt. Ltd., challenged demand notices requiring them to pay the value of granite excavated between 27 August 1993 and 18 January 1996, contending that they were protected by interim orders of the Karnataka High Court dated 24 October 1990 and a status‑quo …

JITENDRA KUMAR & ORS.versusSTATE OF HARYANA & ANR.

2007 INSC 1265Dismissed

The appellants, selected candidates of the Haryana Civil Service (Executive Branch) and Allied Services, sought appointment after the State of Haryana reduced the cadre strength from 300 to 230 posts following a Model Code of Conduct during elections. The High Court dismissed their writ petitions, …

U.P. POWER CORPORATION LTD. & ANR.versusSANT STEELS & ALLOYS (P) LTD. & ORS.

2007 INSC 1252Disposed off

The Uttar Pradesh Power Corporation Ltd. granted a 33.33% hill‑development rebate on electricity charges to new industrial units in hill districts through notifications issued under Section 49 of the Electricity (Supply) Act, 1948, for a period of five years. Subsequent notifications in 1998 and …

STATE OF RAJASTHANversusGANESHI LAL

2007 INSC 1253Case Partly allowed

Ganeshilal, a temporary peon in the Law Department of the Rajasthan State Government, was terminated and claimed the dismissal violated Section 25‑G of the Industrial Disputes Act, 1947. The State contended that the Law Department was not an "industry" within the meaning of Section 2(s) of the Act, …

LAXMAN PRASADversusPRODIGY ELECTRONICS LTD. AND ANR.

2007 INSC 1254

Prodigy Electronics Ltd., a Hong Kong company, employed Laxman Prasad as its India marketing manager. After resigning, Prasad allegedly breached the employment contract by soliciting customers, using the company's trade name at a Delhi trade fair, and registering a similar domain name. Prodigy filed …

HARYANA LAND RECLAMATION AND DEVELOPMENT CORPORATION LTD.versusNIRMAL KUMAR

2007 INSC 1251Disposed off

The employer, Haryana Land Reclamation and Development Corporation Ltd., retrenched Nirmal Kumar, a watchman‑cum‑peon, in 1991. The workman filed a claim petition alleging illegal retrenchment, and the Labour Court held that the dismissal violated Rule 77 of the Rajasthan Industrial Disputes Rules, …

M/S NOPANY INVESTMENTS (P) LTD.versusSANTOKH SINGH (HUF)

2007 INSC 1255

M/S NOPANY INVESTMENTS (P) Ltd., the landlord, sought eviction of SANTOKH SINGH (HUF) tenant. The junior HUF member, Jasraj Singh, filed the suit claiming to be the Karta despite the senior brother being alive but residing abroad and having executed a power of attorney. The Supreme Court held that …

BINDHA PRASAD & ORS.versusBHAN DATT (DEAD) BY L.RS.

2007 INSC 1256

The appeal concerned a sale deed executed by a tenant, Raghoram, who had deposited twenty times the land revenue to convert his sirdari rights into Bhumidhari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The sale deed was executed on the same day as the deposit, but Raghoram …

SAKIRI VASUversusSTATE OF U.P. AND ORS.

2007 INSC 1243Dismissed

The appellant, the father of a deceased Army Major, alleged that his son was murdered because he had uncovered corruption, and sought a direction that the Central Bureau of Investigation (CBI) conduct a probe. The High Court dismissed the writ petition, and the appellant appealed. The Supreme Court …

U.P. STATE AGRO INDUSTRIAL CORPORATION LTD.versusKISAN UPBHOKTA PARISHAD & ORS.

2007 INSC 1244Dismissed

The Supreme Court examined whether Animal Driven Vehicles (ADV carts) used to transport sugarcane qualify as "agricultural implements" under a Uttar Pradesh Government Order of 20‑Nov‑1996 that provided purchase subsidies for such implements. The petitioners argued that the carts should be treated …

ATMA SINGH (DIED) THROUGH LRS. & ORS.versusSTATE OF HARYANA & ANR

2007 INSC 1245Case Partly allowed

The appellants, landowners whose 89 acres were acquired for a sugar mill under the Land Acquisition Act, 1894, challenged the compensation awarded. The High Court had fixed a market value of Rs.1,20,000 per acre but reduced it by 33% because the exemplars were small plots, arriving at Rs.80,000 per …

VINAY DEVANNA NAYAKversusRYOT SEVA SAHAKARI BANK LTD.

2007 INSC 1246Appeal(s) allowed

The appellant, a member of Ryot Seva Sahakari Bank, obtained a loan and issued a cheque that was later dishonoured, leading the bank to prosecute him under Section 138 of the Negotiable Instruments Act. The trial court convicted him, sentencing him to six months' imprisonment and ordering …

IRRIGATION RESEARCH INSTITUTE & ANRversusKRIPAL SINGH

2007 INSC 1247Case Partly allowed

Kripal Singh, employed as a Beldar from 1 February 1991 to 3 June 1992, was terminated without notice on 4 June 1992. He raised an industrial dispute alleging violation of Section 6(N) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a worker to have worked at least 240 days in a …

STATE OF CHHATTISGARH & ORS.versusM/S. VTP CONSTRUCTIONS

2007 INSC 1248Dismissed

The Supreme Court examined the constitutional validity of Section 35 of the Chhattisgarh Vanijyik Kar Adhiniyam, 1994, which mandated deduction at source of sales tax on payments for works contracts. M/s VIP Constructions challenged the deduction, arguing that the provision failed to determine the …

BOGIDHOLA TEA AND TRADING CO. LTD. AND ANR.versusHIRA LAL SOMANI

2007 INSC 1249Disposed off

The appellants, Bogidhola Tea and Trading Co. Ltd. and others, were contractually obliged to supply made tea for the 1984 and 1985 seasons but delivered only a fraction of the quantity. The respondent sued for the price of the remaining tea, and the defendants failed to appear despite service of …

DISTRICT BASIC EDUCATION OFFICERversusDHANANJAI KUMAR SHUKLA AND ANR.

2007 INSC 1250Appeal(s) allowed

The respondent was appointed headmaster of a recognised school despite being the son of the school's manager, which is prohibited by Rule 6 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) Rules, 1978. The manager had taken temporary leave, but the Supreme Court held that this did …

STATE ROAD TRANSPORT CORPORATIONversusVINOD KUMAR

2007 INSC 1234Appeal(s) allowed

Vinod Kumar, a bus conductor employed by U.P. State Road Transport Corporation, was found to have collected fare from passengers without issuing tickets, amounting to misappropriation of funds. An internal disciplinary inquiry led to his dismissal, which was challenged in an industrial dispute …

G.M. INDIAN BANKversusR. RANI & ANR.

