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Judgments of 2007

1324 judgments · newest first · showing 201–400

VEENA KUMARI TANDONversusNEELAM BHALLA AND ORS.

2007 INSC 1130Dismissed

The dispute arose in the Merry Niketan Cooperative Housing Society Ltd., a group housing cooperative, where several members of the same family owned multiple flats. The society’s bye‑laws sought to limit voting to "one family one vote" and prepared a final voter list accordingly, excluding …

MANAGEMENT OF INDIAN BANK AND ANR.versusG. RAMACHANDRAN AND ORS.

2007 INSC 1131

The respondents, employees of Indian Bank who had served for more than ten years, opted for voluntary retirement and sought to have periods of extraordinary leave on loss of pay counted as qualifying service for pension benefits. The bank rejected their claim, relying on Regulation 17 of the Indian …

UNION OF INDIA AND ORS.versusSTATE OF U.P. AND ORS.

2007 INSC 1116Dismissed

The Uttar Pradesh Jal Sansthan, created under the U.P. Water Supply and Sewerage Act, 1975, supplied water and maintained sewerage for railway colonies and stations and demanded service charges from the Railways. The Union of India contended that these charges were a tax on Union property and …

UNION OF INDIA AND ANR.versusMAHAJABEEN AKHTAR

2007 INSC 1117Dismissed

The Union of India appealed against a decision of the Central Administrative Tribunal and the Delhi High Court that had granted Mahajabeen Akhtar, a former Research Assistant of the Bureau of Promotion of Urdu Language, a replacement pay scale on the basis of equality with research assistants in …

BIHAR STATE COUNCIL OF AYURVEDIC AND UNANI MEDICINEversusSTATE OF BIHAR AND ORS.

2007 INSC 1118Appeal(s) allowed

The Supreme Court examined whether the Graduate of Ayurvedic Medicine and Surgery (GAMS) degree awarded by the Bihar State Faculty under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 remains a recognized qualification in view of the Indian Medicine Central Council Act, …

MOHAN KUMAR RAYANAversusKOMAL MOHAN RAYANA

2007 INSC 1119Disposed off

Mohan Kumar Rayana and Komal Mohan Rayana, a married couple, separated after the birth of their daughter Anisha. The mother obtained custody of the child from the Family Court, while the father was granted limited visitation rights. The Bombay High Court subsequently reduced the father's access, …

PRABHA ARORA AND ANR.versusBRIJ MOHINI ANAND AND ORS.

2007 INSC 1109Appeal(s) allowed

The landlady sought eviction of the tenants under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming she needed the premises to run tuition classes to augment her meagre pension. The prescribed authority rejected the application, but the …

M/S. P. VAIKUNTA SHENOY & CO.versusP. HARI SHARMA

2007 INSC 1110Appeal(s) allowed

The appellant, a commission agent dealing in areca nuts, regularly advanced money to the respondent, a supplier, to ensure a steady supply of nuts, charging interest at 18% per annum. When the respondent failed to repay, the appellant sued for recovery. The respondent contended that the appellant …

BHUDEV SHARMAversusDISTRICT JUDGE, BULANDSHAHR AND ANR.

2007 INSC 1111

The appellant, a blind man, applied for a Class‑III post in the Bulandshahr Judgeship in 1992 but was not selected. He filed a writ petition invoking the Uttar Pradesh Government Order dated 26‑08‑1993, which reserves 2% of posts for physically handicapped persons. The High Court initially ordered …

JASLOK HOSPITAL & RESEARCH CENTREversusUNION OF INDIA AND ORS.

2007 INSC 1108Dismissed

Jaslok Hospital obtained a Customs Duty Exemption Certificate (CDEC) under para 2 of the 1988 Notification for importing equipment. The DGHS cancelled the CDEC on 14 November 2000 for failure to provide the free treatment stipulated in para 2. After three years, the hospital sought re‑categorisation …

VENEET AGRAWALversusUNION OF INDIA AND ORS.

2007 INSC 1112Dismissed

The petitioners challenged the SEBI (Stock Brokers and Sub Brokers) Rules and Regulations, 1992 on the ground that they were not laid before both Houses of Parliament for the full thirty‑day period required by Section 31 of the Securities and Exchange Board of India Act, 1992, because the Houses …

STATE OF PUNJAB AND ORS.versusHARBHAJAN SINGH AND ANR.

2007 INSC 1113Appeal(s) allowed

Harbhajan Singh, a former Indian Army soldier who retired in 1987 and was drawing a defence pension, was re‑employed as a JBT teacher in the Punjab Education Department from 1994 to 2002. He applied for a civil‑service pension, arguing that his army service should be counted towards the ten‑year …

STATE OF HARYANA AND ORS.versusNAVNEET VERMA

2007 INSC 1114Appeal(s) allowed

Navneet Verma was appointed as an Accounts Executive on a temporary post in the Haryana Bureau of Public Enterprises (HBPE) in July 1993. In December 1994 his services were terminated on the ground that the post had been abolished. Verma contended that the abolition was a pretext to remove him due …

PARAMJIT SINGH@ MITHU SINGHversusSTATE OF PUNJAB THROUGH SECRETARY (HOME)

2007 INSC 1115Dismissed

The Supreme Court examined the murder of Harnek Singh by four of his brothers, who attacked him with gandasas and a dang, leading to his death. The appellant, Mithu Singh, challenged his conviction under Section 302 read with Section 34 of the IPC, arguing that his injuries were not fatal, that …

SMT. SEEMAversusASHWANI KUMAR

2007 INSC 1103Directions issued

The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, …

STATE OF U.P. AND ORS.versusM/S. LALTA PRASAD VAISH

2007 INSC 1102Matter referred to larger bench

The State of Uttar Pradesh challenged the levy of a licence fee on denatured spirit, arguing that the Union's Industries (Development and Regulation) Act, 1951 (particularly Section 18‑G) ousted the State's power to legislate under Entry 33 of List III of the Seventh Schedule. The High Court had …

STATE OF PUNJAB AND ORS.versusSURINDER SINGH AND ANR.

2007 INSC 1106Appeal(s) allowed

The State of Punjab appealed against orders of the Trial Court and the Punjab & Haryana High Court that had directed daily‑wage tractor drivers to be placed on the same pay scale as regularly appointed drivers on the basis of equal pay for equal work. The Supreme Court examined whether the principle …

DASHRATH@ CHAMPA AND ORS.versusSTATE OF MADHYA PRADESH

2007 INSC 1099Dismissed

The appellants were convicted for murder under IPC s.304(Part I) read with s.34 based primarily on the deceased's statements recorded in the FIR and under s.161 CrPC, which the trial and High Courts treated as dying declarations under s.32 of the Evidence Act. The Supreme Court examined the …

IQBALversusSTATE OF KERALA

2007 INSC 1100Case Partly allowed

The appellant Iqbal and a co-accused were charged with kidnapping and raping a girl who was under 14 years of age. The trial court convicted both under Sections 366A and 376 of the Indian Penal Code (IPC) read with Section 34, and the High Court affirmed the conviction of Iqbal while acquitting the …

UNION OF INDIAversusB.M. JHA

2007 INSC 1101Appeal(s) allowed

The respondent, an incumbent employee, was granted a retrospective promotion effective 27 August 1984 and claimed arrears of pay and allowances for the period up to 5 February 1992. The Central Administrative Tribunal and the Delhi High Court allowed the claim. The appellant challenged these orders …

NARESH KUMAR YADAVversusRAVINDRA KUMAR AND ORS.

2007 INSC 1097Disposed off

The informant appealed the Patna High Court’s order granting anticipatory bail to three respondents under s.438 of the CrPC. The Supreme Court held that the High Court erred in granting a blanket anticipatory bail without the applicant showing a specific ‘reason to believe’ of arrest based on …

RATNABALI CAPITAL MARKETS LTD.versusSECURITIES & EXCHANGE BOARD OF INDIA AND ORS.

2007 INSC 1098Dismissed

Ratnabali Capital Markets Ltd. (RCML) sought to claim fee‑continuity under a SEBI circular dated 30 September 2002, arguing that its merger with Ratnabali Securities Ltd. (RSL) was compelled by law because SEBI’s Gupta Committee required a net‑worth of Rs 3 crore to trade in derivatives. The merger …

SANJAY BANSAL AND ANR.versusJAWAHARLAL VATS AND ORS.

2007 INSC 1093

The son of the petitioner was injured in a firearm attack and a case was registered under IPC s.307. The investigating officer submitted a final report excluding the accused on the basis of an alibi, prompting the petitioner to file a writ petition under Art.226 seeking a fair investigation. The …

RABINDRA KUMAR SHAW (DEAD) THR. LRS.versusMANICK LAL SHAW

2007 INSC 1094Disposed off

The heirs of the deceased Rabindra Kumar Shaw filed a suit for declaration of title and a permanent injunction, and the trial court granted an interim status‑quo order. The defendant appealed, and the Calcutta High Court, without deciding the merits, dismissed the plaintiff's application for a …

BALAKRUSHNA BEHERA AND ANR.versusSATYPRAKASH DASH

2007 INSC 1095Appeal(s) allowed

A writ petition was filed by Balakrushna Behera seeking a mandamus directing Utkal University of Culture to complete the selection and appoint him as Lecturer in South & South East Asian Studies. The High Court ordered the university to complete the selection and publish the result, which was done, …

BHARAT PETROLEUM CORPORATION LTD.versusTHE GREAT EASTERN SHIPPING CO. LTD.

