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Judgments of 2007

1324 judgments · newest first · showing 401–600

COMMISSIONER OF INCOME TAX, SALEMversusP.V. KALYANASUNDARAM

2007 INSC 920Dismissed

The assessee purchased land for Rs 4.10 lakhs, but during a raid the tax department seized notes suggesting a higher consideration and recorded contradictory statements from the seller indicating amounts of Rs 34.35 lakhs, Rs 4.10 lakhs and Rs 4.85 lakhs. The Assessing Officer accepted the higher …

THE BIHAR STATE BOARD OF RELIGIOUS TRUSTS & ANR.versusVISHWANATH PRASAD LOHIA & ORS.

2007 INSC 921Disposed off

The Bihar State Board of Religious Trusts appealed a Patna High Court order that quashed a notification dated 5 August 1989 issued under Section 29(2) of the Bihar State Board Religious Trust Act, 1950, which sought to supersede a committee formed under a trust deed. The High Court held that the …

MARKFED VANASPATI & ALLIED INDUSTRIESversusUNION OF INDIA

2007 INSC 922Dismissed

The appellant, Markfed Vanaspati & Allied Industries, entered into a contract with the Union of India to supply rapeseed oil but failed to meet the delivery schedule, leading to contract cancellation. The appellant invoked a force majeure clause, claiming that a government ban on the use of rapeseed …

UNION OF INDIAversusSHRI SHIV SHANKER KESARI

2007 INSC 923Appeal(s) allowed

The Union of India appealed a High Court order that granted bail to Shri Shiv Shanker Kesari, who was charged under the NDNDPS Act for possession of a large quantity of poppy straw. The Supreme Court examined Section 37 of the NDPS Act, which mandates that bail may be granted only if the court is …

STATE OF KARNATAKAversusRAJU

2007 INSC 924Appeal(s) allowed

The State of Karnataka appealed a Karnataka High Court order that reduced the custodial sentence of Raju, who had been convicted of raping a 10‑year‑old girl, from seven years to three and a half years. The trial court had sentenced Raju under Section 376 of the Indian Penal Code, which mandates a …

KULDEEP SINGHversusUNION OF INDIA AND ORS.

2007 INSC 925Dismissed

Kuldeep Singh appealed to the Supreme Court after the Delhi High Court, both at the Single Judge and Division Bench levels, denied his request to have his share in a plot converted from leasehold to freehold, holding that such a conversion would require amendment of the layout plan and would disturb …

UNION OF INDIAversusSHREE SHANKAR TEXTILES EX-EMPLOYEES UNION AND ORS.

2007 INSC 926Appeal(s) allowed

The Shree Shankar Textiles Ex‑Employees Union sought benefits under the Textile Workers Rehabilitation Fund Scheme (TWRFS) 1991, contending that the scheme’s requirement that a mill be closed under Section 25‑O of the Industrial Disputes Act, 1947 (or have an official liquidator appointed) violated …

C.A. PIOUSversusTHE STATE OF KERALA AND ANR.

2007 INSC 927Dismissed

The appellant, serving a life sentence for murder, applied for release on probation under the Kerala Prison Rules, 1958, which require a minimum of eight years of actual custody. He had served about six and a half years in prison but argued that a six‑year‑plus period of study leave should be …

PHULIA TUDU AND ANR.versusTHE STATE OF BIHAR (NOW JHARKHAND)

2007 INSC 928Disposed off

The appellants Phulia Tudu and another were convicted of murder under Section 302 read with Section 34 for allegedly assaulting the deceased Biti Murmu with a lathi, causing her death. On appeal, the Supreme Court examined the distinction between murder and culpable homicide not amounting to murder, …

STTE OF RAJASTHANversusPARTHU

2007 INSC 913Appeal(s) allowed

The State of Rajasthan prosecuted Parthu for the murder of his wife Lali, who died from severe burn injuries after allegedly being doused with kerosene and set alight by him. The prosecution relied on two dying declarations recorded by police officers, with a doctor present who attested the victim's …

DHV BVversusTAHAL CONSULTING ENGG. LTD. & ORS.

2007 INSC 912Disposed off

The Supreme Court considered an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve a tax‑related dispute arising from a consultancy contract that had been completed. DHV BV, a foreign sub‑consultant, claimed that the client …

M.D. UNIVERSITY, ROHTAKversusAJIT SINGH NANDAL AND ANR.

2007 INSC 911Dismissed

Ajit Singh Nandal, a university employee, challenged a university notification that declared his post vacant, alleging it amounted to an illegal removal without the required inquiry under the service rules. The trial court dismissed his suit, but the appellate court set aside that decision, holding …

SUNIL KUMAR PARIMAL AND ANR.versusTHE STATE OF BIHAR AND ORS.

2007 INSC 907Appeal(s) allowed

The appellants, Sunil Kumar Parimal and Shiv Shankar Roy, enrolled in C.P.Ed and D.P.Ed courses at Tirhut Physical Education College for the 1994-95 and 1995-96 sessions, a college that was duly recognised at the time. The Bihar School Examination Board, tasked with conducting the examinations, …

KRISHNANversusBACKIAM AND ANR.

2007 INSC 908Appeal(s) allowed

Krishnan filed a suit for declaration and injunction claiming that a mortgaged land was sold to him by Ramayee (alias Lakshmi) through registered deeds, which the defendant alleged were forged. The trial court dismissed the suit, but the first appellate court reversed the decision, holding that …

TAMA @ TAMAL MALversusSTA TE OF WEST BENGAL

2007 INSC 910Dismissed

The appellant was convicted of murder under Section 302 IPC for stabbing the deceased, Alimat alias Aliul Zaman, on 29 September 1990 in Jindighi, Murshidabad. The prosecution relied on the testimony of two eye‑witnesses who saw the appellant stab the victim, while the defence argued that the FIR …

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-IVversusM/S. DAMNET CHEMICALS PVT. LTD. ETC.

2007 INSC 903Dismissed

Damnet Chemicals Pvt. Ltd. manufactured two products, ‘CRC 2-26’ and ‘CRC Acryform’, and claimed exemption from central excise duty under Notification No. 120/84‑CE (blended lubricating oil) and Notification No. 175/86‑CE (SSI) respectively. The Central Excise Department issued a show‑cause notice …

A.M. MOOSAversusCOMMISSIONER OF INCOME TAX, TRIVANDRUM

2007 INSC 904Dismissed

A.M. Moosa, an export house, claimed a deduction under Section 80‑HHC of the Income Tax Act, 1961 for the assessment year 1992‑93. The Assessing Officer disallowed the claim on the ground that the computed "profits of the business" were negative. The disallowance was upheld by the Commissioner of …

M. SRINIVASULUversusSTATE OF A.P.

2007 INSC 905Appeal(s) allowed

The appellant, M. Srinivasulu, was convicted under Sections 304B (dowry death) and 498A (cruelty) of the IPC for the self‑immolation death of his wife. The prosecution relied on three letters written by the deceased, alleging they demonstrated a dowry demand and cruelty. The Supreme Court examined …

DES RAJversusSTA TE OF PUNJAB

2007 INSC 899Case Partly allowed

Des Raj, a retired police constable, got drunk and, after a quarrel between his wife and his neighbour's wife, opened fire with a licensed double‑barrel gun, killing three neighbours and injuring three others including a child. He was convicted under sections 302 and 307 of the IPC and sentenced to …

COMMISSIONER, KARNATAKA HOUSING BOARDversusC.MUDDAIAH

2007 INSC 900Dismissed

C. Muddaiah, a former First Division Assistant of the Karnataka Housing Board, challenged the Board's seniority list and obtained a judgment from a Single Judge of the Karnataka High Court directing that his seniority be placed above respondents 2‑34 and that he be granted all consequential …

KULESH MONDALversusTHE STATE OF WEST BENGAL

2007 INSC 901Case Partly allowed

The case arose from the killing of Chakku Mondal by Kulesh Mondal during a quarrel in which the victim was dragged and struck on the neck with a sharp‑edged weapon. The trial court and the Calcutta High Court convicted the accused under Section 302 read with Section 34 IPC, relying on eyewitness …

Y.A. AJITversusSOFANA AJIT

2007 INSC 902Disposed off

In Civil Appeal No. 4110 of 2007, the Supreme Court examined the High Court's order allowing a transfer petition under Section 24 of the Code of Civil Procedure, 1908, moving a suit from the District Court, Kanyakumari to the Family Court, Chennai. The appellant contended that the transfer was …

NUMALIGARH REFINERY LID.versusDAELIM INDUSTRIAL COMPANY LID.