2007 INSC 1235Dismissed

The respondents were appointed to bank positions reserved for Scheduled Tribes on the basis of caste certificates claiming membership in the Konda Reddy community. A District Level Committee later cancelled those certificates after an enquiry, leading to their termination. The High Court quashed the …

ABDUL GAFUR & ORSversusTHE STATE OF ASSAM

2007 INSC 1236Appeal(s) allowed

The appellants, including Abdul Gafur, were convicted by a trial court and the Gauhati High Court for dacoity, robbery and outraging modesty based on the testimony of several witnesses who claimed the accused entered the Gupta household, assaulted the family, looted gold ornaments and committed …

MODI TELE FIBRES LTD.versusU.P. STATE ELECTRICITY BOARD & ORS.

2007 INSC 1237Dismissed

Modi Tele Fibres Ltd. had a bulk electricity supply (service connection No. 1008) for its factory and the residential colonies of its employees under an agreement dated 30 September 1994, which barred termination before two years. After permanently closing the factory in September 1995, the company …

M/S TRIG GUARDS FORCE LTD.versusMAHARASHTRA INDUS. DEV. CORPN. & ORS.

2007 INSC 1238Disposed off

Trig Guards Force Ltd built about 50‑60 commercial shops in the Turbhe slum area, one of which pre‑dated the protected‑structure date under the Maharashtra Slums Clearance & Improvement Act, 1971. The Maharashtra Industrial Development Corporation (MIDC) issued a demolition notice for the shop …

S. BHAGIRATH AMMALversusPALANI ROMAN CATHOLIC MISSION

2007 INSC 1233Dismissed

The Palani Roman Catholic Mission (landlord) leased a plot to S. Bhagirath Ammal (tenant) who erected a structure. After the lease expired, the Mission sought possession, and the tenant filed an application under Section 9 of the Madras City Tenants Protection Act, 1921 to purchase the land. While …

M/S. HOLICOW PICTURES PVT. LTD.versusPREM CHANDRA MISHRA & ORS.

2007 INSC 1239Case Partly allowed

The Supreme Court heard a civil appeal challenging a Patna High Court order that had quashed several land allotments made by the State Government to a private company, on the ground that the allotments were irregular. The petition was filed as a Public Interest Litigation (PIL) by a spokesperson of …

DIVISIONAL MANAGER, ARAVALI GOLF CLUB & ANR.versusCHANDER HASS & ANR.

2007 INSC 1240Appeal(s) allowed

The respondents, originally appointed as Mali (gardener) on daily wages, were later required to work as tractor drivers though no such post existed in the Aravali Golf Club. After being paid tractor‑driver wages, they were regularised only as Mali and filed a suit seeking regularisation as tractor …

ELECTION COMMISSION OF INDIAversusST. MARYS SCHOOL AND ORS.

2007 INSC 1241Dismissed

The petitioners, an unaided school governed by the Delhi School Education Act, challenged the Election Commission’s practice of deploying teachers from government schools for election‑related duties during school hours, alleging that it disrupted education and violated the right to education. The …

ANUJ GARG & ORS.versusHOTEL ASSOCIATION OF INDIA & ORS.

2007 INSC 1242Dismissed

The Supreme Court examined the constitutional validity of Section 30 of the Punjab Excise Act, 1914, which barred men under 25 and all women from employment in premises serving liquor. The Court held that the provision violates Articles 14, 15 and 19(1)(g) of the Constitution because it is an …

DIRECTORATE OF REVENUE & ANR.versusMOHAMMED NISAR HOLIA

2007 INSC 1226Dismissed

The Directorate of Revenue received a fax alleging that a guest in a Mumbai hotel possessed Mandrex tablets and cash. Officers searched the guest's hotel room, seized cash and a fax copy of a consignment note, and recorded the accused's statement under Section 67 of the NDPS Act. The trial court …

SHIPPING CORPORATION OF INDIA LTD.versusM/S. BHARAT EARTH MOVERS LTD. & ANR.

2007 INSC 1227Case Partly allowed

The Shipping Corporation of India Ltd (appellant) was contracted to transport a consignment of 16 packages from Kobe, Japan to Madras, India. Upon arrival, five packages were damaged and the respondent sued for damages limited to two of the packages. The trial court and the Madras High Court applied …

UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA ANDANR.versusSTATE OF U.P. & ORS.

2007 INSC 1228Dismissed

The appellant, a cooperative society, repeatedly filed several writ petitions and a public interest litigation challenging recovery proceedings and the constitutionality of Section 35A of the Uttar Pradesh Khadi and Village Industries Board Act, 1960. The High Court dismissed the latest writ …

SHEIKH ABDUL RASHID & ORS.versusSTATE OF J & K & ORS.

2007 INSC 1229Appeal(s) allowed

The appellants, who were directly recruited as Sub‑Inspectors on 25‑04‑1979, challenged a Government order dated 03‑12‑1985 that retrospectively promoted certain private respondents (promotees) who had been entered in Promotion List E in 1978. The order sought to give them seniority over the …

UNITED BANK OF INDIAversusTAMIL NADU BANKS DEPOSIT COLLECTORS UNION AND ANR.

2007 INSC 1230Appeal(s) allowed

United Bank of India terminated two commission agents (tiny deposit collectors) in 1984. The Union raised the terminations as industrial disputes, which were referred to the Tamil Nadu Industrial Tribunal. The Tribunal allowed the bank to lead evidence to justify the dismissals and ruled in its …

NIRANJAN CINEMAversusPRAKASH CHANDRA DUBEY AND ANR.