2007 INSC 1048Dismissed

Bharat Petroleum Corporation Ltd. (appellant) and Great Eastern Shipping Co. Ltd. (respondent) entered into a time charter party on 6 May 1997, which was extended to 31 August 1998. After the extension expired, the parties continued to use the vessel without a new written charter, and the respondent …

STATE OF DELHIversusJITTI

2007 INSC 1049Disposed off

The accused, Jitti, was found in possession of 45 kg of poppy straw powder and was convicted under Section 18 of the NDNDPS Act, 1985, receiving a minimum sentence of ten years rigorous imprisonment. While his appeal was pending, Section 41 of the Act was amended in 2001, redefining the commercial …

KISHAN SINGH AND ANR.versusSTATE OF PUNJAB

2007 INSC 1051Disposed off

Reeta Kumari married Manmohan Singh in February 1999 and was repeatedly harassed by her in‑laws for a scooter and a golden bangle as dowry. She died by consuming aluminium phosphide in June 1999 while pregnant. The trial court convicted the father‑in‑law (Kishan Singh) and mother‑in‑law (Bachni …

GOPALversusSTATE OF MAHARASHTRA

2007 INSC 1052Appeal(s) allowed

Gopal, the husband, assaulted his wife with a wooden log during a quarrel witnessed by their children, causing fatal head injuries. He was initially convicted under Section 302 IPC for murder and sentenced accordingly, a decision upheld by the High Court. Gopal appealed, contending that the killing …

STATE OF HARYANA AND ANR.versusARAVALI KHANIJ UDYOG AND ANR.

2007 INSC 1053Disposed off

The State of Haryana granted a 20‑year mining lease for silica sand to Aravali Khanij Udyog, which expired on 17 February 2000. The respondent claimed that due to departmental delays it was unable to mine for 850 days and sought an extension of the lease, which the State rejected; the Punjab & …

G.K. MOHAN AND ORSversusUNION OF INDIA AND ORS

2007 INSC 1055Dismissed

The appellants, Chargemen Grade II of the Defence Research and Development Organisation, were placed in Grade IV of Category I under Rule 6(4)(a) of the DRDO Technical Cadre Recruitment Rules, 1995 because they lacked the qualifications prescribed in Schedule III. They challenged the rule as …

RAMESH BABURAO DEVASKAR AND ORS.versusSTATE OF MAHARASHTRA

2007 INSC 1056

The case arose from the murder of Shivaji Patil and Baburao Patil in a village where two rival groups were at loggerheads. The FIR was lodged at the spot four days after the incident, and the copy reached the magistrate after an unexplained delay, raising questions about its validity. The trial …

DIMPLE GUPTA (MINOR)versusRAJIV GUPTA

2007 INSC 1057Appeal(s) allowed

Minor Dimple Gupta, through her mother Narain Dassi, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance from Rajiv Gupta, alleging he was her father. The trial magistrate held that she was the illegitimate child of the respondent and ordered maintenance, …

DEVI LALversusSTATE OF RAJASTHAN

2007 INSC 1058Dismissed

Devi Lal and his mother were convicted under Section 304B IPC for the dowry death of Pushpa Devi, whose body was cremated without informing relatives. The prosecution alleged that Pushpa was repeatedly harassed and subjected to cruelty by her husband and in‑laws for not providing sufficient dowry, …

PRAKASH CHANDRA YADAVversusSTATE OF BIHAR AND ORS.

2007 INSC 1059Appeal(s) allowed

On 3 February 1994, the informant Prakash Chandra Yadav and a pillion rider were attacked by the accused who hurled bombs at them and later pursued them with a licensed gun. Although one bomb exploded, the informant sustained no injury. The trial court convicted the accused under Section 307 …

B. SURESH Y ADA VversusSHARIF BEE AND ANR.

2007 INSC 1060Appeal(s) allowed

The appellant, B. Suresh Yadav, sold a parcel of land to the respondents, Sharifa Bee and Anr, and executed the sale deed on 30 September 2005. On 29 September 2005, two rooms on the land were demolished, leading to a civil suit to determine whether the demolished portion formed part of the sale. …

RAJINDER SINGH KATOCHversusCHANDIGARH ADMINISTRATION & ORS.

2007 INSC 1061

The appellant, a co‑sharer of a joint family property, alleged that his brother (respondent No.4) unlawfully restrained him from occupying the first floor of the house and complained to the police, but no FIR was registered. He filed an application under Section 482 of the CrPC before the High Court …

STATE OF RAJASTHANversusAJIT SINGH AND ORS.

2007 INSC 1062Dismissed

The State of Rajasthan charged Ajit Singh and 18 others under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for allegedly smuggling arms from Pakistan to Punjab for terrorist purposes. Seven of the accused made confessions before a Superintendent of Police under Section 15 of …

ALL CARGO MOVERS (I) PVT. LTD. & ORS.versusDHANESH BADARMAL JAIN AND ANR.

2007 INSC 1063Appeal(s) allowed

All Cargo Movers (I) Pvt. Ltd. and related companies entered into a contract of carriage to deliver consignments to Kenya. The goods were allegedly delivered without the original Bills of Lading, leading the consignee to claim breach of contract and file a civil suit in the Bombay High Court. More …

STATE OF RAJASTHANversusMUNSHI

2007 INSC 1064Appeal(s) allowed

The State of Rajasthan charged Munshi with rape of a minor girl, Rajkumari, on 18 September 1994. The victim reported the incident immediately, and a medical examination revealed fresh injuries, a ruptured hymen and blood oozing from the vagina; a torn piece of her underwear was recovered from the …

JOHN K. JOHNversusTOM VARGHESE AND ANR.

2007 INSC 1065Dismissed

John K. John filed criminal complaints under Section 138 of the Negotiable Instruments Act alleging that Tom Vargheese issued two cheques which were dishonoured for insufficient funds. The trial court and the appellate court held that the respondent was guilty, but the Kerala High Court, on …

SARVESH NARAIN SHUKLAversusDAROGA SINGH & ORS.

2007 INSC 1066Dismissed

The case concerned a triple murder that occurred on 4 April 1999, where three persons were shot dead from a car that had allegedly collided with a bus. The prosecution relied on the testimony of two eye‑witnesses (PW‑1 and PW‑5), who were described as chance witnesses, and on medical and forensic …

ARJUN SINGH RATHORE AND ORS.versusB.N. CHATURVEDI AND ORS.

2007 INSC 1067Appeal(s) allowed

Fifteen officers of a Regional Rural Bank were eligible for promotion under the 1988 Rules when the vacancies arose. While the promotions were pending, the 1998 Rules superseded the 1988 Rules. The bank, relying on a Supreme Court decision in State of Rajasthan v. R. Dayal, issued a circular …

PARAYYA ALLAYYA HITTALAMANIversusSRI PARAYYA GURULINGAYYA POOJARI AND ORS.

2007 INSC 1068Appeal(s) allowed

The hereditary priests of a Karnataka temple entered into a consent decree in the 1950s to settle their inheritance dispute over temple offerings. A later civil suit sought a share of perishable and non‑perishable offerings, and the trial court and first appellate court upheld the plaintiffs' claim …

M/S. UNITED INDIA INSURANCE CO. LTD.versusDAVINDER SINGH

2007 INSC 1069Appeal(s) allowed

The owner of a motor vehicle insured with United India Insurance Co. Ltd. suffered an accident while the vehicle was being driven by a driver whose licence was later found to be forged. The owner filed a complaint under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service …

NIYAMAT ALI MOLLAversusSONARGON HOUSING CO-OPERATIVE SOCIETY LTD. & ORS.

2007 INSC 1070Dismissed

The respondent (Sonargon Housing Co‑operative Society Ltd.) obtained a decree for declaration and possession of a property, which was affirmed by the High Court and the Supreme Court. The respondent later applied to amend the plaint and the decree to correct blanks and misdescriptions in the …

SHIVA ANANDversusINDIAN AIRLINES LTD. & ORS.

2007 INSC 1071Disposed off

Shiva Anand, a master technician with Indian Airlines for 27 years, produced a forged employer's certificate to obtain an Australian visa. Disciplinary proceedings led to a charge-sheet, an enquiry report recommending dismissal, and a final dismissal order, which he appealed. The Single Judge of the …

KANWARJIT SINGH DHILLONversusHARDYAL SINGH DHILLON AND ORS.