2007 INSC 896Disposed off

Numaligarh Refinery Ltd (NRL), a Government undertaking, awarded a turnkey power plant contract to Daelim Industrial Co Ltd (DIC). During execution, DIC lodged a claim of Rs 55.8 crore covering substituted material, turbo‑technical price, counter‑vailing duty, exchange‑rate fluctuation, liquidity …

RESEARCH FOUNDATION FOR SCIENCEversusUNION OF INDIA AND ANR.

2007 INSC 897Disposed off

The Supreme Court, hearing Writ Petition (Civil) No. 657 of 1995 filed by the Research Foundation for Science, examined the recurring environmental and occupational hazards associated with ship‑breaking activities at Alang. The Court noted that the controversy over the ship Clemenceau had been …

VISITOR AND ORS.versusK.S.MISRA

2007 INSC 898Appeal(s) allowed

Professor K.S. Misra worked at Benaras Hindu University (1960‑1979), then at the University of Yemen and Shillong University before joining Aligarh Muslim University (AMU) in 1987 and retiring in 1997. He sought to have his service at Benaras Hindu University counted for pension and other retiral …

STATE OF UTTAR PRADESHversusRAM VEER SINGH AND ORS.

2007 INSC 892Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of three accused who had been convicted for murder under Sections 302, 34 and 201 of the IPC. The prosecution's case relied on the identification of a decomposed body recovered a month after the incident, based solely on the …

DILAWAR SINGHversusSTATE OF DELHI

2007 INSC 893Disposed off

The appellant Dilawar Singh was accused of robbing a temple priest on 8 August 1984, allegedly with accomplices who tied the priest and stole cash. The prosecution relied solely on the priest's testimony, claiming the accused carried weapons, but no injury was inflicted. The FIR was lodged only on …

MUKESH KUMARversusUNION OF INDIA AND ORS.

2007 INSC 894Appeal(s) allowed

The appellant, Mukesh Kumar, applied for a compassionate appointment as a clerk after his father retired on medical grounds and the appellant was a minor still pursuing studies. The Post Master General rejected the application on the ground that the family was not financially indigent, and …

M.P. STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD. ANDANR.versusJAHAN KHAN

2007 INSC 895Dismissed

The respondent, a branch manager of M.P. State Agro Industries Development Corporation Ltd, was found to have caused a loss of Rs 16,903.41 by failing to recover rent on machinery he had let out. The Managing Director, acting as disciplinary authority, imposed a composite penalty of recovering the …

RAM NAYAKversusU.P. STATE SUGAR CORPORATION

2007 INSC 888Disposed off

Ram Nayak, a workman of Ratna Sugar Mills, claimed that he was employed by the undertaking on the "appointed day" (24 April 1989) when the mill was vested in U.P. State Sugar Corporation under the U.P. Sugar Undertaking Acquisition Act, 1971. He was terminated by an oral order on 1 June 1990. The …

COMMISSIONER OF CENTRAL EXCISE, JAIPURversusM/S. SRI GANGANAGAR BOTTLING CO.

2007 INSC 889Dismissed

The respondent, Mis. Sri Ganganagar Bottling Co., a small‑scale industrial (SSI) unit, manufactured aerated water and affixed the brand name "Citra" belonging to M/s Limca Flavours and Fragrances Ltd., which was also an SSI unit eligible for exemption under Notification No.1/93‑CE. The Revenue …

AGGARWAL AND MODI ENTERPRISES PVT.LTD. AND ANRversusNEW DELHI MUNICIPAL COUNCIL

2007 INSC 890Disposed off

Aggarwal and Modi Enterprises Pvt. Ltd. occupied the Chanakya Cinema Complex under a licence that expired on 30 September 2000. The New Delhi Municipal Council (NDMC) sought vacant possession and intended to dispose of the property by public auction under Section 141(2) of the NDMC Act, 1994, to …

MADAN LAL KAPOORversusRAJIV THAPAR & ORS.

2007 INSC 891Appeal(s) allowed

The appellant filed a criminal revision petition which the Delhi High Court dismissed for default despite notice. The Supreme Court held that a criminal appeal or revision cannot be dismissed for default and must be decided on its merits with a reasoned order. It relied on Bani Singh v. State of …

HARISHCHANDRA LADAKU THANGEversusSTATE OF MAHARASHTRA

2007 INSC 878Disposed off

The deceased Dwarkabai disappeared while working in her field and her body was found days later. The appellant, Harishchandraladakuthange, had a prior dispute with her and was alleged to have threatened her. The prosecution relied on circumstantial evidence, including a claim that the accused and …

INDIAN BANK AND ANR.versusN. VENKATRAMANI

2007 INSC 879Disposed off

N. Venkataramani, an employee of Indian Bank, voluntarily retired after 14 years, 9 months and 17 days of service. The bank denied his claim for pension on the ground that he had not completed the statutory minimum of 15 years. The Madras High Court set aside the bank’s order and directed the grant …

MAHESH GUPTA AND ORS.versusYASHWANT KUMAR AHIRWAR AND ORS.

2007 INSC 880Disposed off

The State of Madhya Pradesh issued a circular and an advertisement to fill reserved posts for Scheduled Castes, Scheduled Tribes and for handicapped persons. Eight general‑category disabled candidates were selected, while a disabled candidate belonging to a reserved category (SC/ST) was not. The …

RAM PREETI YADAVversusMAHENDRA PRATAP YADAV AND ORS.

2007 INSC 881Disposed off

Mahendra Pratap Yadav (Respondent No.1) had his Intermediate examination result cancelled after using a provisional marksheet to pursue further studies and employment. He challenged the cancellation, and while the Supreme Court set aside the result, it observed that if any rule permitted him to …

STATE OF RAJASTHAN AND ORS.versusJAGDISH CHOPRA

2007 INSC 882Disposed off

In Rajasthan, teachers are recruited annually under the Rajasthan Education Subordinate Service Rules, 1971. Jagdish Chopra, placed at serial No.10 in the 1995-96 merit list, was not appointed after the candidate at serial No.8 failed to join and the vacancy was carried forward. He filed a writ …

A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICERversusM. PENTAIAH CHARY

2007 INSC 883Disposed off

The respondent, a 38‑year‑old carpenter with six dependents, was permanently disabled after being hit by a bus owned by the Andhra Pradesh State Road Transport Corporation on 26 January 1995. He claimed damages under Section 166 of the Motor Vehicles Act; the tribunal awarded Rs 85,000 and the High …

KIRPAL KAUR ANO ANR.versusV.M. SINGH AND ORS.

2007 INSC 884Disposed off

The case arose from two partition suits settled by a family settlement and a decree directing the execution of a General Power of Attorney and payment of amounts. The Supreme Court had earlier ordered that V.M. Singh deposit the balance amount, which he did, but later sought to withdraw his …

SYNDICATE BANKversusESTATE OFFICER & MANAGER, A.P.I.I.C. LTD. & ORS.

2007 INSC 885Matter referred to larger bench

Syndicate Bank advanced a loan to United Auto Tractor Ltd. secured by a mortgage on 51 acres of land allotted by the Andhra Pradesh Government, relying on an allotment letter and a consent letter from the Director of Industries. The land was later partially cancelled and the allotment rescinded by …

COMMISSIONER OF CUSTOMS, CHENNAIversusM/S. HEWLETT PACKARD INDIA SALES (P) LTD.

2007 INSC 886Disposed off

The Commissioner of Customs appealed against Hewlett‑Packard India Sales Ltd., which had imported laptops with hard‑disk drives pre‑loaded with operating‑system software. The importer claimed that the software‑loaded hard disks should be classified separately under heading 85.24 of the Customs …

COMMISSIONER OF CENTRAL EXCISE, NAGPURversusM/S. BALLARPUR INDUSTRIES LTD.

2007 INSC 887Case Partly allowed

The appellant, Commissioner of Central Excise, challenged the assessment of duty on pulp transferred by the respondent, Mis. Ballarpur Industries Ltd., to its sister unit for captive use in making paper, an exempted final product. The assessee had claimed MODVAT credit on inputs and paid duty on the …

BHARAT SEWA SANSTHANversusU.P. ELECTRONICS CORPORATION LTD.