2007 INSC 1231Case Partly allowed

The respondent, a gate‑keeper at Niranjan Cinema, was alleged to have been absent from work and to have started a betel shop. He claimed that his services were terminated and filed an industrial dispute. The Industrial Tribunal held the termination illegal, ordered reinstatement and back wages, and …

COMMISSIONER OF INCOME TAXversusGUJARAT MARITIME BOARD

2007 INSC 1232Dismissed

The Gujarat Maritime Board (GMB), a statutory authority created under the Gujarat Maritime Board Act, 1981 to develop minor ports, applied to be registered as a charitable institution under Section 12A of the Income‑Tax Act, 1961 to claim exemption under Section 11. The Commissioner of Income Tax …

HARPAL SINGHversusSTATE OF PUNJAB

2007 INSC 1218Appeal(s) allowed

Harpal Singh was apprehended with a kilogram of explosive powder. The police initially filed a charge-sheet under the Explosives Act, 1884, and later filed a supplementary charge-sheet adding offences under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Explosive …

RAJENDRA DATTA ZAREKARversusSTATE OF GOA

2007 INSC 1219Dismissed

The appellant Rajendra was accused of raping his six‑year‑old neighbour’s daughter Sonia on 14 October 2003. The victim’s mother heard her cries, rescued her, and the child was medically examined, revealing bruises and evidence of recent penetration despite an intact hymen. The trial court acquitted …

MURUGAN & ORS.versusSTATE THROUGH INSPECTOR OF POLICE, TAMIL NADU

2007 INSC 1220Dismissed

The case arose from a village procession during which a group of eleven accused formed an unlawful assembly and attacked several persons, resulting in the death of the deceased (Kannan) and injuries to others. The trial court convicted appellant No.1 (Murugan) under Section 302 IPC for murder and …

NARESH GOVIND VAZEversusGOVT. OF MAHARASHTRA & ORS.

2007 INSC 1221Dismissed

Naresh Govind Vaze, a judicial officer of Maharashtra, was subjected to departmental disciplinary proceedings for alleged misconduct, including the use of intemperate language in representations to the High Court and other administrative lapses. A District Judge was appointed as the inquiry officer, …

UNION OF INDIA & ANR.versusRANCHOD & ORS.

2007 INSC 1222Appeal(s) allowed

The Government of India acquired land for firing ranges and awarded compensation to landholders, who then sought a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the compensation, but both the landholders and the Union of India appealed to the High Court. …

SANGAM SPINNERSversusREGIONAL PROVIDENT FUND COMMISSIONER-I

2007 INSC 1223

Sangam Spinners set up a factory on 1 September 1995 and claimed exemption from the Employees Provident Funds Act, 1952 under clause (d) of Section 16(1), which provided a three‑year infancy protection. In 1998, the clause was omitted by amendment Act No. 10 of 1998 with retrospective effect from 22 …

M/S. DEVA METAL POWDERS PVT. LTD.versusCOMMISSIONER, TRADE TAX, U.P.

2007 INSC 1224Appeal(s) allowed

Deva Metal Powders Pvt. Ltd. was originally assessed as dealing in metal and taxed at 2.2% on its aluminium powder. The assessing officer, relying on Hindustan Aluminium Corporation Ltd. v. State of Uttar Pradesh, invoked Section 22 of the Uttar Pradesh Sales Tax Act, 1948 to rectify the assessment, …

MOHD. AKRAM ANSARIversusCHIEF ELECTION OFFICER & ORS.

2007 INSC 1225Dismissed

Mohd. Akram Ansari contested the 2003 Delhi Legislative Assembly election and lost to Haroon Yusuf, who was then Chairman of the Delhi Wakf Board. The appellant challenged Yusuf's election on the ground that the Wakf Board chairmanship was an office of profit and that the election petition raised …

FEDDERS LLOYD CORPORATION LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI

2007 INSC 1213Dismissed

Fedders Lloyd Corporation Ltd manufactured condensing units at its Delhi plant and procured cooling units from local manufacturers. It assembled these components with pipe kits, cords, remote controls and performed quality checks at its Mumbai workshop, thereby creating a complete split …

STATE OF MADHYA PRADESHversusBABULAL

2007 INSC 1215Appeal(s) allowed

The State of Madhya Pradesh prosecuted Babulal for raping a married woman in broad daylight, threatening her with a knife. The trial court convicted him under Section 376(1) IPC and sentenced him to seven years' rigorous imprisonment with a fine of Rs.2,500. The High Court reduced the sentence to …

SANJAY KUMAR KEDIAversusNARCOTICS CONTROL BUREAU & ANR.

2007 INSC 1216Dismissed

Sanjay Kumar Kedia incorporated two companies, Xponse Technologies Ltd and Xponse IT Services Pvt Ltd, which were alleged to have used their internet platforms to arrange the supply of psychotropic drugs such as phentermine and butalbital to customers abroad. The Narcotics Control Bureau …

M/S. L&T KOMATSU LID.versusN. UDAYAKUMAR

2007 INSC 1217Appeal(s) allowed

The respondent, a workman employed by L&T Komatsu Ltd., was dismissed after being found guilty of unauthorized absence for 105 days, with a history of 15 prior instances of absenteeism. The Labour Court set aside the dismissal, ordering reinstatement with continuity of service and a penalty of four …

RAJESH RANJAN YADAV & PAPPU YADAVversusCBI THROUGH ITS DIRECTOR

2007 INSC 1209Dismissed

The appellants, Rajesh Ranjanyadav and Pappuyadav, had been in custody for over seven years facing serious charges and filed multiple bail applications in the High Court and Supreme Court. They sought bail on grounds of exemplary conduct, the death of their father, lack of incriminating evidence, …

NEW INDIA ASSURANCE CO. LTD.versusPRABHU LAL

2007 INSC 1210Appeal(s) allowed

The complainant, Prabhu Lal, claimed compensation from New India Assurance Co. Ltd. after his Tata 709 vehicle was damaged in a collision with a Roadways bus. The insurer contended that the vehicle was a "transport vehicle" and was being driven by the complainant's brother, Ram Narain, who held only …

DEVISINGH MEENAversusUNION OF INDIA

2007 INSC 1207Dismissed

The appellant, an officer of the Indian Railways, claimed promotion to Chief Commercial Manager, Senior Administrative Grade, on the basis that the Minister of Railways had initially approved his inclusion in the promotion panel. The Departmental Promotion Committee (DPC) later refused to recommend …

K.N. ANANTHARAJA GUPTAversusSMT. D.V. USHA VIJAY KUMAR

2007 INSC 1211

The respondent, a widow and co‑owner of a residential flat in Bangalore, filed an eviction petition under Section 27(2)(r) read with Section 31 of the Karnataka Rent Act, 1999, claiming the premises were dilapidated and needed demolition and reconstruction for her and her children’s use. The Small …

DESHRAJversusBODHRAJ

2007 INSC 1212

In the 2003 Himachal Pradesh Legislative Assembly election for the SC‑reserved 35‑Gangath constituency, the respondent Bodh Raj was declared elected, claiming membership of the Scheduled Caste Lohar and supporting it with a caste certificate issued by an Executive Magistrate. The appellant Deshraj …

KAILASH CHANDRAversusSTATE OF M.P.