2007 INSC 1072Appeal(s) allowed

The appellant, Kanwarjit Singh Dhillon, filed a civil suit seeking a declaration that certain immovable and movable properties left by his father, the late S. Kirpal Singh, were joint Hindu family assets and an injunction restraining the respondent from alienating them. The respondent had obtained …

SHRIDEVI AND ANR.versusMURALIDHAR AND ANR.

2007 INSC 1073Dismissed

The dispute concerned whether Site Nos. 432 and 433 in Survey No. 15/1 were acquired by the Government under the Bangalore Development Authority Act and, consequently, whether an injunction could be granted to restrain construction. The trial court rejected the injunction without examining if the …

THE EMPIRE JUTE CO. LTD. & ORS.versusTHE JUTE CORPORATION OF INDIA LTD. AND ANR.

2007 INSC 1074Case Partly allowed

The Empire Jute Co. Ltd. entered into a sale contract for raw jute with the Jute Corporation of India, which was subject to a Production Control Order compelling the mill to purchase jute at a fixed price. The appellant alleged the supplied jute was of inferior quality, refused to purchase, and …

SAVITHRI AND ORS.versusKARTHYAYANI AMMA AND ORS.

2007 INSC 1075Dismissed

Sankaran Nair executed a registered Will on 7 August 1971 bequeathing his property to his sister Nanikutty Amma's children and their descendants, while leaving a modest sum to his son Madhavan Nair. The son challenged the Will, alleging suspicious circumstances such as the testator's ill health, the …

M/S. PARAS SHIP BREAKERS LTD.versusCOMMISSIONER OF CENTRAL EXCISE

2007 INSC 1076

Paras Ship Breakers Ltd installed an 8‑metric‑tonne induction furnace but, due to insufficient power supply from the Gujarat State Electricity Board, claimed it had reduced the furnace capacity to 4.5 MT and sought a lower deemed annual production under Section 3A of the Central Excise Act. The …

SWAPAN KUMAR PALversusACHINTYA KUMAR NAYAK AND ORS.

2007 INSC 1077Dismissed

The case concerned the grant of a Modified Rationing (MR) dealership in West Bengal. Both Swapan Kumar Pal (appellant) and Achintya Kumar Nayak (first respondent) applied, and the Sub‑Divisional Controller, after applying criteria of financial solvency, possession of a godown and trade proficiency, …

MAHABIR SINGHversusSUBHASH AND ORS.

2007 INSC 1078

Mahabir Singh filed a suit in 1985 and, after serving summons, obtained an ex‑parte decree against Subhash on 19‑Feb‑1986 when the defendant failed to appear. Subhash sought to set aside the decree under Order IX Rule 13 of the CPC on 7‑Feb‑1997, claiming improper service of summons. The trial court …

M.D., U.P. STATE AGRO-INDUSTRIAL CORPN. LTD.versusMAHENDRA KUMAR MISHRA AND ORS.

2007 INSC 1079Appeal(s) allowed

The appellant, M.D., U.P. State Agro‑Industrial Corp. Ltd., appealed against the Allahabad High Court’s order that reinstated the respondent, Mahendra Kumar Mishra, after his dismissal from service. The High Court had set aside the dismissal order dated 11‑12‑2000 and directed reinstatement with all …

BASANTI DEVIversusRAVIPRAKASH RAMPRASAD JAISWAL

2007 INSC 1080Appeal(s) allowed

A Hindu widow executed a will in favour of the respondent. After her death, the respondent obtained a grant of probate from the High Court, but failed to disclose that the testator owned property in Uttar Pradesh and did not publish citations there as required by Section 283(3) of the Indian …

R. RADHAKRISHNANversusTHE DIRECTOR GENERAL OF POLICE AND ORS.

2007 INSC 1081

R. Radhakrishnan applied for the post of Fireman and, after provisional selection, submitted a verification roll stating he had never been involved in any criminal case. In fact, he had been arrested under Section 294(b) of the Indian Penal Code for an incident on 15 April 2000, though he was later …

PURNENDU MUKHOPADHYAY AND ORS.versusV.K. KAPOOR AND ANR.

2007 INSC 1082Appeal(s) allowed

The appellants, originally appointed as Supervisor Grade‑A, were promised a second examination to be graded as Chargeman Grade‑II under a 1967 scheme, but the examination was never held and a "pick‑and‑choose" policy was adopted. The Central Administrative Tribunal (CAT) ordered that the appellants …

DEVINDER SINGH AND ORSversusSTATE OF PUNJAB AND ORS

2007 INSC 1083Appeal(s) allowed

The appellants, owners of agricultural land in Hoshiarpur, Punjab, challenged the State's acquisition of their land for a project of International Tractors Ltd. The State issued a notification under Section 4 and a declaration under Section 6 of the Land Acquisition Act, 1894, entered into an …

MARRIPATI NAGARAJA AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.

2007 INSC 1084Disposed off

The appellants applied for the post of Assistant Director of Agriculture under a 1992 APSC notification that did not specify any reservation for women. While the selection process was pending, the Andhra Pradesh Government issued a order on 6 October 1995 granting 30% reservation for women in direct …

ANNAKILIversusA. VEDANA YAGAM AND ORS.

2007 INSC 1085Dismissed

The respondents bought land from the Corporation of Madras, which was later mistakenly transferred to the Tamil Nadu Slum Clearance Board and allotted to the appellant under a slum‑clearance scheme. The respondents obtained a writ directing the denotification of the area as a slum, but the High …

NATIONAL INSURANCE CO. LTD.versusCHOLLETI BHARATAMMA AND ORS.

2007 INSC 1086Disposed off

The case concerned several accidents in which passengers, often paying a nominal fare, were travelling in lorries classified as goods carriages. Claimants sought compensation from the insurers of the vehicle owners under Section 147 of the Motor Vehicles Act, 1988, arguing that the insurers were …

S.P. INDUversusTHE GENERAL MANAGER, METRO RAILWAY AND ANR.

2007 INSC 1087Dismissed

The case concerned the seniority and eligibility for promotion to Assistant Law Officer in the Calcutta Metro Railway. The appellant, S.P. Indu, had been on deputation from South Eastern Railway and was placed in the Rs 2000‑3200 pay scale but had never passed the departmental examination and did …

COMMR. OF CUSTOMS, BANGALOREversusM/S. ACER INDIA PVT. LTD.

2007 INSC 1088Dismissed

The Customs, Bangalore appealed against the CESTAT order that had allowed an additional duty of 7% on notebook (laptop) computers imported by M/s. Acer India Ltd. The central issue was whether a laptop qualifies as a "CPU with monitor, mouse and keyboard imported together as a set" under S.No.2 of …

STATE THROUGH SPE & CBI, APversusM. KRISHNA MOHAN AND ANR.

2007 INSC 1089Appeal(s) allowed

The State, represented by the Special Police Establishment and the CBI, appealed against the High Court's acquittal of a bank manager (M. Krishna Mohan) and a field officer for forging loan documents, forging thumb impressions and misappropriating loan proceeds. The trial court had convicted both, …

UNION OF INDIA AND ORS.versusHIRANMOY SEN AND ORS.

2007 INSC 1090Appeal(s) allowed

Senior Auditors in the offices of the Accountant General, Assam and Meghalaya sought pay‑scale parity with Assistants in the Central Secretariat. The Central Administrative Tribunal and the Gauhati High Court had granted the claim, but the Union of India appealed. The Supreme Court examined whether …

R.S. JAYAKUMAR AND ORS.versusSTATE OF KERALA AND ORS.

2007 INSC 1092Appeal(s) allowed

The case concerned the promotion of Deputy Rangers/Foresters to Rangers in the Kerala Forest Subordinate Service, which required candidates to undergo Rangers training selected by the Kerala Public Service Commission (KPSC). The appellants, who were approved probationers, alleged that the KPSC had …

M/S. MERCANTILE COMPANYversusCOMMNR. OF CENTRAL EXCISE, CALCUTTA

2007 INSC 1036Dismissed

Mis. Mercantile Company received raw chemicals from Mis. T. Paul & Sons, supplied by Mis. Philips India Ltd., and carried out filtering, repacking into 50 ml containers, labeling and marketing them as distinct cleaning products. The Central Excise authorities classified these goods under sub‑heading …

BCPP MAZDOOR SANGH AND ANR.versusN.T.P.C. AND ORS.

2007 INSC 1037Appeal(s) allowed

The case concerned the transfer of 236 non‑executive employees recruited by NTPC for the BALCO Captive Power Plant (BCPP) to BALCO after BALCO was disinvested and became a private concern. The employees argued that they were appointed by NTPC, not BALCO, and that the 1990 NTPC‑BALCO agreement and …

JASWANTSINGH PRATAPSINGH JADEJAversusRAJKOT MUNICIPAL CORPORATION AND ANR.

2007 INSC 1039Appeal(s) allowed

Jaswantsingh Pratapsingh Jadeja was appointed as a Vigilance Officer of the Rajkot Municipal Corporation on a temporary basis with a six‑month probation under the Bombay Provincial Municipal Corporation Act, 1949. His probation was repeatedly extended beyond the statutory limit, and after a period …

ADMINISTRATOR TRUST OF INDIAversusB.M. MALANI AND ORS.