2007 INSC 875

Bharat Sewa Sansthan, a charitable society, leased premises to U.P. Electronics Corporation Ltd. under a lease that contained an arbitration clause. The society sued for recovery of rent arrears, water and sewerage taxes, and interest, while the corporation moved for reference of the dispute to …

M/S. GIRNAR TRADERSversusST ATE OF MAHARASHTRA AND ORS.

2007 INSC 866Disposed off

The Supreme Court examined whether the Municipal Corporation of Greater Mumbai had taken the statutory "steps" required under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act to commence acquisition of land reserved for a public purpose, after the appellants served a purchase …

RAMA RAO AND ORS.versusM.G. MAHESHWARA RAO AND ORS.

2007 INSC 867Disposed off

The Karnataka Administrative Tribunal altered the recruitment rules for promotion of stenographers by removing the degree requirement and promoted several stenographers on that basis. Assistant (ministerial cadre) officers, whose promotions were affected, filed applications under Section 19 of the …

RAJ KUMAR AND ORS.versusHARYANA STATE AND ORS.

2007 INSC 868Dismissed

The Supreme Court examined appeals by landowners challenging the compensation awarded for agricultural lands acquired in Hisar, Satrod Khurd and Satrod Khas, Haryana, for residential development. The Land Acquisition Collector’s award was enhanced by the Reference Court to Rs 235 per square yard for …

UNION OF INDIAversusARUN JYOTI KUNDU AND ORS.

2007 INSC 869Disposed off

The Union of India appealed against a Central Administrative Tribunal (CAT) order that directed the government to grant railway typists the same pay scales as senior clerks, head clerks and Office Superintendents Grade II, based on the Fifth Pay Commission recommendations. The High Court had upheld …

RAGHUNANDANversusSTATE OF MADHYA PRADESH

2007 INSC 870Dismissed

The appellant, accused No.2, was convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Manfer, whose body was found in the appellant's house. The prosecution proved that the appellant lured the deceased to his residence, served him liquor, and, together with …

GIRIJA PRASAD (DEAD) BY LRS.versusSTATE OF MADHYA PRADESH

2007 INSC 871Dismissed

Girja Prasad, a lower‑division clerk, was alleged to have accepted Rs 200 as a bribe on behalf of his superior, the Divisional Ayurved Chikitsa Adhikari, after a trap was laid by the complainant and police officials. The trial court acquitted him, deeming the key witnesses (the complainant and a …

UNITED BANK OF INDIAversusSIDHARTHA CHAKRABORTY

2007 INSC 872Disposed off

Sidhartha Chakraborty, a cash clerk of United Bank of India, was dismissed for alleged irregularities, with the dismissal order stating that an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was being filed because an industrial dispute was pending. Chakraborty challenged …

STATE OF MAHARASHTRAversusDATIATRAYA DIGAMBER BIRAJDAR

2007 INSC 873Appeal(s) allowed

The respondent, a daily wager in the Public Works Division (PWD) since 1984, was appointed as a contract Surveyor in the Soil Conservation Department on 3 April 1986 and later transferred before the posts were abolished in August 1987. After about eight years, he filed an application under Section …

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATIONversusM/S CORK MANUFACTURING CO.

2007 INSC 874Disposed off

The appellant, Haryana State Industrial Development Corporation, resumed an industrial plot allotted to the respondent, Cork Manufacturing Co., alleging breach of a contractual construction deadline. The respondent filed a suit for permanent injunction, claiming the resumption order was illegal, …

SAROJAversusCHINNUSAMY (DEAD) BY LRS. AND ANR.

2007 INSC 859Dismissed

Saroja purchased a property from her husband Kuppusamy while a suit filed by her against Kuppusamy for title was pending. The earlier suit was decided ex parte in favour of the respondents, and the decree attained finality. Saroja then filed a separate suit asserting ownership of the same property, …

SUDHA VERMAversusSTATE OF U.P. AND ANR.

2007 INSC 860Case Partly allowed

Sudha Verma, the widow of Rajesh Kumar, appealed against the Allahabad High Court's grant of bail to Dinesh Kumar (respondent No.2), who was alleged to have shot and killed his elder brother during a family dispute over property partition. The High Court had held that the offence fell under Section …

PRAMOD KUMAR AND ANR.versusBIHAR VYAVASAYIK SANGHARSH MORCHA AND ORS.

2007 INSC 861Disposed off

A public interest litigation was filed in the Patna High Court seeking directions to stop criminal activities and exploitation by police personnel in Bihar. The High Court issued orders directing the transfer of officers who had remained at a posting for more than four years and mandating the …

M/S MEGHAL HOMES PVT. LTD.versusSHREE NIWAS GIRNI K.K. SAMITI AND ORS.

2007 INSC 862Disposed off

The Supreme Court examined a scheme proposed under Section 391 of the Companies Act, 1956 for Shreeniwas Cotton Mills Ltd., a company already under liquidation since 1984. The scheme, as modified, involved the sale of the mill’s land to Lodha Builders Private Ltd. (LBPL) and did not constitute a …

M.C. CHAMARAJUversusHIND NIPPON RURAL INDUSTRIAL (P) LTD.

2007 INSC 863Appeal(s) allowed

M.C. Chamaraju, a supervisor employed by Hind Nippon Rural Industrial (P) Ltd, worked for more than five years across several units before his salary stopped in March 1993. He applied for gratuity under the Payment of Gratuity Act, 1972. The Controlling Authority and the Appellate Authority held …

SUKHDEO PANDEYversusUNION OF INDIA AND ANR.

2007 INSC 864Case Partly allowed

Sukhdeo Pandey, an Extra‑Departmental Branch Post Master (EDBPM), cleared a promotion exam to the post of Postman in 1969 but the selection was cancelled due to alleged irregularities. A criminal case was later filed against him, cleared, and he was arbitrarily removed from service in 1977; the …

UNION OF INDIA AND ANRversusS.S. AHLUWALIA

2007 INSC 865Case Partly allowed

S.S. Ahluwalia, a CRPF officer, applied for voluntary retirement effective 1 July 1993; the request was initially rejected but later accepted on 23 February 1994 and he was relieved on 2 March 1994. While his retirement was pending, disciplinary proceedings were continued and resulted in a penalty …

UNION OF INDIAversusTATA TELESERVICES (MAHARASHTRA) LTD.

2007 INSC 857Appeal(s) allowed

The Union of India invited tenders for a telecom licence and, after receiving a tender, issued a Letter of Intent to Tata Teleservices, which later failed to fulfil its obligations. The Union claimed damages of Rs 50 crore and set‑off the amount, while Tata claimed Rs 654.25 crore for breach of …

RAJINDERA SINGH (DEAD) THROUGH LRS. AND ORS.versusPREM MAI AND ORS.

2007 INSC 858Appeal(s) allowed

The appellant, Rajindra Singh (deceased) through his legal representatives, challenged a decree from a 1957 suit in which Prem Mai and Sudha Mai were granted declaration and possession of land. The decree was reversed on appeal, declaring the appellant a Sirdar and entitled to possession. While the …

JAYANTI FOOD PROCESSING (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, RAJASTHAN

2007 INSC 854Disposed off

The Supreme Court examined the scope of Sections 4 and 4A of the Central Excise Act, 1944 in relation to the Standards of Weights and Measures Act, 1976 and its Packaged Commodities Rules. It held that Section 4A applies only when five conditions are satisfied: the goods are excisable, sold in …

CENTRAL BANK OF INDIA AND ORS.versusMADAN CHANDRA BRAHMA AND ANR.

2007 INSC 856Appeal(s) allowed

Madan Chandra Brahma was appointed temporarily in Gauhati Bank in 1969 and later promoted to officer. After successive mergers, he became an officer of Central Bank of India in 1990. He claimed retirement at age 60, invoking clause 1.2 of Regulation 19 of the Central Bank of India (Officers) Service …

S.C. CHANDRA AND ORSversusSTATE OF JHARKHAND AND ORS.

2007 INSC 848Dismissed

The Supreme Court examined appeals filed by teachers and staff of a proprietary school who claimed they were employees of Hindustan Copper Ltd (HCL) and Bharat Coking Coal Ltd (BCCL) and sought mandamus to compel payment of salaries and pay parity with clerks of the companies. The Court held that …

ALL INDIA FEDERATION OF TAX PRACTITIONERS & ORS.versusUNION OF INDIA AND ORS.