2007 INSC 1208Disposed off

The police seized a truck owned by Kailash Chandra that was found carrying foreign liquor. The driver was convicted under Section 34 of the Madhya Pradesh Excise Act, 1915 and the trial court ordered confiscation of the truck under Section 46, holding that the owner had knowledge of the offence. The …

SHAIK CHINA BRAHMAMversusSTATE OF A.P.

2007 INSC 1201

Shaik China Brahmam (A‑2) and Shaik Khasim Saida (A‑1) jointly attacked Shaik Masthan Vali, the former striking with an iron rod and the latter stabbing with a knife. The deceased died from multiple injuries, including fatal cuts to the neck and occipital region caused by the knife. The Sessions …

KAPILDEO MANDAL AND ORS.versusSTATE OF BIHAR

2007 INSC 1202Appeal(s) allowed

The incident occurred on the night of 14-15 July 1979 during a land dispute when several accused entered the house of the deceased, Sitaram Manda, allegedly firing weapons and assaulting occupants. The trial court convicted the accused under IPC sections 302 read with 149, 148, 452 and 323 based …

M/S.TATA ENGINEERING & LOCOMOTIVE CO. LTD.versusCOMMNR. OF CENTRAL EXCISE, JAMSHEDPUR

2007 INSC 1203Appeal(s) allowed

M/s. Tata Engineering & Locomotive Co. Ltd. manufactured chassis whose value depended on standard fitments. The price lists for November 1994 and April 1995 mistakenly recorded Engine No. 692 DI and Gear Box GBS 30 as standard, whereas the actual standard fitments were Engine No. 697 NA and Gear Box …

DIDIGAM BIKSHAPATHI & ANR.versusSTATE OF AP.

2007 INSC 1205Dismissed

The deceased, Budida Krishnamurthy, committed suicide after alleged harassment and financial disputes with the appellants, Didigam Bikshapathi and others. In his suicide note he implicated the appellants, leading to charges of abetment of suicide under Section 306 IPC. The appellants filed a …

STATE OF ANDHRA PRADESHversusABDUL KHUDDUS (DEAD) BY LRS. & ORS.

2007 INSC 1206Disposed off

The State of Andhra Pradesh filed an application under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 alleging illegal occupation of certain parcels of land (the Schedule Land) by Abdul Khuddus and others. The Special Court examined oral and documentary evidence and held that the …

NAGENDRA CHANDRA ETC. ETC.versusSTATE OF JHARKHAND & ORS.

2007 INSC 1195Dismissed

A large number of police constables were appointed in 1990 by posting vacancies on a notice board, contrary to Rule 663(d) of the Bihar Police Manual which mandates advertisement in newspapers and through the employment exchange. When the irregularity was discovered, the Director General ordered …

YADVENDRA ARYA AND ANR.versusMUKESH KUMAR GUPTA

2007 INSC 1196Dismissed

The landlord, an unemployed graduate, filed an application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking release of a shop he let to tenants so that he could start his own electrical goods business, claiming a bona‑fide …

SPECIAL DEPUTY COLLECTOR (L.A.)versusN. VASUDEVRAO AND ORS.

2007 INSC 1197Disposed off

The case concerned about 24.82 acres of government land that had been assigned to respondents on pattas, which the authorities later attempted to resume without paying the ex‑gratia stipulated in GO No.1307. The respondents filed writ petitions and, after a single High Court judge ordered them to …

PERSONAL MANAGER, SBI & ANR.versusKRISHNA GRAMEENA BANK EMPLOYEES UNION & ANR.

2007 INSC 1198Appeal(s) allowed

The Supreme Court examined a dispute over the special allowance payable to "cashier in charge of cash" in Regional Rural Banks (RRBs). The National Industrial Tribunal had awarded parity with sponsor banks but did not base its decision on functional equivalence or the doctrine of equal pay for equal …

SARVA SHRAMIK SANGHATANA (K.V.) MUMBAIversusSTATE OF MAHARASHTRA AND OTHERS

2007 INSC 1199

Century Industries Textiles Ltd., after offering a Voluntary Retirement Scheme that left only 275 workers, filed an application under s.25‑0(1) of the Industrial Disputes Act, 1947 seeking permission to close its mill. The company later withdrew this application to pursue an amicable settlement …

G.K. CHOKSI & COMPANYversusCOMMISSIONER OF INCOME TAX, GUJARAT

2007 INSC 1188Dismissed

The appellant, a firm of chartered accountants, constructed a residential building for its low‑paid employees and claimed an initial depreciation of 40% under Section 32(1)(iv) of the Income Tax Act, 1961. The Income Tax Officer rejected the claim on the ground that the provision applies only to …

UTTARANCHAL FOREST HOSPITAL TRUSTversusDINESH KUMAR

2007 INSC 1189Appeal(s) allowed

The respondent, Dinesh Kumar, claimed that he was employed as a sweeper by the Uttaranchal Forest Hospital Trust from 1 July 1995 to 16 August 1996 and was terminated without notice or retrenchment allowance. He alleged that he had rendered more than 240 days of service in the year preceding his …

CHATURBHUJversusSITA BAI

2007 INSC 1190Dismissed

The wife filed an application under Section 125 of the Criminal Procedure Code seeking maintenance, claiming she was unemployed and unable to maintain herself. The husband contended that she earned income from house rent and the sale of agricultural land and could therefore maintain herself. The …

CHIEF COMMISSIONER OF INCOME TAX AND ORS.versusSMT. SUSHEELA PRASAD AND ORS.

2007 INSC 1191Appeal(s) allowed

The respondents, who were employed as data‑entry operators on a contract basis, filed an application before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunals Act, 1985, seeking regularisation of their services on the ground of long rendition of service. The …

KANNAN (DEAD) BY LRS. AND ORS.versusV.S. PANDURANGAM (DEAD) BY LRS. AND ORS.