2007 INSC 1040Disposed off

B.M. Malani invested Rs 65 lakhs in a Unit Trust of India (UTI) monthly‑income scheme in 1998, seeking exemption under Sec. 54AE. The scheme stipulated a five‑year lock‑in and that units could be redeemed only at face value (Rs 10) after the lock‑in, with repurchase option exercisable by the …

STATE OF PUNJAB AND ORS.versusBHATINDA DISTRICT COOP. MILK P. UNION LTD.

2007 INSC 1042

The State of Punjab issued a show‑cause notice on 4 September 2006 under section 21(1) of the Punjab Cooperative Societies Act, 1948 to revise an assessment order dated 20 March 2001, more than five years after the assessment was completed. The respondent, Bhatinda District Cooperative Milk …

MOHANNAKUMARAN NAIRversusVIJAYAKUMARAN NAIR

2007 INSC 1043Appeal(s) allowed

The appellant borrowed Rs 6,02,000 from the respondent in Saudi Arabia and executed a promissory note there. The respondent filed a suit for recovery in the Subordinate Court at Attingal, Kerala. The appellant contended that the court lacked territorial jurisdiction under Section 20 of the CPC …

C.NATRAJANversusASHIM BAI AND ANR.

2007 INSC 1044Appeal(s) allowed

The appellant filed a suit in 2001 seeking declaration of title, an injunction and, alternatively, recovery of possession of a property, alleging that the cause of action arose in 1994. The respondents moved an application under Order 7 Rule 11(d) of the CPC to reject the plaint on the ground that …

G.M. TANDA THERMAL POWER PROJECTversusJAI PRAKASH SRIVASTAVA AND ANR.

2007 INSC 1045Appeal(s) allowed

The State of Uttar Pradesh acquired land for G.M. Tanda Thermal Power Project and the Special Land Acquisition Officer (SLAO) engaged daily‑wage workers, including Jai Prakash Srivastava, to handle the acquisition cases. Although the appellant (the power project company) funded the wages, the …

SURESH JINDALversusBSES RAJDHANI POWER LIMITED AND ORS.

2007 INSC 1046Dismissed

The consumer, Suresh Jindal, challenged the replacement of his electromechanical electricity meter with an electronic one by BSES Rajdhani Power Ltd, alleging the new meter ran fast (+1.79%) and was illegal. He sought a writ of mandamus to quash the replacement and the testing report. The Delhi High …

ATTAR SINGH KAUSHIKversusSECRETARY, COMMR. TRANSPORT DEPARTMENT AND ANR.

2007 INSC 1047Appeal(s) allowed

The appellant Attar Singh Kaushik and respondent Vishveshwar Dayal Sharma were both Assistant Sub‑Inspectors of Police who were deputed to the Vigilance Department of the Delhi Transport Authority and later absorbed permanently. A dispute arose over their inter‑se seniority after absorption, with …

K. PRAKASHANversusP.K. SURENDERAN

2007 INSC 1029Appeal(s) allowed

The respondent advanced a total of Rs. 3,16,000 to the appellant, who later issued a cheque that was dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The trial court acquitted the appellant, holding that he had discharged the burden of proof on a …

KISHAN CHAND AND ORS.versusSTATE OF U.P.

2007 INSC 1030Dismissed

The case arose from a dispute over a plot of land allotted to Phool Chand, who attempted to raise construction despite an undertaking not to do so. Villagers gathered to oppose the construction; the accused, armed with guns and lathis, proceeded anyway and, after verbal abuse, opened fire, killing …

TRIVEDI HIMANSHU GHANSHYAMBHAIversusAHMEDABAD MUNICIPAL CORPORATION AND ORS.

2007 INSC 1031Appeal(s) allowed

The appellant, an X‑ray technician employed by Ahmedabad Municipal Corporation since 1988, also performed clerical and administrative duties. He applied for the post of Assistant Manager, which required ten years of administrative experience, and his application was endorsed by the Medical Officer …

M.C.MEHTAversusUNION OF INDIA AND ORS.

2007 INSC 1028Dismissed

The Supreme Court entertained a public‑interest writ petition filed by environmental lawyer M.C. Mehta concerning the Taj Heritage Corridor project, where the CBI had investigated alleged irregularities involving the then Chief Minister of Uttar Pradesh, Mayawati, and Minister Naseemuddin Siddiqui. …

MARUTI UDYOG LIMITEDversusMAHINDER C. MEHTA AND ORS.

2007 INSC 1032Appeal(s) allowed

Maruti Udyog Ltd. sued the directors of Mahalaxmi Motors Ltd. for failing to pay advances obtained from customers. The dispute was referred to arbitration by the Supreme Court, which ordered the respondents to furnish a bank guarantee of Rs 7.63 crore. The respondents neither provided the guarantee …

STATE OF M.P. AND ORS.versusSANJA Y KUMAR PATHAK AND ORS.

2007 INSC 1033Appeal(s) allowed

The State of Madhya Pradesh sought to recruit Assistant Teachers under the Operation Black Board project, amending Rule 10(3) of the 1973 recruitment rules to expedite selection. After interviews in Damoh district, an Administrative Tribunal stayed appointments and later declared the amendment …

M/S MAHALAXMI MOTORS LTD.versusMANDAL REVENUE OFFICER AND ORS.

2007 INSC 1034Dismissed

Mis Mahalaxmi Motors Ltd. purchased land that had vested in the State of Andhra Pradesh after the 1955 Abolition of Inams Act and constructed a workshop, but the High Court held the land belonged to the State and dismissed its writ petitions. The State, through the Mandal Revenue Officer, initiated …

STATE OF MAHARASHTRA AND ANR.versusMOHD. SAJID HUSAIN MOHD. S. HUSAIN ETC.

2007 INSC 1035Appeal(s) allowed

The State of Maharashtra filed a criminal appeal against the Bombay High Court's order granting anticipatory bail to eight accused—including police officers, politicians and a businessman—who were alleged to have raped a girl who was a minor at the time of the offence. The girl, identified as Puja, …

N.R. CONSTRUCTIONS PVT. LTD.versusSRI RAM BADAN SINGH AND ORS.

2007 INSC 1017Dismissed

The appellant, a partner in a construction firm, entered into arbitration with the respondents over a partnership dispute, resulting in two awards dated 19 April 1997 and 25 November 2000. The appellant sought adjustment of the cross‑award under Order XXI Rules 18 and 19 of the CPC, arguing that the …

BISHAN SINGH AND ANR.versusTI-IE STATE

2007 INSC 1018Case Partly allowed

The appellants, including Bishan Singh and Govind Ballabh, attacked complainant Harish Bhatt on 30 September 1984, assaulting him with lathis, causing seven injuries (one grievous fracture of the wrist) and extorting Rs 400. The trial court convicted them under Sections 147 and 308/149 of the Indian …

MOHTESHAM MOHD. ISMAILversusSPL. DIRECTOR, ENFORCEMENT DIRECTORATE AND ANR.

2007 INSC 1019Appeal(s) allowed

The appellant, Mohtesham Mohd. Ismail, was served with a show‑cause notice under the Foreign Exchange Regulation Act, 1973 (FERA) for allegedly remitting funds from the UAE through unauthorized persons and was penalised by the Special Director of Enforcement under section 9(3). He appealed to the …

MANILAL HIRAMAN CHAUDHARIversusSTATE OF MAHARASHTRA

2007 INSC 1020Dismissed

The appellant, Manilal Hiraman Chaudhari, was convicted along with co‑accused for the murder of Bhaulal Jadhav, who had earlier been involved in the killing of the appellant's father. The prosecution relied on eye‑witness testimony of PW‑4, PW‑5 and PW‑6, as well as the testimony of PW‑2 …

SUNIL GUPTAversusKIRAN GIRHOTRA AND ORS.

2007 INSC 1021Dismissed

The Supreme Court considered an appeal by Sunil Gupta, successor of a purchaser of property belonging to the deceased Har Bhagwan, who sought to be impleaded in probate proceedings concerning a will dated 09‑09‑1997. The petitioners (the daughters of the deceased) had applied for probate, while the …

GURDEV RAJversusTHE STATE OF PUNJAB

2007 INSC 1022Case Partly allowed

Gurdev Raj was accused of striking his mother‑in‑law with an iron rod, causing her death. The victim's daughter‑in‑law (the accused's wife) and sister‑in‑law testified that a quarrel erupted and the accused inflicted the fatal blows. The FIR was lodged the next morning, and the trial court convicted …

INDER MOHAN GOSWAMI AND ANR.versusSTATE OF UTTARANCHAL AND ORS.