2007 INSC 849Dismissed

The All India Federation of Tax Practitioners challenged the levy of service tax on chartered accountants, cost accountants and architects under the Finance Acts of 1994 and 1998, arguing that such tax fell within State List Entry 60 (taxes on professions) and was barred by Article 276. The Supreme …

STATE OF MAHARASHTRAversusTULSHIRAM BHANUDAS KAMBLE AND ORS.

2007 INSC 850Appeal(s) allowed

The State of Maharashtra prosecuted fifteen accused for a violent incident in which two persons were killed and three injured. The trial court convicted five of them under Section 302 IPC (murder) with life imprisonment and others under Sections 324 and 452 IPC. The Bombay High Court acquitted the …

SANTOSH AJIT SACHDEVAND ORS.versusANOOPI SHAHANI

2007 INSC 851Dismissed

The plaintiff, Anoopi Shahani, leased premises to Ajit Sachdeva who died; his wife, Santosh Ajit Sachdeva, succeeded as tenant and allegedly sublet the premises to a company in which she held a majority of shares. The plaintiff filed an eviction suit under s.13(1)(e) of the Bombay Rents, Hotel and …

CANTEEN MAZDOOR SABHAversusMETALLURGICAL ENGG. CONSULTANTS (I) LTD. & ORS.

2007 INSC 852Dismissed

The Canteen Mazdoor Sabha filed a civil appeal challenging a Jharkhand High Court decision that set aside an Industrial Tribunal award granting canteen workers the same pay scales as MECON’s VIP Guest House and Tea Club employees. The core issue was whether a master‑servant (employer‑employee) …

RAMDAS SHIVRAM SATTURversusRAMESHCHANDRA POPATLAL SHAH AND ORS.

2007 INSC 844Appeal(s) allowed

The appellant appealed a decree directing execution of a sale deed for a plot that had been transferred to the deceased respondent No.3 (Tarabai). During the pendency of the second appeal, Tarabai died and her legal heirs (respondents 5, 6 and 7) were on record. The High Court dismissed the appeal …

M/S PRESTIGE LIGHTS LTD.versusSTATE BANK OF INDIA

2007 INSC 845Dismissed

Prestige Lights Ltd. obtained an Rs.85‑lakh loan from State Bank of India secured by mortgage of its land and building. After defaulting, the bank served a notice under Section 13(2) of the Securitization, Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and later …

NATIONAL INSURANCE CO. LTD.versusANJANA SHYAM AND ORS.

2007 INSC 846Case Partly allowed

A bus with a statutory capacity of 42 passengers was overloaded with about 90 persons and met with an accident, causing 26 deaths and 63 injuries. Claimants filed compensation claims under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded compensation to all …

JESU ASIR SINGH AND ORS.versusSTATE THROUGH INSPECTOR OF POLICE

2007 INSC 847Dismissed

The Supreme Court examined the appeal of three accused (A1, A2, A3) convicted of murder and assault under Sections 302 and 341 IPC. The appellants claimed they acted in private defence, arguing that the injuries they sustained indicated they were the aggressors. The Court held that the number of …

C.B.IversusPRADEEP BHALCHANDRA SAWANT AND ANR.

2007 INSC 839Dismissed

The Central Bureau of Investigation appealed against the High Court's order granting bail to Deputy Commissioner of Police Pradeep Bhalchandra Sawant, who was arrested in the stamp‑paper scam and charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly facilitating the …

GAFAR AND ORS.versusMORADABAD DEVELOPMENT AUTHORITY AND ANR.

2007 INSC 840Dismissed

The Supreme Court examined appeals by land owners whose lands in the villages of Harthala, Mukkarrabpur and Sonakpur were acquired by the Moradabad Development Authority under the Land Acquisition Act, 1894. The Land Acquisition Officer (LAO) had awarded compensation of Rs 80, Rs 17.05‑Rs 170 and Rs …

SUKHRAMversusSTATE OF MAHARASHTRA

2007 INSC 841Case Partly allowed

The case involved a dowry‑related death of Meerabai, whose husband (appellant A‑1) and father‑in‑law (appellant A‑2, Sukhram) were initially convicted by the trial court of offences under Sections 304‑B and 498‑A IPC. The High Court set aside those convictions but convicted both of them for murder …

PRADEEP KUMAR@ PRADEEP KUMAR VERMAversusSTATE OF BIHAR AND ANR.

2007 INSC 842Disposed off

The appellant, Pradeep Kumar, was charged under Sections 376 and 406 IPC for having sexual relations with the complainant on a promise to marry her. The complainant alleged that the promise was a false pretense to obtain consent, and the trial court framed charges which the appellant sought to …

M/S. IBEX GALLAGHER PVT. LTD. AND ANR.versusCOMMISSIONER OF CENTRAL EXCISE, BANGALORE

2007 INSC 843Disposed off

Ibex Gallagher Pvt. Ltd. assembles a solar electric power fencing system at various sites using a mix of duty‑paid and bought‑out components. The Commissioner of Central Excise held that the assembly creates a new product distinct from its parts, classifying it under tariff sub‑heading 8543.90 and …

M/S HINDUSTAN COCA COLA BEVERAGE PVT. LTD.versusCOMMISSIONER OF INCOME TAX

2007 INSC 835Appeal(s) allowed

Hindustan Coca Cola Beverage Pvt. Ltd. paid warehouse charges to Pradeep Oil Corporation (POC) on which tax was deducted at source under Section 194C at 2%. The Assessing Officer held the company an 'assessee in default' for short deduction of tax, levying interest under Section 201(1A). The …

UNION OF INDIAversusM.S. MOHAMMED RAWTHER

2007 INSC 836Disposed off

The petitioner, Union of India, appealed against a Kerala High Court Division Bench order that directed it to grant Swatantrata Samman Sainik (SSS) pension to the deceased M.S. Mohammed Rawther with effect from 9 September 1989. The Division Bench had reversed a Single Judge’s direction to remand …

ROZAN MIANversusTAHERA BEGUM AND ORS.

2007 INSC 830Dismissed

The plaintiff and defendant entered into an agreement on 3 December 1973 for the sale of a structure under the Calcutta Thika Tenancy Act, 1949, without the land. The plaintiff sued for specific performance on 7 February 1974; the trial court decreed in his favour on 24 April 1990. During the …

DISTRICT RED CROSS SOCIETYversusBABITA ARORA AND ORS.

2007 INSC 831Appeal(s) allowed

The District Red Cross Society closed its Maternity Hospital due to financial constraints, terminating the services of staff nurses including Babita Arora, while other units such as a Drug De‑Addiction Centre, Family Planning Centre and Viklang Kendra continued to operate. The employees claimed …

LT. GOVERNOR OF DELHI AND ORS.versusV.K. SODHI AND ORS.

2007 INSC 832Appeal(s) allowed

Employees of the State Council of Education, Research and Training (SCERT) filed a writ petition seeking pension, gratuity and other benefits, alleging that SCERT was a "State" under Article 12 and thus bound to implement Regulation 67. The Delhi High Court held SCERT to be a State and directed it …

M/S ELGI EQUIPMENTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, COIMBATORE

2007 INSC 833Appeal(s) allowed

Mis Elgi Equipments Ltd., a manufacturer of service‑station equipment, claimed a uniform 20% trade discount on its sales to distributors, while giving an 8% discount to sub‑dealers and a 12% commission to the distributors. The Central Excise Department issued a show‑cause notice alleging a …

MAHARASHTRA ELECTRICITY REGULATORY COMMISSIONversusRELIANCE ENERGY LTD. AND ORS.

2007 INSC 834Dismissed

The Maharashtra Electricity Regulatory Commission (MERC) issued a notice directing its licensees to withdraw supplementary/amended electricity bills and refund amounts collected from consumers, without conducting an investigation under Section 128 of the Electricity Act, 2003. The Appellate Tribunal …

KITTUSAMYversusSTATE OF TAMIL NADU

2007 INSC 827Dismissed

The appellant Kittusamy, along with Channappan and Palanisamy, were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Ayyasamy, their son‑in‑law. The prosecution case relied on three eyewitnesses – the victim's cousin and his parents – who described the …

ASIAN THERMAL INSULATION (I) P. LTDversusBRIDGE & ROOF CO. (I) LTD.