2007 INSC 1192Dismissed

The plaintiff filed a suit for declaration of title and possession of a residential property, which the trial court decreed in his favour. The defendant appealed and the first appellate court set aside the decree, holding that the defendant had acquired title by adverse possession. The plaintiff …

JANAK RAJversusPARDEEP KUMAR

2007 INSC 1193Appeal(s) allowed

The landlord, Janak Raj, filed a suit for eviction against his tenant, Paradeep Kumar, under the Jammu & Kashmir Houses and Shops Rent Control Act, 1966. The tenant had failed to pay rent for the period January 1984 to January 1985, making a partial payment of Rs.6,000 against a due of Rs.6,500, and …

U.P. FOREST CORPORATION AND ANR.versusDY. COMMISSIONER OF INCOME TAX, LUCKNOW

2007 INSC 1194Dismissed

The U.P. Forest Corporation sought exemption from income tax on the ground that it was a charitable institution under Section 11(1)(a) of the Income Tax Act, 1961. The corporation had not obtained registration under Section 12A, which is a prerequisite for invoking the charitable exemption. The …

UNION OF INDIA AND ANR.versusVICCO LABORATORIES

2007 INSC 1186Dismissed

Vicco Laboratories manufactures products such as Vicco Vajradanti and Vicco Turmeric, which it claims are Ayurvedic medicines. The Central Excise authorities repeatedly issued show‑cause notices (1976, 1987, 1997, 2005) seeking to re‑classify these products as cosmetics under the Central Excise …

HONDA SIEL POWER PRODUCTS LTD.versusCOMMISSIONER OF INCOME TAX, DELHI

2007 INSC 1187Appeal(s) allowed

Honda Siel Power Products Ltd, a manufacturer of generators, claimed enhanced depreciation under section 43A of the Income Tax Act for foreign‑exchange fluctuations in the cost of machinery. The Income Tax Appellate Tribunal rejected the claim, failing to consider a coordinate‑bench judgment (Samtel …

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2007 INSC 1177Disposed off

Vedanta Aluminium Ltd (formerly Vedanta Alumina Ltd) sought judicial clearance to divert 58.943 hectares of reserve forest land in the ecologically sensitive Niyamgiri Hills of Orissa for a one‑million‑tonne alumina refinery. The project required mining of bauxite from the hills, which are a …

RANIP NAGAR PALIKAversusBABUJI GABHAJI THAKORE AND ORS.

2007 INSC 1179Appeal(s) allowed

The Supreme Court examined an appeal by Ranip Nagar Palika challenging the reinstatement of several workmen who had been terminated in 1994. The workmen claimed they were regular employees who had continuously worked since 1991, invoking Section 25-F of the Industrial Disputes Act, 1947, which …

DIR. S.C.T.I. FOR MED. SCI & TECH. & ANR.versusM. PUSHKARAN

2007 INSC 1180Dismissed

The case concerned M. Pushkaran, whose name appeared at No.4 on a select list for three security‑guard vacancies in a medical institute. While two candidates were appointed and a third declined, Pushkaran was not offered the post and filed a writ petition. The institute later adopted a policy to …

INDIAN OVERSEAS BANK, ANNA SALAI AND ANR.versusP. GANESAN AND ORS.

2007 INSC 1181Appeal(s) allowed

The Supreme Court examined an appeal by Indian Overseas Bank against a Madras High Court order that stayed disciplinary proceedings against four bank employees who were also facing criminal charges for assaulting a rival union president. The employees had been suspended, served charge‑sheets, and a …

RAMESHWAR DAS AGRAWAL AND ANR.versusKIRAN AGRAWAL AND ORS.

2007 INSC 1182Appeal(s) allowed

A partnership dispute arose between the parties, and the first respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The Chief Justice of the Allahabad High Court appointed a retired judge as arbitrator on 9 December 2005 …

UNION OF INDIA AND ORS.versusAMAR SINGH

2007 INSC 1183Appeal(s) allowed

Amar Singh, a constable in the Central Reserve Police Force (CRPF), was found after 29 years of service to have entered the force using a fictitious school leaving certificate. A departmental enquiry confirmed the fraud, leading to his dismissal under Section 11(1) of the CRPF Act, 1949 and Rule 27 …

DADAN RAM AND ORS.versusSTATE OF BIHAR AND ORS.

2007 INSC 1184Case Partly allowed

The case concerned surplus land declared under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Respondent No.8's 4.64 acres were declared surplus, notified and allotted to eight downtrodden persons (parcha holders). Later the District Collector, invoking …

TAMIL NADU WAKF BOARDversusLARABSHA DARGA PANRUTI

2007 INSC 1185Dismissed

The dispute concerned whether the Larabsha Darga and its associated lands constitute a private Wakf (Wakf‑alal‑aulad) or a public Wakf. The property, originally part of a larger Wakf, had passed through successive settlements (hibbas) and was managed by Safia Bi, who claimed it was her private …

DELHI DEVELOPMENT AUTHORLTYversusARUN LAL SATIJA AND ORS.

2007 INSC 1178

The father of respondent No.1 was a member of a cooperative housing society and died before any land allotment was made. The society transferred his membership to his son, who applied for inclusion in the draw of lots for a plot, but the Registrar of Cooperative Societies rejected the application. …

VIJAY KUMAR AND ORS.versusWHIRLPOOL OF INDIA LTD. AND ORS.

2007 INSC 1173Dismissed

The appellants, who had taken a Voluntary Retirement Scheme (VRS) on 26 May 1995 and received the stipulated payments, later claimed that a settlement dated 13 October 1995 between the employer and the workmen’s union, which altered wages and retirement age, also applied to them. The settlement …

I. LAXMA REDDYversusA.P.S.R.T.C. AND ORS.

2007 INSC 1174

Laxma Reddy obtained a Labour Court order reinstating him after an unauthorized absence. He petitioned that his salary should be fixed with notional increments as if he had continuous service. A Single Judge allowed the petition relying on APSRTC v. P. Nageswara Rao, but the Andhra Pradesh High …

M/S. U.K. ENTERPRISES & ANR.versusCOMMISSIONER OF CUSTOMS AND CENTRAL EXCISE & ANR.