2007 INSC 1016Disposed off

The Sanatan Dharma Pratinidhi Sabha cancelled a General Power of Attorney and sold a portion of its land after the contractor, Himmat Rai Ahuja, allegedly failed to pay the balance price. The contractor filed a criminal complaint alleging cheating, forgery and criminal conspiracy under Sections 420, …

T. VIJENDRADAS AND ANR.versusM. SUBRAMANIAN AND ORS.

2007 INSC 1023Disposed off

The vendor (RV) sold a municipal property to Sakunthala without notifying the Coimbatore Municipality, which continued to claim property tax arrears. The Municipality sued RV, obtained a decree, and the property was later auctioned; RV's wife bought it and subsequently sold it to a third party, who …

ACCOUNTS OFFICER, JHARKHAND STATE ELECTRICITY BOARD AND ANR.versusANWAR ALI

2007 INSC 1024Case Partly allowed

Anwar Ali filed a complaint before the District Consumer Forum alleging that his electricity supply was disconnected without prior notice. The Forum awarded him Rs 50,000 compensation with interest, an order upheld by the State Consumer Disputes Redressal Commission and the National Consumer …

M/S VISHAL PROPERTIES PVT. LTD.versusSTATE OF U.P. AND ORS.

2007 INSC 1025Dismissed

The New Okhla Industrial Development Authority (NOIDA) issued a notice under Section 10(1) of the U.P. Industrial Development Act, 1976 to Mis Vishal Properties alleging unauthorized construction and improper use of the ground floor of its plot. The appellant sought a change of user for the ground …

STATE ELECTRICITY BOARDversusPOORAN CHANDRA PANDEY AND ORS.

2007 INSC 1026Dismissed

The petitioners were 34 daily‑wage employees of the Cooperative Electric Supply Society who were taken over by the U.P. State Electricity Board on 3 April 1997. They had been appointed before 4 May 1990, the cut‑off date for a Board decision dated 28 November 1996 that sought to regularise all …

THE GOVERNMENT OF A.P. AND ORS.versusMOHD. TAHER ALI

2007 INSC 1027Appeal(s) allowed

Mohd. Taherali, a police constable, failed to report for election bandobust duty on 2 September 1999 and was charged with desertion. He had earlier been found guilty of desertion on two occasions and offered no defence. The Superintendent of Police imposed compulsory retirement, which the …

SHANTI LALversusSTATE OF M.P.

2007 INSC 1013Disposed off

Shanti Lal was caught carrying 7 kg 60 g of contraband opium and was convicted under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.1 lakh, with an additional three years' imprisonment …

MAYAKAUR BALDEVSINGH SARDAR AND ANR.versusTHE STATE OF MAHARASHTRA

2007 INSC 1014Appeal(s) allowed

The case involved the murder of four members of a matrimonial family and the attempted murder of the sole eye‑witness, Rajvinder Kaur, who had secretly married a man of a lower caste. The prosecution relied on her testimony, which was given only after eight days due to trauma, and on the recovery of …

HARIOM AGRAWALversusPRAKASH CHAND MAL VIYA

2007 INSC 1012Dismissed

The appellant Hariom Agrawal sought to admit a photocopy of a tenancy agreement as secondary evidence after the original was allegedly stolen. The agreement, required to bear a Re.1 stamp, instead had a notarial stamp of Rs.4, i.e., a stamp of sufficient amount but improper description. The trial …

SWAPAN DHAR AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2007 INSC 1015Dismissed

The appellants, temporary pump operators transferred to the Calcutta Municipal Corporation, claimed they should be appointed as Fitter Drivers rather than the lower post of Turn Cock. A Single Judge of the Calcutta High Court, in a writ order dated 8 January 1992, directed that they be treated as …

SITA RAM AND ORS.versusRADHEY SHY AM

2007 INSC 1004Dismissed

The appellants filed a suit for specific performance of a land sale contract, which the trial court decreed in their favour. The first appellate court set aside the decree, holding that the plaint did not comply with Section 16(c) of the Specific Relief Act, 1963, and the High Court dismissed the …

CCE, LUCKNOWversusM/S. WIMCO LTD.

2007 INSC 1005Appeal(s) allowed

M/s Wimco Ltd., a manufacturer of printed paper board boxes, sold waste/scrap/parings generated during production without filing a classification list under Rule 173B or issuing invoices under Rule 52A. The Revenue issued a show‑cause notice and demanded excise duty of Rs 23.20 million with an equal …

U.P. ROLLER FLOUR MILLS ASSOCIATION AND ORS.versusGOVT. OF INDIA AND ORS.

2007 INSC 1006Disposed off

The U.P. Roller Flour Mills Association filed a writ petition under Article 32 alleging that subsidised wheat stocks meant for the Public Distribution System (PDS) were being diverted by the states of West Bengal, Assam and other North‑East states to rolling flour mills, causing loss to the …

BUREAU OF INDIAN STANDARDSversusS.K. KANOJIA

2007 INSC 1007Appeal(s) allowed

The respondents, scientific officers of the Bureau of Indian Standards (BIS), claimed that they were entitled to promotion to Scientist‑D in 1999 after completing five years in the lower grade under the Flexible Complementing Scheme (FCS). BIS argued that the FCS had been amended by a 1998 …

CARONA LTD.versusM/S PARATHY SWAMINATHAN & SONS

2007 INSC 1008Dismissed

Carona Ltd., a public limited company with paid‑up share capital exceeding Rs. 1 crore, was let a premises by a partnership landlord. After defaulting on rent, the landlord gave notice terminating the tenancy on 31 March 2001 and filed an eviction suit. While the suit was pending, the tenant passed …

U.P. CO-OP. SPG. MILLS FEDERATION LIMITED AND ANRversusRAM PRATAP YADAV AND ORS.

2007 INSC 1009Appeal(s) allowed

The appellant, U.P. Co‑op. Spinning Mills Federation Ltd., had dismissed its Secretary/General Manager, Ram Pratap Yadav, for serious financial irregularities. Yadav challenged the dismissal, arguing that under Regulation 87 of the Uttar Pradesh Co‑operative Societies Employees Service Regulations, …

PRABIR BANERJEEversusUNION OF INDIA AND ORS

2007 INSC 1010Dismissed

Prabir Banerjee, a Group‑B Superintendent in the Central Excise Department, was transferred from the Bhopal zone to the Nagpur Commissionerate under an office order. He challenged the transfer, arguing that circulars dated 19 Feb 2004 and 9 Mar 2004 prohibited inter‑zonal transfers, making the order …

CITIBANK, N.AversusTLC MARKETING PLC AND ANR.

2007 INSC 1011Disposed off

Citibank entered into a tripartite agreement with TLC Marketing PLC (UK) and Wunderman India Pvt Ltd (WIPL) to run a "Fly for Sure" scheme offering free return flight vouchers to its credit‑card customers. After numerous complaints that TLC and WIPL failed to honour the vouchers, Citibank terminated …

STATE OF GUJARATversusTURABALI GULAMHUSSAIN HIRANI AND ANR.

2007 INSC 1001Appeal(s) allowed

The State of Gujarat appealed a Gujarat High Court order that summoned the Chief Secretary and Law Secretary to appear personally because the State’s appeal was filed 25 days late, citing staff shortages in the Public Prosecutor’s office. The Supreme Court held that the High Court was unjustified in …

HASTHIMAL AND SONS AND ORS.versusP. TEJ RAJ SHARMA

2007 INSC 1002Appeal(s) allowed

The suit involved a property mortgaged to the defendant under a deed dated 19‑03‑1980, which expressly provided that on redemption the mortgagee would revert to being the lessee of the mortgagor. A subsequent partial‑release deed dated 21‑09‑1981 gave the mortgagee a right of first option to …

BANK OF RAJASTHANversusKESHAV BANGUR AND ANR.

2007 INSC 999Disposed off

The Bank of Rajasthan alleged that the Bangur group siphoned its funds, prompting a CBI inquiry and the registration of sixteen FIRs. Concurrently, the Alipore Police registered FIR No.138/2001 against the Bangurs, which was later closed because the investigation was transferred to the CBI. The …

RAM PRAKASH GUPTAversusRAJIV KUMAR GUPTA AND ORS.

2007 INSC 1000Appeal(s) allowed

Ram Prakash Gupta, a handicapped plaintiff, filed a suit in 1990 seeking declaration of ownership of his house and nullity of two decrees obtained fraudulently by his brothers' sons in 1976. He discovered the fraudulent decree only in 1986 when an interpleader suit disclosed it. After 15 years of …

MOTI LAL AND ANR.versusSTATE OF M.P.

2007 INSC 998Dismissed

The case involved a violent dispute between neighbouring families that escalated into a gruesome attack where the appellants, Motilal and Santosh Kumar, assaulted and killed three persons, dragged a fourth, poured kerosene on her and set her on fire, and also assaulted others who tried to intervene. …

SURESH SINGH AND ANR.versusSTATE OF HARYANA

2007 INSC 997Disposed off

Six accused were tried for the murder of Sajjan Singh and injuries to two other persons. The trial court convicted all under Section 302 read with Section 149 IPC and sentenced them to life imprisonment along with other terms. The High Court altered the murder conviction to Section 304 Part II and, …

K.RADHAIversusC.B.I., COCHIN UNIT

2007 INSC 983

The appellant, a clerk in Syndicate Bank, was found to have opened a false bank account and fraudulently withdrawn Rs.42,000. She was charged under IPC sections 465, 468, 471, 420 and under the Prevention of Corruption Act, 1988 (s.13(1)(d) read with s.13(2)). The trial court convicted her and …

GURIYA@TABASSUM TAUQUIR AND ORS.versusSTATE OF BIHAR AND ANR.