2007 INSC 826Disposed off

Asian Thermal Insulation (I) Ltd entered into a contract with Bridge & Roof Co. (I) Ltd that contained an arbitration clause. A dispute arose and the High Court, on the respondent's application, directed the matter to be placed before the Chief Justice of the Calcutta High Court for the appointment …

STATE OF GUJARATversusNARENDRA K. AMIN

2007 INSC 828Case Allowed

In a murder case, the Sessions Court granted anticipatory bail under Section 438 of the CrPC to Deputy Superintendent of Police Narendra K. Amin. The State of Gujarat appealed, contending that the court failed to consider the prosecution’s apprehension that the accused could influence or coerce …

UNION OF INDIAversusM/S. BHARAT BATTERY MANUFACTURING CO. (P) LTD.

2007 INSC 829Dismissed

The Union of India and Bharat Battery Manufacturing Co. entered into a contract for supply of batteries that contained Clause 24 requiring any dispute to be referred to a sole arbitrator appointed by the Director General of Supplies and Disposals from the Ministry of Law. A price‑variation dispute …

STATE OF U.PversusGOVIND DAS@ GUDDA AND ANR.

2007 INSC 825Case Partly allowed

The Supreme Court examined appeals by the State of Uttar Pradesh against the Allahabad High Court’s order acquitting Govind Das and others, which had set aside convictions under IPC s.302 r/w s.34 and rejected a death‑sentence confirmation. The High Court had relied mainly on the acquittal of a …

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-IversusM/S BOMBAY DYEING & MFG. CO. LTD.

2007 INSC 820Dismissed

Bombay Dyeing & Manufacturing Co. operated a composite mill where yarn was spun and grey fabrics were woven but not further processed. Under Notification No. 14/2002‑CE, such grey fabrics are exempt from excise duty (nil rate) provided (i) duty on the yarn input is paid before claiming the exemption …

STATE OF U.P. AND ORS.versusM/S. P.N.C. CONSTRUCTION CO. LTD. & ORS.

2007 INSC 821Dismissed

The appellant State of Uttar Pradesh challenged a show‑cause notice that sought to revoke a recognition certificate granted to M/s P.N.C. Construction Ltd. under Section 4‑8 of the U.P. Trade Tax Act, 1948. The assessee, engaged in a works contract to widen roads for the National Highway Authority, …

FOOD CORPORATION OF INDIA AND ORS.versusRAMESH KUMAR

2007 INSC 822Dismissed

Ramesh Kumar, an employee of the Food Corporation of India (FCI), applied for voluntary retirement under the corporation's 2002 scheme on 13 September 2004. He withdrew his application on 27 September 2004, but FCI accepted the retirement on 9 November 2004. Kumar challenged the acceptance before …

HIMADRI CHEMICALS INDUSTRIES LTD.versusCOAL TAR REFINING COMPANY

2007 INSC 816Dismissed

Himadri Chemicals Industries Ltd entered into a contract with Coal Tar Refining Co. for supply of extra‑hard pitch coal, with payment to be made by an irrevocable Letter of Credit (LC) opened by the appellant. The appellant’s bank found discrepancies in the documents and, after the appellant waived …

SONIAversusORIENTAL INSURANCE CO. LTD. AND ORS.

2007 INSC 817Appeal(s) allowed

The Oriental Insurance Company advertised five Assistant Administrative Officer vacancies on 30 October 2003, reserving one for Scheduled Tribes (ST) but allowing exchange of reservations between Scheduled Castes (SC) and ST where no eligible candidate existed. Sonia, an SC employee, applied, …

CENTRAL BANK OF INDIAversusSIRIGUPPA SUGARS & CHEMICALS LTD. & ORS.

2007 INSC 818Appeal(s) allowed

The Central Bank of India had advanced a loan to Siriguppa Sugars & Chemicals Ltd. secured by a pledge of the company's sugar stock. The company defaulted, and the Recovery Authority seized the pledged sugar without the bank's consent, leading to its sale. The High Court, pending a writ appeal, …

RAJENDRA SINGHversusSTATE OF U.P. AND ANR.

2007 INSC 811Appeal(s) allowed

The case arose from a murder in which the first informant, Rajendra Singh, alleged that Kapil Dev Singh (respondent No.2) participated. Although the charge‑sheet named only the co‑accused, the Sessions Court summoned Kapil Dev Singh under Section 319 of the CrPC based on the informant’s statement. …

SILAK RAM AND ANR.versusSTATE OF HARYANA

2007 INSC 812Dismissed

The appellants Silak Ram, Narotam alias Raja and Bijender alias Binder were convicted for the murder of Jagbir under Sections 302 and 34 IPC. The prosecution relied on three eye‑witnesses (PW10, PW11 and PW14); PW11’s testimony was found cogent and consistent with medical evidence, while PW10’s …

JAY MAHAKALI ROLLING MILLSversusUNION OF INDIA AND ORS.

2007 INSC 813Dismissed

Jay Mahakali Rolling Mills challenged the recovery of excise duty and penalty on the ground that bars and rods made from ship‑breaking scrap were exempt under Notification No.101/87‑CE dated 27 March 1987. The issue before the Supreme Court was whether the amendment, communicated through a circular …

M/S. TRUTUF SAFETY GLASS INDUSTRIESversusCOMMISSIONER OF SALES TAX, U.P.

2007 INSC 814Appeal(s) allowed

Mis. Trutuf Safety Glass Industries, a manufacturer of automobile safety toughened glass, sought a recognition certificate under Section 4‑B of the U.P. Sales Tax Act, 1948 for the goods listed in Entry 2 of Annexure III of Notification No. ST‑1/‑755 dated 31‑12‑1976, which reads "Glass and glass …

KULWINDER SINGHversusSTATE OF PUNJAB

2007 INSC 815Disposed off

Kulwinder Singh was accused of attempting to rape the sister of the complainant, subsequently strangling her, and assaulting the complainant's grandmother with a gandasi, leading to both victims' deaths. The trial court convicted him under Section 302 IPC and sentenced him to death; the High Court …

SHAIK MASTAN VALIversusSTATE OF ANDHRA PRADESH

2007 INSC 808Dismissed

Shaik Mastan Vali was convicted under Section 302 of the Indian Penal Code for the murder of Nagandla Pichamma, with whom he had an illicit relationship. The prosecution relied on circumstantial evidence: the appellant was seen beating the deceased and dragging her to a hut, a towel belonging to him …

DEEPAK SINGCHIversusSTATE OF RAJASTHAN AND ANR.

2007 INSC 809Disposed off

The appellant, an informant, reported that his brother was murdered and the accused were charged with the crime. The accused applied for bail, which was rejected by the Additional Chief Judicial Magistrate and the Additional Sessions Judge, but the Rajasthan High Court later granted bail without …

M/.S. GULJAG INDUSTRIESversusCOMMERCIAL TAXES OFFICER

2007 INSC 810Disposed off

The case concerned several civil appeals arising from the imposition of penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 (in pari materia with Section 22A(7) of the Rajasthan Sales Tax Act, 1954) for carrying goods in movement with blank Form ST‑18A/18C that had been signed but left …

BANK OF INDIA AND ORS.versusT. JOGRAM

2007 INSC 805Dismissed

The respondent, a Junior Management Officer of Bank of India, was found guilty of submitting inflated and false travel, lodging, boarding and halting allowance bills while on deputation and was compulsorily retired under the Bank of India Officer Employees (Conduct) Regulations, 1976. He challenged …

STATE OF RAJASTHANversusNANA AND ORS.

2007 INSC 806Disposed off

The State of Rajasthan appealed the Rajasthan High Court’s judgment acquitting accused Bada and Sawa and reducing Nana’s conviction from murder to culpable homicide not amounting to murder. The trial court had convicted all three under Section 302 read with Section 34 based on the testimony of …

POTHULA RAMA RAOversusPENDYALA VENKATA KRISHNA RAO AND ORS.

2007 INSC 804Dismissed

The appellant, a voter, filed an election petition seeking to declare the election of the first respondent, a legislator, void on four grounds: improper rejection of a dummy candidate’s nomination, acceptance of the respondent’s nomination despite a double entry in the electoral roll, acceptance of …

STATE OF KARNATAKA AND ANR.versusK.K. MOHANDAS AND ETC.