2007 INSC 1175Disposed off

M/s. U.K. Enterprises imported integrated circuits from Hong Kong and the Customs authorities deemed the declared value to be severely undervalued, fixing a transaction value of Rs.23.4 lakh and demanding differential duty of Rs.4.91 lakh. The Commissioner imposed a penalty of Rs.50,000 under …

M/S. SARVESH REFRACTORIES (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE & CUSTOMS

2007 INSC 1176Disposed off

M/s. Sarvesh Refractories (P) Ltd. bought a 'Loadall' material handling equipment from its manufacturer, Mis. Escorts JCB Ltd., which had classified the item under tariff heading 84.29 and paid excise duty accordingly. The purchaser claimed MODVAT credit under Rule 57Q of the Central Excise Rules, …

ZENITH STEEL TUBES AND INDUSTRIES LTD. AND ANR.versusSICOM LIMITED

2007 INSC 1172Matter referred to larger bench

The appellants, a sick industrial company and its guarantor, sought to enforce a personal guarantee for a loan after the company defaulted. The respondent invoked Section 31(1)(aa) of the State Financial Corporations Act, 1951, while the guarantor claimed protection under Section 22(1) of the Sick …

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS

2007 INSC 1163Disposed off

The Union of India sought permission to modify the National Maternity Benefit Scheme (NMBS) and introduce the Janani Suraksha Yojana (JSY), while the petitioner challenged the legality of discontinuing NMBS benefits. The Supreme Court had earlier ordered that NMBS could not be altered without its …

USHA P. KUVELKAR AND ORS.versusRAVINDRA SUBRAI DALVI

2007 INSC 1164Appeal(s) allowed

The case concerned an eviction petition filed by the landlord, a retired government servant, seeking possession of a flat for his and his family's bonafide personal need. During the pendency, the landlord and his wife fell ill and the Act was amended by inserting Section 23A(3), which allows retired …

P.C. CHACKO AND ANR.versusCHAIRMAN, LIFE INSURANCE CORPORATION OF INDIA AND ORS.

2007 INSC 1166Dismissed

The insured took a life insurance policy on 21 February 1987 and died on 6 July 1987. He had undergone an operation for adenoma thyroid four years earlier but answered "No" to the proposal question about any operation, constituting a deliberate misstatement. The Life Insurance Corporation repudiated …

MANOHAR S/O SHANKAR NALE AND ORS.versusJAIPALSING S/O SHIVLALSING RAJPUT AND ORS.

2007 INSC 1167Appeal(s) allowed

Manohar and others appealed against a High Court order that allowed execution of a decree for possession of land, arguing that the execution petition filed on 10‑December‑2001 was barred by the 12‑year limitation period under Article 136 of the Limitation Act, 1963. The decree, passed in a second …

SANTHOSH AND ORS.versusSARASWATHIBAI AND ANR.

2007 INSC 1168Dismissed

The case arose from a consent decree dated 20 July 1964 that allotted 6 acres 33 guntas of land to Sundrabai, the first wife of the deceased Trimukhrao, for her maintenance, with a restriction that the land would revert to the second wife and her son after Sundrabai's death. After Sundrabai died in …

ABDUL RAHEEMversusTHE KARNATAKA ELECTRICITY BOARD AND ANR.

2007 INSC 1169Appeal(s) allowed

The appellant, Abdul Raheem (Karnataka Electricity Board), entered into a sale agreement for land with Respondent No.1, who later sued for specific performance alleging the appellant's failure to perform. The trial court dismissed the suit, and the first appellate court upheld the dismissal, finding …

D. SAILUversusSTATE OF A.P.

2007 INSC 1170Case Partly allowed

The appellant D. Sailu was convicted under Section 302 IPC for stabbing the deceased during a quarrel over bore water. He appealed, arguing that the eyewitnesses were relatives of the deceased and thus unreliable, that medical evidence contradicted their testimony, and that the incident was a sudden …

RAMAN TECH. & PROCESS ENGG. CO. & ANR.versusSOLANKI TRADERS

2007 INSC 1171Appeal(s) allowed

Raman Tech & Process Engineering Co. sued Solanki Traders for Rs.99,200 for supplied material and sought security and attachment before judgment under Order 38 Rule 5 of the CPC, alleging dishonoured cheques and that the defendants were moving machinery to evade a decree. The trial court dismissed …

J.K. INDUSTRIES LTD. & ANRversusUNION OF INDIA AND ORS.

2007 INSC 1161Dismissed

The Supreme Court examined whether the Companies (Accounting Standards) Rules, 2006 – which made Accounting Standard 22 (deferred tax) mandatory – exceeded the Central Government’s rule‑making power under s. 642 of the Companies Act, 1956 and conflicted with the Act’s provisions on true‑and‑fair …

STATE OF PUNJABversusRANINDER SINGH AND ANR. ETC.

2007 INSC 1162Disposed off

The Supreme Court heard two appeals arising from orders of the Punjab & Haryana High Court. In Criminal Appeal No. 1608 of 2007 the Court considered the grant of anticipatory bail to Raninder Singh and others under Section 438(2)(i) of the Code of Criminal Procedure, 1973, and clarified that the …

STATE OF RAJASTHAN AND ORS.versusM/S KHANDAKA JAIN JEWELLERS

2007 INSC 1157Appeal(s) allowed

Mis Khandaka Jain Jewellers entered into agreements to purchase two properties in 1983, but the vendors failed to execute sale deeds. The firm obtained specific performance decrees in 1994, after which the court executed the sale deeds in 1995 and sent them for registration. The Sub‑Registrar, …

B. RAMAKICHENIN@ BALAGANDHIversusUNION OF INDIA AND ORS.

2007 INSC 1158Appeal(s) allowed

The appellant applied for the post of Deputy Director (Agriculture) in Pondicherry under an advertisement that required an M.Sc. in Agriculture and two years of experience in extension work/soil/Input analysis, without specifying that the experience must be after the degree. The UPSC short-listed …

M/S I.D.L. CHEMICAL LTD.versusSTATE OF ORISSA

2007 INSC 1160Dismissed

M/s IDL Chemicals Ltd., a manufacturer of explosives, supplied goods to Coal India Ltd.'s collieries in several states through its consignment agents. The company claimed that dispatches from its Rourkela factory to the agents were merely stock transfers and not inter‑State sales under the Central …

MAHMOOD AND ANR.versusSTATE OF U.P.