2007 INSC 984Appeal(s) allowed

The case arose from an FIR in which three persons were arraigned as accused, while the appellants were not. Witnesses 1‑3 only testified to the appellants' presence, without attributing any specific role, and after the prosecution evidence was closed, two additional witnesses (4 and 5) were examined …

BHAGWAN BAHADUREversusSTATE OF MAHARASHTRA

2007 INSC 985Case Partly allowed

The appellant Bhagwan Bahadure was convicted by the trial court and the Bombay High Court for murder (s.302 IPC) after allegedly striking the deceased Kachrabai on the head with a stick, causing injuries that led to her death. The appellant challenged the conviction on two grounds: that the key …

STATE OF PUNJABversusMOHINDER SINGH AND ORS.

2007 INSC 986Appeal(s) allowed

The State of Punjab prosecuted Mohinder Singh and others for the murder of Dalip Singh, alleging they used sharp weapons during a land dispute. The trial court convicted one accused under Section 302 IPC and the others under Section 302 read with Section 34, rejecting the defence that the FIR was …

K. SUBBA REDDYversusSTATE OF ANDHRA PRADESH

2007 INSC 987Appeal(s) allowed

The case involved an Excise Sub‑Inspector (A‑1) who demanded a bribe from shop owner K. Subba Reddy (PW‑1) to release sealed stock and a stock register. PW‑1 paid the demanded amount to a Home Guard (A‑2), who kept the money in his pocket and was later found with the cash, which tested positive for …

KARAN SINGHversusM/S EXECUTIVE ENGINEER HARYANA STATE MARKETING BOARD

2007 INSC 988Appeal(s) allowed

Karan Singh, a former DPL of the Haryana State Marketing Board, was terminated in October 1994 without due process, allegedly violating Section 25F of the Industrial Disputes Act, 1947. He filed a claim six years later, in 2000, seeking reinstatement and back wages. The State Government referred the …

ICI INDIA LTD. AND ANR.versusSTATE OF ORISSA AND ORS.

2007 INSC 989

ICI India Ltd purchased ammonium nitrate liquor for making "Bulk Premix" at its Rourkela plant and declared in Form IV to obtain a concessional tax rate of 4% under the Orissa Sales Tax Act, 1947. The bulk premix, an intermediate product, was not sold but transferred to the company's other units in …

MORADABAD DEVELOPMENT AUTHORITYversusSAURABH JAIN AND ORS.

2007 INSC 990Disposed off

The Moradabad Development Authority (MDA) appealed a High Court order that directed it to return surplus land to respondents Saurabh Jain and others and to pay compensation. The land had been declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 in 1977, but a 1998 revision by the …

U.B. GADHE AND ORS. ETC. ETCversusG.M. GUJARAT AMBUJA CEMENT PVT. LTD.

2007 INSC 991Disposed off

The employer, a public utility, dismissed eight workmen after they participated in a five‑month illegal strike. The Labour Court held the strike unlawful, set aside the dismissals and ordered reinstatement without back wages. The Gujarat High Court reversed that award, holding that once the …

RAM AVTAR PATWARI AND ORS.versusSTATE OF HARYANAAND ORS.

2007 INSC 993Disposed off

The Subordinate Services Board advertised 1,248 Patwari posts but selected 2,395 candidates, allocating 25% of marks to interview performance and 10 marks to handwriting, allegedly exceeding the limits set in Satpal Singh's case. Petitioners challenged the selection on grounds of undue weightage to …

LAGAN JUTE MACHINERIES COMP ANY LIMITEDversusCANDLEWOOD HOLDINGS LTD. AND ORS.

2007 INSC 994Dismissed

Lagan Jute Machineries Co. Ltd. (appellant) was the lessee of premises owned by Candlewood Holdings Ltd. (respondent). After the lease expired, an eviction suit led to a consent decree in which the lessee undertook to pay the municipal commercial surcharge on consolidated rates as determined by the …

KHURSHEED AND ANR.versusSTATE OF U.P. AND ANR.

2007 INSC 995Appeal(s) allowed

The accused were convicted under Sections 325 and 323 of the IPC, each read with Section 34, for assaulting the complainant and his wife. Subsequently, the parties reached an amicable settlement and filed a deed of compromise seeking compounding of the offences. The appellants contended that both …

AMARSINGH MUNNASINGH SURYAWANSHIversusSTATE OF MAHARASHTRA

2007 INSC 982Dismissed

The appellant, Amarsingh MunnaSingh Suryawanshi, was convicted under Section 302 IPC for allegedly pouring kerosene on his wife and setting her ablaze. The prosecution’s case rested solely on two dying declarations recorded by a head constable and a special judicial magistrate, both of which were …

COMMISSIONER OF CUSTOMS, NEW DELHIversusC-NET COMMUNICATION (L) PVT. LTD.

2007 INSC 977Dismissed

The case concerned the customs tariff classification of a signal decoder used by a cable operator to decode satellite signals received via a dish antenna. The Revenue (Commissioner of Customs) argued that the decoder should be classified under Entry 8528 of the Customs Tariff Act, 1975 as a …

NALLAPATI SIVAIAHversusSUB-DIVISIONAL OFFICER, GUNTUR, A.P.

2007 INSC 978Appeal(s) allowed

The appellant Nallapati Sivaiah was convicted of murder under s.302 IPC based solely on two dying declarations recorded by a police inspector and a magistrate after the victim sustained 63 injuries. The trial and High Courts upheld the conviction, but the Supreme Court examined the credibility of …

MORGINA BEGUMversusMANAGING DIRECTOR, HANUMAN PLANTATION LTD.

2007 INSC 979Appeal(s) allowed

The deceased employee of Hanuman Plantation Ltd. died in an accident at Nagaon. His parents, who had moved to Tezpur after his death, filed a compensation claim under the Workmen's Compensation Act before the Commissioner, Tezpur, which awarded Rs. 2.70 lakh. The company appealed, arguing that the …

SAYED ABUL ALAversusUNION OF INDIA AND ORS.

2007 INSC 980Appeal(s) allowed

The appellant, Sayed Abul Ala, was arrested for possession of large quantities of heroin and other narcotics and was remanded to judicial custody. While still in custody, he was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on the ground …

K.R. MOHAN REDDYversusM/S NET WORK INC. REP. TR. M.D.

2007 INSC 981Disposed off

The respondent firm sued the appellant for recovery of a dishonoured cheque issued after the appellant retired from a partnership. The trial court dismissed the suit without specifically addressing the appellant's claim of fraud and forgery. On appeal, the respondent filed an application under Order …

V ALSALA KUMARI DEVI M.versusDIRECTOR, HIGHER SECONDARY EDUCATION AND ORS.,.

2007 INSC 974Appeal(s) allowed

The appellant, a High School Assistant (HSA) appointed in 1990, applied for promotion to the post of Higher Secondary School Teacher (HSST) when a vacancy arose. Although she was senior and possessed the required second‑class M.A. and B.Ed. qualifications, the Selection Committee appointed a junior …

M.P. STATE COOP. BANK LTD., BHOPALversusNANURAM YADAV AND ORS.

2007 INSC 975Case Partly allowed

The Madhya Pradesh State Cooperative Bank appointed 60 clerks‑cum‑typists on an ad‑hoc basis, later regularising them after written exams, interviews, probation and a security bond, in accordance with the Staff Service Rules. The Bank later terminated 58 of them on 27‑Oct‑1997, relying on a Lokayukt …

M. MOHAMMED ABDULLAversusSTATE OF KERALA AND ORS.

2007 INSC 976Appeal(s) allowed

M. Mohammed Abdulla, a permanent government servant who had entered the Kerala service in 1975 and completed his probation, availed leave without allowance under paragraph 4 of Appendix XIIA of the Kerala Service Rules to work abroad. While he was on leave, his junior was promoted, and the State …

M/S. DHAMPUR SUGAR MILLS LTDversusSTATE OF U.P. AND ORS.

2007 INSC 964Case Partly allowed

Mis Dhampur Sugar Mills Ltd., a sugar mill and distillery, challenged a Uttar Pradesh government directive that required all sugar mills to reserve 20% of their molasses for country‑liquor production. The company argued it had no excess (balance) molasses because its entire output was used captive …

BAKHTIY AR HUSSAIN (DEAD) THR. LRS.versusHAFIZ KHAN AND ORS.