2007 INSC 797Appeal(s) allowed

The State of Karnataka auctions the right to vend arrack; the plaintiffs, experienced excise contractors, won the bids for the 1990‑91 excise year. The Finance Minister, in his budget speech, announced a policy to ban toddy sales statewide from 1 July 1990. The government later failed to fully …

MEHIBOOBSAB ABBASABI NADAFversusSTATE OF KARNATAKA

2007 INSC 798Appeal(s) allowed

The appellant, a husband, and his parents-in-law were convicted under Sections 302 and 34 of the IPC for the death of the appellant's wife, who allegedly died after being set on fire. The prosecution's case rested on four dying declarations made by the deceased, which were contradictory: two …

MUNICIPAL COMMITIEE, PATIALAversusMODEL TOWN RESIDENTS ASSON. & ORS.

2007 INSC 799Appeal(s) allowed

The Supreme Court examined whether the Punjab Municipal Act, 1911 (as amended by the 1994 Punjab Amending Act) could levy house tax at different rates for self‑occupied and tenanted premises and whether the definition of "market value" under Section 3(8aa) was unconstitutional for lacking …

M/S. O.N.G.C. LTD.versusCOMMNR. OF CUSTOMS, MUMBAI

2007 INSC 800Disposed off

MIS O.N.G.C. Ltd., a public sector undertaking, paid customs duty on services obtained from Sedco Forex International Drilling Inc. and claimed exemption, but assessment proceeded and was later set aside by the Supreme Court. During the pendency of the appeals, Rs 54,72,87,536 was realized as …

VEER PRAKASH SHARMAversusANIL KUMAR AGARWAL AND ANR.

2007 INSC 801Appeal(s) allowed

The appellant, Veer Prakash Sharma, entered into a contract to purchase welding rods from the respondents but failed to pay the full price and issued two cheques that were later dishonoured. The respondents filed a criminal complaint alleging offences under Sections 402, 406, 409 and 417 of the IPC, …

STATE OF MADHYA PRADESHversusBASODI

2007 INSC 802Dismissed

The State of Madhya Pradesh charged Basodi with the murder of his nephew under IPC s.302 and the Arms Act s.27, alleging he shot the victim with a muzzle‑loading gun. The trial court convicted Basodi, relying on an alleged extra‑judicial confession made before three witnesses. On appeal, the High …

STATE OF KARNATAKAversusMADESHA AND ORS.

2007 INSC 803Dismissed

The State of Karnataka appealed against the acquittal of accused persons (including A‑3 and A‑4) who were alleged to have thrown the deceased's body into a fire, based on the testimony of PW‑26. The principal issue was whether Section 201 of the Indian Penal Code could be invoked when there was no …

M/S AUROHILL GLOBAL COMMODITIES LTD.versusM/S M.S.T.C.LTD.

2007 INSC 796Disposed off

Mis Aurohill Global Commodities Ltd., a Cyprus‑based exporter, entered into a draft purchase order with Mis M.S.T.C. Ltd. for the sale of steel billets. The purchase order contained an arbitration clause mandating disputes be resolved in London under the rules of Great Britain and a jurisdiction …

N.P. JHARIAversusSTATE OF M.P.

2007 INSC 792Dismissed

N.P. Jharia, a Sales Tax Officer, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to three years' imprisonment and a fine; the High Court upheld …

BANK OF INDIA AND ANR .versusTARUN KR. BISWAN AND ORS.

2007 INSC 793Appeal(s) allowed

The Bank of India had a scheme for "Budlee Sepoys" whereby temporary workers could be absorbed into permanent posts only after completing 240 working days in a block year. Several such workers filed writ petitions seeking regularisation, claiming they had satisfied the 240‑day requirement. The …

M/S GUJARAT PRADESH PANCHAYAT PARISHAD AND ORS.versusSTATE OF GUJARAT AND ORS.

2007 INSC 794Dismissed

The Gujarat Pradesh Panchayat Parishad and the Sabarkantha District Panchayat challenged a resolution and an office order that required the District Development Officer (DDO) to consult the President of the District Panchayat before taking any action on recruitment, transfer, promotion or other …

INDIAN AIRLINES OFFICERS' ASSOCIATIONversusINDIAN AIRLINES LTD. & ORS.

2007 INSC 795Dismissed

The Supreme Court examined the Government's policy to merge Vayudoot with Indian Airlines and the subsequent absorption of Vayudoot employees (SHOD) into Indian Airlines, focusing on seniority and promotion issues. The petitioners argued that the merger was not formally completed, that the cut‑off …

INDRADEO PASWANversusUNION OF INDIA AND ORS.

2007 INSC 786Dismissed

Indradeo Paswan, a Deputy Director (Mines) in the undivided State of Bihar, was promoted to Additional Director (Mines) and filed a writ petition for final promotion. While the petition was pending, Bihar was bifurcated under the Bihar Reorganisation Act, 2000, creating the State of Jharkhand. …

COMMISSIONER OF INCOME TAX, CHENNAIversusM/S. ALAGENDRAN FINANCE LTD.

2007 INSC 787Dismissed

Mis. Alagendran Finance Ltd. filed income‑tax returns for assessment years 1994‑95, 1995‑96 and 1996‑97, claiming a deduction under the Lease Equalisation Fund (LEF). The assessment orders accepted the LEF claim. In 2004 the Assessing Officer initiated reassessment proceedings for three unrelated …

MUNICIPAL CORPORATION OF DELHIversusQIMAT RAI GUPTA & ORS.

2007 INSC 788Appeal(s) allowed

The Municipal Corporation of Delhi issued a notice under s.126 of the Delhi Municipal Corporation Act, 1957 to revise the rateable value of a property effective 1‑April‑1996. The assessing officer signed the assessment order on 31‑March‑2000, which was communicated to the owners on 17‑April‑2000. …

JAPANI SAHOOversusCHANDRA SEKHAR MOHANTY

2007 INSC 789Appeal(s) allowed

The appellant, Japani Sahoo, filed a criminal complaint on 5 February 1996 alleging assault and extortion by the respondent, an Inspector of Police. The Sub‑Divisional Judicial Magistrate took cognizance of the complaint only on 8 August 1997, more than a year after the alleged offence, and later …

IDRISHAN YAKUBHAN PATHANversusSTATE OF GUJARAT THROUGH PUBLIC PROSECUTOR

2007 INSC 790Appeal(s) allowed

Idrishan Yakubhan Pathan faced two prosecutions under the Prevention of Terrorism Act (POTA), Case No. 8 and Case No. 12 of 2003. He appealed both decisions (Criminal Appeals Nos. 1287 and 1288 of 2004). The Gujarat High Court acquitted him in Case No. 8 and dismissed his appeal 1287. Regarding Case …

SMT. SHAKUNTALAversusSTATE OF HARYANA

2007 INSC 791Dismissed

The appellant, Shakuntala, was convicted of murder under Section 302 IPC for setting her daughter‑in‑law on fire after a dowry dispute. The victim’s dying declaration, recorded by a First Class Judicial Magistrate and certified by a doctor as being made while she was fit, formed the core evidence. …

M/S. SWAN MILLS LTD.versusUNION OF INDIA AND ORS.

2007 INSC 784Appeal(s) allowed

Mis. Swan Mills Ltd., a textile manufacturer, was served with show‑cause notices for differential excise duty and challenged the assessment before the Commissioner of Central Excise (Appeals). The appellant filed a declaration under Section 89 of the Finance Act, 1998 to avail the Kar Vivad Samadhan …

STATE OF U.P.versusABDUL KARIM AND ORS.

2007 INSC 785Dismissed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Abdul Karim and two others, who had been convicted by a trial court for murder under Section 302 read with Section 34 of the IPC. The prosecution's case rested on the testimony of three eye‑witnesses – the victim's …

B.C. DEV A@ DYAVAversusSTATE OF KARNATAKA

2007 INSC 781Dismissed

The appellant, B.C. Deva, was convicted by the Sessions Court and the Karnataka High Court for forcible sexual assault under Section 376 of the Indian Penal Code, based primarily on the oral testimony of the prosecutrix and corroboration by her parents and independent witnesses. The appellant …

IDDAR AND ORS.versusAABIDA AND ANR.