2007 INSC 1154Dismissed

The case concerns the murder of Ram Singh by a group of five assailants armed with firearms and lathis. The son of the deceased, PW‑1, witnessed the attack, lodged a First Information Report (FIR) within about one and a half hours, and identified the accused. All three eye‑witnesses (PW‑1, PW‑2, …

M/S. JAI FIBRES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI-III

2007 INSC 1156Appeal(s) allowed

Jai Fibres Ltd manufactures HDPE bags and had been classifying them under Chapter 63 of the Central Excise Tariff Act for the period 1 April 1992 to 15 October 1992, paying duty accordingly. Different High Courts were split on whether such bags should fall under Chapter 39 or Chapter 63, the Madhya …

ORIENTAL INSURANCE CO. LTD.versusSMT. RAJ KUMARI AND ORS.

2007 INSC 1151Case Partly allowed

The conductor of a bus owned by Mewat Transport Co. died in a 1984 accident, and his widow, children and parents claimed Rs 1.40 lakh compensation. The Motor Vehicles Tribunal awarded Rs 57,600 with 12% interest, limiting the insurer's liability to Rs 50,000. The Punjab and Haryana High Court …

UNITED INDIA INSURANCE CO. LTD.versusSERJERAO AND ORS.

2007 INSC 1152Disposed off

Labourers travelling in trolleys attached to tractors were injured in motor accidents and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, rejecting the insurer's claim that it was not liable and that the tractor owner alone was …

ONGC LTD.versusGARWARE SHIPPING CORPN. LTD.

2007 INSC 1153Case Partly allowed

The appellant ONGC required offshore vessels (OSVs) from the respondent Garware Shipping and the Shipping Corporation of India (SCI) under long‑term charters. Dispute arose over the computation of repair and maintenance (R&M) charges for the 11th to 16th years of operation, with the parties relying …

M/S. ANITA ENTERPRISES AND ANR.versusBELFER COOP. HOUSING SOCIETY LTD. & ORS.

2007 INSC 1150Dismissed

The Supreme Court examined a dispute where two firms (the appellants) were occupying rooms in a flat allotted to a member of a tenant co‑partnership housing society. The member had inducted the firms as tenants without the society’s consent, allegedly violating Section 29(2) of the Maharashtra …

COMMISSIONER, INCOME TAX, THIRUVANANTHAPURAMversusK. RAVINDRANATHAN NAIR

2007 INSC 1146Disposed off

The assessee, a cashew processor and exporter, claimed export incentive under s.80HHC(3) for AY 1993-94 but omitted processing charges from the total turnover in the formula. The Supreme Court held that processing charges form part of gross total income and must be included in total turnover for …

STATE OF PUNJAB AND ORS. ETC.versusSUPREET RAJPAL AND ANR. ETC.

2007 INSC 1147Disposed off

The respondents, appointed as part‑time lecturers, filed writ petitions seeking regularisation of their services. The Punjab and Haryana High Court allowed the petitions and directed the authorities to regularise the respondents notwithstanding the contractual terms of their appointments. The State …

THANKACHAN AND ANR.versusSTATE OF KERALA

2007 INSC 1148Case Partly allowed

The appellants were convicted of murder under Section 302 read with Section 34 IPC for a fatal assault on the deceased during a quarrel. The Supreme Court examined whether the incident fell within Exception 4 to Section 300 IPC, which applies to killings occurring in a sudden fight without …

HASI MOHAN BARMAN AND ANR.versusSTATE OF ASSAM AND ANR.

2007 INSC 1149Case Partly allowed

The appellant Hasi Mohan Barman, who was in a relationship with PW‑1, allegedly forced her to abort a pregnancy by administering injections with the help of co‑accused Abinash Biswas, leading to a conviction under IPC s.313 r.w. s.34. While the trial and High Courts upheld the conviction, the …

THE REGIONAL MANAGER, APSRTCversusN. SATYANARAYANA AND ORS.

2007 INSC 1133Appeal(s) allowed

The respondents were appointed as conductors on a daily‑wage basis and were later regularized on 1 August 1987. In 1999 they filed a writ petition under Article 226 seeking regularization retroactive to their initial appointment date, without explaining the long delay. The High Court allowed the …

GALI VENKATAIAHversusSTATE OF ANDHRA PRADESH

2007 INSC 1134Case Partly allowed

Gali Venkatiah was convicted of murder for stabbing his brother Gali Krishnaiah, based on the testimony of the deceased's wife and sons. The appellant argued that the witnesses were interested parties and that the killing occurred in a sudden quarrel, invoking Exception 4 to Section 300 IPC. The …

FOOD CORPORATION OF INDIA AND ORS.versusVIKAS MAJDOOR KAMDAR SAHKARI MANDLI LTD.

2007 INSC 1135Case Partly allowed

The Food Corporation of India contracted Vikas Majdoor Kamdaar Sahakari Mandli Ltd. to perform stevedoring and cargo handling at Kandla Port. The corporation later requested the contractor to increase the discharge rate, leading the contractor to incur extra expenses and seek higher remuneration. …

M/S. CANON STEELS P. LTD.versusCOMMISSIONER OF CUSTOMS

2007 INSC 1136Disposed off

Mis. Canon Steels Ltd appealed to the Supreme Court against the Punjab & Haryana High Court’s dismissal of its customs appeal, arguing that the High Court lacked territorial jurisdiction because the original adjudication order was passed in Mumbai and the appellate order by CESTAT was issued in …

M.P. STATE ELECTRICITY BOARD AND ANR.versusGRASIM INDUSTRIES LTD.

2007 INSC 1137Dismissed

The Madhya Pradesh State Electricity Board deleted clauses 21(t) and 21(g) of its general conditions that required payment of interest on security deposits. Grasim Industries Ltd challenged the deletion through writ petitions. A Single Judge of the High Court held the deletion permissible, but a …

COMMNR. OF CENTRAL EXCISE, ALLAHABADversusM/S. SOMAIYA ORGANICS (INDIA) LTD.

2007 INSC 1138Case Partly allowed

The assessee, Mis. Somaiya Organics (India) Ltd., operated a distillery that produced ethyl alcohol denatured (SDS) and a chemical factory that consumed the SDS for manufacturing specified chemicals. The assessee valued the transferred SDS on a costing basis under Rule 6(b)(ii) of the Central Excise …

M/S. JASWANT TALKIESversusCOMMERCIAL TAXES OFFICER, BHILWARA

2007 INSC 1139Appeal(s) allowed

The appellant, an exhibitor of cinematograph films, was found to have admitted 878 school children without tickets and was penalised under Section 10 of the Rajasthan Entertainment and Advertisement Tax Act, 1957. The Assessing Officer imposed a penalty of Rs.500 per viewer, totalling Rs.4,39,000, …

LARSEN AND TOUBRO LTD.versusFERTILIZER AND CHEMICALS TRAVANCORE LTD.