2007 INSC 965Case Partly allowed

Bakhtiyar Hussain, claiming to be the bhumiswami of certain lands, sued Hafiz Khan and others for declaration of title and injunction after they took possession in 1970, asserting they had acquired title by adverse possession. The trial court and the first appellate court held the defendants were in …

HYDERABAD INDUSTRIES LTD.versusESI CORPORATION

2007 INSC 966Disposed off

Hyderabad Industries Ltd appealed against an order of the Andhra Pradesh High Court which had dismissed its challenge under Section 82(2) of the Employees State Insurance Act, 1948, without examining the factual circumstances. The central question was whether workers engaged by contractors for …

GANGA KISAN SAHKARI CHINI MILLS LTD.versusJAIVIR SINGH

2007 INSC 967Appeal(s) allowed

The appellant, Ganga Kisan Sahkari Chini Mills Ltd., employed certain workers during its trial season of 1984-85 and later terminated them. The workers claimed they were permanent employees and sought reinstatement, back wages, and retaining allowance under the Uttar Pradesh Payment of Retaining …

U.P. POWER CORPORATION LTD. AND ORS.versusM/S. BONDS & BEYONDS (INDIA) (P) LTD.

2007 INSC 968Amount Awarded

The appeal concerned whether a single Meter Reading Inspection (MRI) report, which records electricity consumption for 35 days, should be treated as one violation of peak‑hour restrictions or whether each contravention noted in the report attracts a separate penalty. The Supreme Court examined the …

NARPAT SINGHversusRAJASTHAN FINANCIAL CORPORATION.

2007 INSC 969Disposed off

In Narpat Singh v. Rajasthan Financial Corporation, the appellant filed Interlocutory Applications (I.A.) No. 15-16 seeking clarification and direction of a court order dated 3 May 2007. The court held that such I.A.s are misconceived because they were filed after the case had been finally disposed …

STATE OF RAJASTHANversusCHANDA@ CHANDKORI AND ORS

2007 INSC 970

The State of Rajasthan filed a Special Leave Petition challenging a cryptic order of the Rajasthan High Court that dismissed its application for leave to appeal against an acquittal of Chanda and others without giving reasons. The Supreme Court examined whether a High Court must pass a speaking …

BHOLANATIIversusMONIKA (D) THROUGH LRS. ANDANR.

2007 INSC 971Dismissed

The dispute involved a cooperative society that, after an arbitration award in 1981 directing allotment of plot No. 6 to the petitioner, mistakenly executed a sale deed for plot No. 66 in the petitioner's favour. In a separate arbitration, the respondent was awarded any one of plots 66, 91 or 15; …

KANAILAL BERAversusUNION OF INDIA AND ORS.

2007 INSC 973Case Partly allowed

The appellant, a constable in the Central Reserve Police Force, was repeatedly disciplined for unauthorized absence, culminating in dismissal after a departmental inquiry found some charges partially proved. He challenged the dismissal, but his appeal and subsequent writ petition were dismissed due …

MALLESHAPPAversusSTATE OF KARNATAKA

2007 INSC 959Appeal(s) allowed

The appellant, Malleshippa, was convicted of murder, kidnapping and concealment of dead body under Sections 302, 364 and 201 IPC based on the testimony of the deceased's mother and wife and police officers. The body was highly decomposed, headless and handless, and its identification relied solely …

COMMISSIONER OF CENTRAL EXCISE, DELHIversusM/S. FRICK INDIA LTD. AND ANR.

2007 INSC 960Case Partly allowed

The Commissioner of Central Excise issued a show‑cause notice alleging that Mis Frick India Ltd. had undervalued compressors and overvalued the accessories supplied separately, thereby evading excise duty. The assessee argued that the fly‑wheel, safety valve and filter were separate goods …

STATE OF PUNJAB AND ORS.versusDEV RAJ AND ORS.

2007 INSC 961Appeal(s) allowed

The State of Punjab entered into an agreement to take over a financially distressed school in 1983, stipulating that only staff with prescribed qualifications who were members at the time of the policy decision would be retained. Teachers and laboratory assistants appointed between June 1983 and …

MOHAMMAD SADIQ AND ORS.versusSTATE OF UTTAR PRADESH AND ORS.

2007 INSC 962Dismissed

The Institute of Engineering and Rural Technology (IERT), a society registered under the Societies Registration Act, 1860, decided to close one of its centres, retrenching 105 employees. The employees filed a writ petition seeking their absorption under the Uttar Pradesh Absorption of Retrenched …

M/S. DHAMPUR SUGAR (KASHIPUR) LTD.versusSTATE OF UTTARANCHAL AND ORS.

2007 INSC 963Dismissed

Mis. Dhampur Sugar (Kashipur) Ltd., a sugar manufacturer, applied for a licence to set up a power‑crusher unit for manufacturing rah from sugarcane. The application was initially rejected under the existing licensing policy, but after the State Government modified the policy on 15 November 2003, a …

COMMISSIONER OF CUSTOMS, NEW DELHIversusM/S PHOENIX INTERNATIONAL LTD. & ANR.

2007 INSC 955Appeal(s) allowed

The Commissioner of Customs alleged that Mis. Phoenix International Ltd (PIL) and its subsidiary Mis. Phoenix Industries Ltd (PIND) split the import of synthetic shoe components—uppers by PIL and soles, insoles and sock liners by PIND—to evade customs duty and obtain a concessional rate under …

MOSES WILSON AND ORS.versusKASTURIBA AND ORS.

2007 INSC 956Disposed off

The Supreme Court heard Civil Appeals Nos. 1062‑1065 arising from a suit filed in 1947 for Rs 7,000, which involved an attachment before judgment of the defendant's dry fish and a third‑party claim over that fish. After more than six decades of litigation, the Court, with the parties' consent, …

FRUIT COMMISSION AGENTS ASSOCIATION AND ORS.versusGOVT. OF ANDHRA PRADESH AND ORS.

2007 INSC 957Dismissed

The Fruit Commission Agents Association challenged the rent fixed by the Agricultural Produce Market Committee for shop‑cum‑godowns at the Gaddiannaram fruit market, alleging the structures were not permanent and the rent excessive. The High Court upheld the rent fixation, finding the Committee had …

ARYA VRAT GRAMIN BANKversusVIJAY SHANKAR SHUKLA

2007 INSC 958Appeal(s) allowed

The Supreme Court examined a dispute over the appointment of Vijay Shankar Shukla, a general‑category candidate who was placed 47th in a select list for officer posts at Aryavrat Gramin Bank, a Regional Rural Bank governed by the Regional Rural Bank Act, 1976 and subject to NABARD and Central …

BIBHISHANversusSTATE OF MAHARASHTRA

2007 INSC 953Appeal(s) allowed

An 18‑year‑old girl, Anita, was allegedly lured by the accused into his house and raped. The trial court convicted the accused under Section 376 read with Section 511 of the IPC, a decision affirmed in part by the High Court. On appeal, the Supreme Court examined the medical evidence and found no …

BHAVYA APPARELS PRIVATE LIMITED AND ANRversusUNION OF INDIA

2007 INSC 935Case Partly allowed

Bhavya Apparels Private Ltd appealed a customs duty assessment. The Customs Appellate Tribunal dismissed the appeal for failure to pre‑deposit Rs 3 crores as required under Section 129E of the Customs Act, 1962, and the Gujarat High Court affirmed that order. The Supreme Court held that Section 129E …

SALES TAX OFFICERS AND ORS.versusM/S. DUTTA TRADERS

2007 INSC 942Appeal(s) allowed

The respondent, a wholesale biscuit dealer, was stopped while unloading goods when a vigilance officer detected irregularities and the Sales Tax Officer (Vigilance) levied tax of Rs.32,592 and a penalty of Rs.54,320 under Section 16‑D of the Orissa Sales Tax Act. The dealer challenged the officer's …

M. NAGA VENKATA LAKSHMIversusVISAKHAPA TNAM MUNICIPAL CORPN. AND ANR.

2007 INSC 944Disposed off

M. Naga Venkata Lakshmi purchased a 167‑sq‑yd plot in an unapproved layout that was later incorporated into the approved Radha Krishna Nagar layout, where her plot was shown as a reserved open space. Her application for building‑plan sanction was rejected by the Visakhapatnam Municipal Corporation …

SHIV KUMAR SHARMAversusSANTOSH KUMARI

2007 INSC 945Disposed off

Shiv Kumar Sharma and Santosh Kumar entered into a reciprocal agreement to exchange shops, gave each other vacant possession, but the sale deeds were never executed. Santosh Kumar sued for possession of his shop and a permanent injunction; the trial court granted both and the High Court, while …

STATE OF ORISSA AND ORS.versusM/S. TATA SPONGE IRON LTD.

2007 INSC 946Dismissed

The State of Orissa appealed a High Court order that had allowed Mis. Tata Sponge Iron Ltd. to claim sales‑tax exemption under the Industrial Policy Resolution (IPR) 1992 and Notification SRO No.1091 of 1992. The company, classified as a large‑scale unit, had expanded its plant in 1997 and sought …

UNION OF INDIA AND ORS.versusS. VINODH KUMAR AND ORS.