2007 INSC 782Appeal(s) allowed

The case arose from a dowry‑related dispute in which the complainant’s statement before the trial court differed from the statement recorded during investigation. An application under Section 311 of the CrPC seeking a fresh recording of the complainant’s statement was rejected by the trial court as …

STATE OF U.P.versusMUSHTAQ ALAM

2007 INSC 783Dismissed

The State of U.P. appealed the Allahabad High Court's acquittal of Mushtaq Alam, who was charged with murder under IPC s.302. The trial court had convicted him based on the testimony of an eye‑witness (PW‑1) and two other witnesses, but the High Court acquitted him, finding the witnesses' accounts …

ARVIND KUMAR AND ANR.versusSTATE OF MADHYA PRADESH

2007 INSC 775Disposed off

Arvind Kumar married Sadhna and, along with his mother Prem Bai, repeatedly demanded additional dowry items. Sadhna, unable to meet these demands, was allegedly harassed and tortured, leading her to set herself on fire and die within 1.5 months of marriage. Both were convicted under IPC s.306 …

SANTANU CHAUDHURIversusSUBIR GHOSH

2007 INSC 776Disposed off

The landlord filed an eviction suit against the tenant, which was dismissed, but the High Court later allowed an appeal and decreed eviction. The tenant appealed to the Supreme Court, which dismissed the SLP and granted six months to vacate the premises, subject to filing an undertaking within two …

MRS. HAFIZUN BEGUMversusMD. IKRAM HEQUE & ORS.

2007 INSC 777Disposed off

The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the …

SMT. SUBHA RAJ AND ANR.versusSANKAR SARKAR AND ANR.

2007 INSC 778Disposed off

Respondent No.1 filed a criminal complaint against Subha Raj and others alleging offences under several IPC sections. The Magistrate dismissed the complaint, and the complainant's first revision before the Additional District and Sessions Judge was also dismissed. A second revision petition, styled …

COMMISSIONER OF INCOME TAX, SALEMversusK. CHINNTHAMBAN

2007 INSC 779Appeal(s) allowed

The case involved a firm, M/s V.V. Enterprises, purportedly engaged in prize ticket business and collecting public deposits. Police seized about Rs. 1.18 crore from its premises, and the Assessing Officer found the firm’s books incomplete and could not explain the source of the deposits, treating …

COLLECTOR OF CENTRAL EXCISE ETC. ETC.versusM/S. SOLARIS CHEMTECH LIMITED & ORS.

2007 INSC 780Dismissed

The case concerned whether Mis. Solaris Chemtech Ltd. could claim MODVAT credit under Rule 57A for Low Sulphur Heavy Stock (LSHS) and furnace oil used to generate electricity that was captively consumed in the manufacture of cement and caustic soda. The Revenue argued that electricity generation is …

B.S.GORAYAversusU.T. OF CHANDIGARH

2007 INSC 772Dismissed

The Central Bureau of Investigation filed a charge‑sheet against B.S. Goraya under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. Goraya, then a Colonel, was suspended and dismissed from Army service in January 1993, but his dismissal was later set aside and he was …

THE COMMISSIONER OF INCOME TAXversusM/S. CATAPHARMA (INDIA) PVT. LTD.

2007 INSC 773Dismissed

The dispute concerned the assessment year 1997‑98 where the assessing officer had included excise duty and sales tax in the "total turnover" for computing the deduction under section 80HHC(3)(b) of the Income Tax Act, 1961. The Revenue appealed, arguing that the plain meaning of "turnover" required …

STATE OF ORISSA AND ANR.versusSURENDRANATH MALLICK AND ORS.

2007 INSC 774Appeal(s) allowed

The case concerned the reversion of Surendranath Mallick, a reserved‑category employee, to his former post of Senior Assistant after a general‑category Section Officer returned from leave. The Tribunal had held that Mallick should remain as Section Officer Level‑II to preserve the SC quota, and the …

STATE OF U.P. AND ANR.versusLALLOO SINGH

2007 INSC 768Disposed off

The State of Uttar Pradesh appealed against a High Court order that allowed Lalloo Singh to retain a tractor trolley seized by forest officials under the Wildlife (Protection) Act, 1972. The seizure occurred because the trolley was used to load sand from the Yamuna river bed inside a sanctuary. The …

SANDEEP POLYMERS PVT.LTD.versusBAJAJ AUTO LTD. AND ORS.

2007 INSC 770Disposed off

Sandeep Polymers Pvt. Ltd., a Nagpur‑based manufacturer, sued Bajaj Auto Ltd. for damages after the latter terminated a lifetime‑supply agreement, causing the plaintiff’s Nagpur plant to become idle. The defendants contended that four purchase orders contained an ouster clause confining all disputes …

K. SRIKANTH SINGHversusM/S. NORTH EAST SECURITIES LTD. AND ANR.

2007 INSC 771Appeal(s) allowed

The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act against a company and its directors for dishonouring a cheque. The appellant, a director, argued that he was not a director at the relevant time and that the complaint failed to satisfy the statutory …

UNION OF INDIA AND ANR.versusS.S. GILL

2007 INSC 765Disposed off

The Supreme Court examined whether Short Service Commissioned Officers transferred from the Army to the CRPF could have their previous Army service counted for seniority under Rule 8(b)(i) of the Central Reserve Police Force Rules, 1955. The Union of India argued that the rule does not allow such …

STATE OF M.P.versusKUSUM

2007 INSC 766Dismissed

The respondent, convicted of murder and sentenced to life imprisonment, applied for release on probation under the Madhya Pradesh Prisoners' Release on Probation Act, 1954. The State issued a circular on 3 August 2005 stating that convicts whose bail applications were rejected and whose appeals were …

R.J. SHAH AND CO.versusH.P. STATE ELECTRICITY BOARD

2007 INSC 767Disposed off

R.J. Shah appealed to the Himachal Pradesh High Court against a judgment of a single judge of that court, invoking the Letters Patent of the former Lahore High Court under Clause 9/10. The High Court held that the Lahore Letters Patent did not apply to Himachal Pradesh, that no appeal under those …

A.A. GOPALAKRISHNANversusCOCHIN DEVASWOM BOARD AND ORS.

2007 INSC 764Appeal(s) allowed

The land of Survey No. 1042/2, belonging to the Karikkode Sastha and Vishnu Temple managed by the Cochin Devaswom Board, was alleged to be encroached upon by respondents 3 and 4. The High Court directed the Board to take possession and allowed the encroachers to sue for title, which they did, later …

ALEQUE PADAMSEE AND ORS.versusUNION OF INDIA AND ORS.

2007 INSC 760Disposed off

The petitioners alleged that the police in Maharashtra and Gujarat failed to register FIRs against two respondents for alleged communal speeches constituting cognizable offences and also failed to grant sanction under Section 196 of the CrPC. They sought a writ under Article 32 directing the police …

STATE OF MAHARASHTRAversusRAJU BHASKAR POTPHODE

2007 INSC 762Dismissed

The State of Maharashtra charged Raju Bhaskar Potphode with murder under Section 302 IPC for allegedly stabbing Sunil Gore during a cricket match dispute. The trial court convicted Potphode based primarily on the testimony of PW‑2, a close relative of the deceased, despite other witnesses recanting …

MICROWAVE PROJECT, KOTA AND ANR.versusRAMESH CHAND

2007 INSC 763Appeal(s) allowed

Ramesh Chand was engaged as a casual labourer for a specific microwave project and worked for more than 240 days before the project was completed and the office was abolished. He challenged his termination, arguing that it violated the mandatory requirements of Section 25-F of the Industrial …

RAJESH KUMAR DARIAversusRAJASTHAN PUBLIC SERVICE COMMISSION AND ORS.

2007 INSC 761Case Partly allowed

The Rajasthan Public Service Commission (RPSC) conducted the Rajasthan Judicial Service examination for Munsiff‑Magistrate posts and selected candidates, reserving 20% of vacancies for women category‑wise as a horizontal reservation under Rule 9(3) of the Rajasthan Judicial Service Rules. Several …

MOHD. YASEENversusSTATE OF U.P.

2007 INSC 758Disposed off

Mohd. Yaseen was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to one year of rigorous imprisonment. His appeal was dismissed and a revision petition before the Allahabad High Court was also rejected. He filed a petition under Section 482 of the …

MAULANA NASEERUDDLN MOHD. HANEEFUDDLNversusSTATE OF GUJARAT

2007 INSC 759Dismissed

The appellant, Maulana Naseeruddin, was charged under the Prevention of Terrorism Act, 2002 (POTA) and the IPC for allegedly conspiring to murder Hindu leaders by training youths in Pakistan. A confessional statement was recorded by the DCP under Section 32 of POTA on 7 November 2004, which the …

UNITED INDIA INSURANCE CO. LTD.versusM/S. GREAT EASTERN SHIPPING CO. LTD

2007 INSC 756Dismissed

The respondent, a shipper of sugar imported from China, purchased a marine insurance policy which was later extended for inland destinations in India upon payment of an additional premium. The sugar, stored temporarily in sheds at Calcutta port, was destroyed by fire. The insurer denied liability, …

HARIDAS DASversusSMT. USHA RANI BANIK & ORS.