2007 INSC 1140Dismissed

Larsen & Toubro Ltd entered into a purchase order with Fertilizer and Chemicals Travancore Ltd that contained both Standard Conditions and Special Conditions. A dispute arose over the arbitration clause: the appellant sought an independent sole arbitrator under the Special Conditions, while the …

GURDEV SINGHversusNARAIN SINGH

2007 INSC 1141Appeal(s) allowed

The plaintiff obtained a permanent injunction restraining the defendant from planting any tree on specified Khasra parcels. The decree holder later filed an application for execution seeking removal of a Bohar tree that stood on the disputed land. The executing court, relying on a commissioner’s …

UNION OF INDIA AND ANR.versusADANI EXPORTS LTD. & ANR.

2007 INSC 1142Disposed off

The Union of India issued show‑cause notices under the Customs Act, 1962 alleging mis‑declaration, over‑invoicing and misuse of foreign exchange by Adani Exports Ltd. The adjudicating authority imposed penalties under Section 50 of the Foreign Exchange Regulation Act, 1973 read with Sections 49(3) …

ANTRAMversusSTATE OF MAHARASHTRA

2007 INSC 1143Dismissed

The appellant Antram was convicted for murdering his wife Shobha, who alleged he assaulted her with an axe. Shobha gave four dying declarations—two oral and two recorded—to her daughter, a cousin, a medical officer, and a private doctor before dying a day after discharge from hospital. The …

NARESH GIRIversusSTATE OF M.P.

2007 INSC 1144Appeal(s) allowed

The appellant, a bus driver, was charged under Section 302 IPC for the death of two passengers when a train struck his bus at an unmanned railway crossing. He contended that the train hit the rear of the bus and that there was no negligence on his part, so the murder charge was inappropriate. The …

SITARAM SAO@MUNGERIversusSTATE OF JHARKHAND

2007 INSC 1145Dismissed

The accused were convicted for the abduction, murder and dacoity of Gayatri Devi based largely on the testimony of an approver, Lalit Sanga, whose statement was recorded under Section 306 of the CrPC after he was granted pardon. The High Court had earlier remanded the case, finding procedural lapses …

STATE OF U.P.versusATAR SINGH AND ORS.

2007 INSC 1132Dismissed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Atar Singh and six others who had been convicted for the murder of Ram Murti and assault of three others. The trial court had sentenced the accused under IPC sections 302, 323, 324 r/w 149, 147, 148 and 452, but the …

WHIRLPOOL OF INDIA LTD.versusUNION OF INDIA AND ORS.

2007 INSC 1121Dismissed

Whirlpool of India Ltd, a refrigerator manufacturer, challenged Notification No. 9 of 2000 issued under Section 4A of the Central Excise Act, which required the maximum retail price (MRP) to be printed on the package of goods. The company argued that a refrigerator is not a “packaged commodity” …

SUNIL KUMARversusRAM SINGH GAUD AND ORS.

2007 INSC 1123Appeal(s) allowed

Sunil Kumar, a mini‑truck driver, was injured in a collision on 10 July 2003, sustaining three fractures and a 45% permanent disability. He claimed compensation under Section 166 of the Motor Vehicles Act for loss of earnings, but the Motor Accident Claims Tribunal awarded only Rs 45,000 for …

D. BOOPALAN & ORS.versusMADRAS METROPOLITAN W.S.S. BOARD & ORS.

2007 INSC 1122Disposed off

The Madras Metropolitan Water Supply & Sewerage Board amended its Leave Regulations in 1993 to grant engineers who obtained a post‑graduate degree accelerated seniority (two years for first class, one year for second class). A 1995 amendment withdrew this benefit and applied the withdrawal even to …

VINITEC ELECTRONICS PRIVATE LTD.versusHCL INFOSYSTEMS LTD.

2007 INSC 1124Dismissed

Vinitec Electronics supplied UPS systems to HCL but HCL defaulted on a portion of the payment. The contract required a performance bank guarantee of 10% of the contract value, which was initially conditional, payable only upon proof of default. The guarantee was later amended to delete the default …

MUTHUversusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2007 INSC 1125Case Partly allowed

Muthu, a waste‑paper merchant, was charged with murder after he stabbed Siva, a waste‑paper collector, who had thrown rubbish into Muthu's shop. The trial court convicted Muthu under Section 302 IPC and sentenced him to life imprisonment, a decision upheld by the High Court. On appeal, the Supreme …

SAVITRI GOENKAversusKUSUM LATA DAMANI AND ORS.

2007 INSC 1126Case Partly allowed

The appellant Savitri Goenka challenged a Delhi High Court order that had converted a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure (CPC) into a bail application under Section 438 CPC and granted interim protection, without serving notice on her. The High …

LUCKNOW DEVELOPMENT AUTHORITYversusKRISHNA GOPAL LAHOTI AND ORS.

2007 INSC 1127Case Partly allowed

The Lucknow Development Authority acquired a large tract of land for a housing scheme and the Special Land Acquisition Officer fixed its market value at Rs.2.20 per sq. ft., later increased to Rs.6 per sq. ft. by the acquisition tribunal after considering sale deeds of small plots. The landowners …

STATE OF HARYANAversusMAHENDER SINGH AND ORS.

2007 INSC 1128Dismissed

The respondents, life convicts sentenced in 1988 for murder, challenged a 2002 executive policy of the State of Haryana that set new criteria for premature release of life prisoners based on the nature and number of murders. The Punjab Prison Rules and Section 433A of the CrPC required a minimum of …

MIS. RAHUL BUILDERSversusM/S. ARIHANT FERTILIZERS AND CHEMICAL AND ANR.

2007 INSC 1129Dismissed

M/s. Rahul Builders entered into a construction contract with Mis. Arihant Fertilizers, which later defaulted on payments. The latter issued a cheque for Rs.1,00,000 that was returned unpaid because its account was closed. Rahul Builders sent a notice on 31‑Oct‑2000 demanding payment of the pending …