2007 INSC 947Appeal(s) allowed

The Union of India appealed against a High Court order that directed the Railway authority to lower the cut‑off marks for general‑category candidates so that they could be appointed to unfilled reserved (SC/ST) posts. The vacancies for the post of Gangman were advertised with reservation and …

STATE OF TAMIL NADUversusSESHACHALAM

2007 INSC 948Appeal(s) allowed

The case concerned employees of the Tamil Nadu Secretariat who, after the Finance and Law Departments were excluded from the "one unit" promotion scheme, were promoted ahead of their seniors in other departments. The State issued G.O. No.126 (1998) to step‑up the pay of senior employees recruited …

MOHD. MASOOD AHMADversusSTATE OF U.P. & ORS.

2007 INSC 949Dismissed

The petitioner, an Executive Officer of Nagar Palika Parishad Muzaffarnagar, was transferred by the State Government to Mawana, District Meerut, and challenged the order alleging it was made at the behest of an MLA. The Allahabad High Court dismissed his writ petition, holding that the transfer was …

MODERN SCHOOLversusSHASHI PAL SHARMA AND ORS.

2007 INSC 950Appeal(s) allowed

The case concerned a Sanskrit teacher who resigned from Modern School on 17‑03‑1997. The school’s managing committee accepted the resignation on 19‑03‑1997, subject to the Director of Education’s approval, which was not received within the statutory 30‑day period, thereby deemed approved under …

STATE OF PUNJABversusDEEPAK MATTU

2007 INSC 951Appeal(s) allowed

The respondent, a public servant, was convicted under the Prevention of Corruption Act and sentenced to 18 months' rigorous imprisonment. He appealed the conviction and, under Section 389 of the CrPC, sought suspension of the conviction; the Special Court granted it, and the High Court upheld the …

SHRI MUNDRI LALversusSMT. SUSHILA RANI AND ANR.

2007 INSC 952Dismissed

The tenant, Shri Mundri Lal, challenged an eviction suit filed by his landlord, Smt. Sushila Rani, under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, contending that the premises were a "new construction" and therefore exempt under Section 2(2) of the Act. …

JAGDISH AND ANRversusSTATE OF MADHYA PRADESH

2007 INSC 936Appeal(s) allowed

The appellants Jagdish, Devidayal, Mangoo and Thakurdas were charged with murder under IPC s.302 r/w s.34 for the death of Mansingh. The trial court acquitted them, finding contradictions in prosecution witnesses and noting that medical evidence did not support the ocular testimony regarding …

ANIL RITOLLA@ A.K. RITOLIAversusSTATE OF BIHAR & ANR.

2007 INSC 937Appeal(s) allowed

The appellant, an authorised dealer of Hindustan Lever Ltd, was alleged to have failed to furnish Form IX‑C required under the Bihar Sales Tax Rules to the purchaser, who filed a criminal complaint alleging offences under IPC sections 427, 384 and 420/34, claiming a malafide intention. A Judicial …

JAGANNATHversusSTATE OF M.P.

2007 INSC 938Case Partly allowed

The appellant Jagannath and co-accused Prabhudayal stole wood, leading to an altercation in which Prabhudayal struck the deceased Ramsingh on the head with an axe, causing his death. Jagannath assaulted two witnesses, causing only simple injuries. The trial court convicted both under Section 302 …

STATE OF KARNATAKAversusAMEER JAN

2007 INSC 939Dismissed

The respondent, Ameerjan, a second‑division assistant in the Registrar of Firms and Co‑operative Societies, was alleged to have demanded a bribe of Rs 300 for issuing a certificate. He was charged under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The …

MAKSUD SAIYEDversusSTATE OF GUJARAT AND ORS.

2007 INSC 940Dismissed

The appellant, a director of Nagami Nicotine Pvt. Ltd., alleged that Dena Bank had inserted false information in its prospectus for a public issue, claiming a pending suit before the Debt Recovery Tribunal instead of the City Civil Court. He filed a criminal complaint alleging defamation and other …

DINESH DALMIAversusC.B.I

2007 INSC 941Dismissed

The CBI filed an FIR against Dinesh Dalmia and three companies for alleged fraud and filed a charge‑sheet under Section 173(2) CrPC after Dalmia had absconded to the United States. Cognizance was taken, and Dalmia was arrested on a non‑bailable warrant; the CBI repeatedly sought judicial custody of …

MOHAN MAHTOversusM/S. CENTRAL COAL FIELD LTD. & ORS.

2007 INSC 943Appeal(s) allowed

A workman employed by Central Coal Field Ltd. died in harness on 23‑02‑1997. His son, Mohan Mahto, applied for a compassionate appointment under sub‑clause (iii) of Clause 9.5.0 of the National Coal Wage Agreement (NCWA V), which required that a male dependent aged 15 or above be kept on a live …

PRATIBHAversusRAMESHWARI DEVI AND ORS.

2007 INSC 929Case Partly allowed

The appellant, a wife, filed an FIR under Sections 498A and 406 IPC alleging dowry harassment and cruelty after leaving her matrimonial home. The husband filed a divorce petition, and the respondents moved the High Court to quash the FIR under its inherent power under Section 482 of the Cr.P.C. The …

ORIENTAL INSURANCE CO. LTD.versusSYED IBRAHIM & ORS.

2007 INSC 930Case Partly allowed

A seven‑year‑old child died in a lorry accident on 20‑Nov‑1994. The Motor Accidents Claims Tribunal awarded Rs 51,500 compensation, which the Karnataka High Court enhanced to Rs 1,52,000 and directed the insurer, Oriental Insurance Co., to indemnify the award. The insurer appealed, contending that …

RAJEEV HITENDRA PATHAN AND ORS.versusACHYUT KASHINATH KAREKAR AND ANR.

2007 INSC 931Matter referred to larger bench

The appeal concerned whether a State Consumer Disputes Redressal Commission can restore a complaint dismissed for default. The appellant argued that the Supreme Court’s decision in Jyotsana v. Bombay Hospital Trust denied such power to State Commissions, while the National Commission relied on New …

BOODIREDDY CHANDRAIAH AND ORS.versusARIGELA LAXMI AND ANR.

2007 INSC 932Appeal(s) allowed

The appellants challenged a second appeal allowed by the Andhra Pradesh High Court under Section 100 of the Code of Civil Procedure, alleging that the High Court failed to formulate a substantial question of law as required by the amended provision. The Supreme Court examined whether a second appeal …

STATE OF JHARKHAND AND ORS.versusMANSHU KUMBHKAR

2007 INSC 933Appeal(s) allowed

The State of Jharkhand appointed several Class III and IV employees, including the respondent Manshu Kumbhkar, without complying with the administrative instructions dated 3‑12‑1980, which required advertisement, a selection committee, and recruitment through the district employment exchange. The …

KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusSHRI DHARMENDRA SHARMA

2007 INSC 914Disposed off

The respondent, whose father was a KVS employee who died in service, applied for a compassionate appointment in a Group‑D post under the 5 % reservation for such appointments. KVS rejected the application, and the Central Administrative Tribunal (CAT) directed KVS to appoint the respondent and later …

BRIJBHUSHAN YADAV AND ORS.versusUNION OF INDIA AND ANR.

2007 INSC 915Disposed off

Workmen were initially engaged as security guards through an agency on 1 Oct 1996. After the agency contract expired on 1 Oct 1997, they continued to work for the Telecom Department until 31 May 1999. Claiming that they had rendered continuous service of more than 240 days, they sought reinstatement …

MUNICIPAL CORPORATION OF CITY OF THANEversusM/S VIDYUT METALLICS LTD. AND ANR.

2007 INSC 916Dismissed

The Municipal Corporation of Thane claimed that Vidyut Metallics Ltd. had underpaid octroi by paying 0.5% under Item 71 of the Maharashtra Municipalities (Octroi) Rules, 1974, instead of 1% under Item 77, and demanded the difference. The company had paid 1% from 1968‑1974, later corrected its …

VANGA SRINIWASversusPUBLIC PROSECUTOR, HIGH COURT OF A.P.

2007 INSC 917Case Partly allowed

The appellant Vanga Sriniwas was accused of killing his wife by strangulation and hanging her body, allegedly to conceal a dowry‑related dispute. The trial court acquitted him, but the Andhra Pradesh High Court convicted him of murder under IPC s.302 and sentenced him to life imprisonment. On …

GANAPATHI SANYA NAIKversusSTATE OF KARNATAKA

2007 INSC 918Appeal(s) allowed

The appellant, a village accountant, was accused of demanding a bribe of Rs.1,000 from a land purchaser (PW‑6) for mutation entries and revenue documents. After PW‑6 complained, a police‑arranged trap recovered cash that had been placed on the accountant's table, and the prosecution alleged the …

SANWARIYA LALversusSTATE OF RAJASTHAN

2007 INSC 919Dismissed

Sanwariya Lal was convicted for murdering his eight‑year‑old son Rajesh under Section 302 IPC. The prosecution established that Lal, after a marital dispute and a second marriage, suspected the child's paternity and coveted a Rs 20,000 fixed deposit made in the child's name. He took the child from …