2007 INSC 757Disposed off

Haridas Das filed an interim application in Civil Appeal No. 7948/2004 making serious allegations of corruption and immorality against the Chief Justice of India and several other judges. The Supreme Court issued a show‑cause notice, and the applicant’s reply contained even more contemptuous …

STATE, CBI, HYDERABADversusEDWIN DEVASAHAYAM

2007 INSC 753Appeal(s) allowed

The accused, an Assistant Commercial Manager in the Indian Railways, demanded and accepted a Rs 300 bribe from his subordinate, PW‑1, leading to a CBI investigation and charge‑sheet. The Special Judge convicted him under Section 7 of the Prevention of Corruption Act, 1988. The Andhra Pradesh High …

MUKKARRAM ALI KHANversusSTATE OF U.P. & ORS.

2007 INSC 754Appeal(s) allowed

Mukkarram Ali Khan appealed against an order of the appellate authority under the Urban Land Ceiling Regulation Act, 1976, contending that the issues had already been decided by a prior order. The High Court refused to interfere, holding that the point was not raised before it. The appellant …

M/S. HMT LTD .versusCOMMNR. CENTRAL EXCISE & CUSTOMS, AURANGABAD

2007 INSC 755Dismissed

The appellant, HMT Ltd., a manufacturer of dairy machinery, classified its machines such as pasteurizers, chillers, pumps, separators and butter packing machines under Chapter 84.34 of the Central Excise Tariff Act, 1985. The revenue authorities issued show‑cause notices alleging mis‑classification …

A.M. RAMANNAversusLAND TRIBUNAL, MANDY TALUK AND ORS.

2007 INSC 749Appeal(s) allowed

The dispute concerned a parcel of land mortgaged by Bore Gowda to his brother Thammaiah in 1960, redeemed in 1963, and allegedly leased to Thammaiah. Bore Gowda later sold the land to his father‑in‑law Karigowda, who in turn sold it to the appellant Ramanna in 1972. Thammaiah claimed occupancy …

PAPER PRODUCTS LTD .versusCOMMNR. OF CENTRAL EXCISE, MUMBAI

2007 INSC 750Disposed off

Paper Products Ltd., a manufacturer of printed flexible packaging, was found by the Central Excise authorities to have omitted the cost of its printing cylinders from the assessable value of its laminates and pouches, leading to a demand for additional duty and a penalty. The Tribunal remanded the …

BANSHILAL SONI (DEAD) THROUGH LRS.versusKASTOOR CHAND BEGANI (DEAD) BY L.RS. & ORS.

2007 INSC 751Disposed off

The plaintiff claimed that the defendants had agreed to sell a house for Rs 5 lakhs and had taken an advance of Rs 50,000, seeking specific performance of the sale. The defendants contended that the Rs 50,000 was a loan secured by an agreement to sell the house as collateral, and that the plaintiff …

ASIS KUMAR SAMA NT& ORS.versusSTATE OF WEST BENGAL & ORS.

2007 INSC 752Matter referred to larger bench

The petitioners, who were directly recruited to the West Bengal State Forest Service in March 1990, challenged the grant of retrospective seniority to officers promoted in 1991 under Rule 6(2) of the West Bengal Service (Determination of Service) Rules, 1981, which made the promotees senior to the …

PUNJAB NATIONAL BANKversusSAHUJAIN CHARITABLE SOCIETY AND ORS.

2007 INSC 745Appeal(s) allowed

Punjab National Bank (PNB) held 66.94% of the shares in a co‑owned property and sought its partition. A preliminary decree in 1977 allotted the bank 83 of 124 shares and ordered a public auction of the property, but the auction was never carried out. After several fresh valuations and a confirmed …

M/S. DLF POWER LIMITEDversusCENTRAL COALFIELDS LTD. AND ANR.

2007 INSC 746Hearing Adjourned

The Supreme Court heard civil appeals challenging the Appellate Tribunal for Electricity’s dismissal of an appeal against the Jharkhand State Electricity Regulatory Commission’s tariff order concerning two power plants of DLF Power Ltd. The Court examined whether the State Commission had …

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARDversusNANDI COLD STORAGE PVT. LTD.

2007 INSC 743Case Partly allowed

The Karnataka Industrial Areas Development Board allotted a 2.5‑acre plot to Nandi Cold Storage Pvt Ltd for a cold‑storage project. Subsequent litigation by the original landowners resulted in a High Court stay order, preventing construction, and the company's loan from Karnataka State Financial …

MAHATMA GANDHI SAHAKRA SAKKARE KARKHANEversusNATIONAL HEAVY ENGG. COOP. LTD. AND ANR.

2007 INSC 747Appeal(s) allowed

The appellant, a Karnataka co‑operative sugar society, contracted a respondent to design, supply, erect and commission a sugar plant, with the respondent furnishing a bank guarantee. The guarantee stipulated that the bank would pay the appellant on demand without demur, and the appellant alone would …

RAM SUNDER RAMversusUNION OF INDIA & ORS.

2007 INSC 748Dismissed

Ram Sunder Ram, a Petrol, Oil and Lubricants clerk in the Indian Army, was alleged to have received illegal money for the clandestine sale of gas. A court of inquiry found him guilty of a prejudicial act, after which he was shown cause; his reply was deemed unsatisfactory and he was discharged from …

MANJULA SINHAversusSTATE OF U.P. & ORS.

2007 INSC 744Disposed off

Manjula Sinha filed a petition under Section 482 of the CrPC seeking quashing of an FIR registered under Sections 498A and 406 IPC. The Allahabad High Court dismissed the petition, directing that she not be arrested and imposing a maintenance condition. On appeal, the Supreme Court examined the …

NATIONAL COUNCIL FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.

2007 INSC 741Dismissed

The National Council for Civil Liberties (NCL) filed a public‑interest writ petition under Article 32 alleging that the Narmada Bachao Andolan (NBA) and its activists, including Medha Patkar and Rahul Banerjee, had received foreign funds and supplied arms and explosives to obstruct national dam …

ADHUNIK STEELS LTD.versusORISSA MANGANESE AND MINERALS PVT. LTD.

2007 INSC 742Disposed off

O.M.M. Private Limited, holder of a mining lease, terminated its contract with Adhunik Steels Ltd., alleging violation of Rule 37 of the Mineral Concession Rules, 1960. Adhunik filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an interim injunction to restrain …

CONTROLLER OF DEFENCE ACCOUNTS, DEHRADUN AND ORS.versusDHANI RAM AND ORS.

2007 INSC 738Appeal(s) allowed

The respondents, who had worked as casual labourers in the office of the Controller of Defence Accounts between 1989 and 1995, claimed entitlement to regularisation under the Government of India's 1993 "Casual Labourers (Grant of Temporary Status and Regularisation) Scheme" after being disengaged …

NEW INDIA ASSURANCE COMPANY LTD.versusSMT. SHANTI PATHAK AND ORS.

2007 INSC 739Case Partly allowed

The Supreme Court examined two motor accident death claims where the Motor Accidents Claims Tribunal had applied multipliers based on the age of the deceased to calculate loss‑of‑income compensation under Section 173 of the Motor Vehicles Act, 1988. In the first case, a 25‑year‑old deceased’s …

M/S R.N. JADI & BROTHERS AND ORS.versusSUBHASHCHANDRA

2007 INSC 740Appeal(s) allowed

The appellants were served summons but filed their written statement two days after the 90‑day deadline prescribed by Order VIII Rule 1 of the Code of Civil Procedure (CPC). The trial court nevertheless accepted the statement, a decision challenged before the Karnataka High Court on the ground that …

NATIONAL INSURANCE CO. LTD.versusSMT. SOBNA IAKAI AND ORS.

2007 INSC 726Appeal(s) allowed

The National Insurance Co. issued a motor insurance policy to the respondents that expired on 29‑06‑1994. An accident occurred on 20‑07‑1994 at 9:15 a.m., three weeks after the policy had lapsed, and the policy was renewed only at 2:00 p.m. on the same day via a Motor Renewal Endorsement. The claim …

STATE OF KERALA AND ORS.versusK. PRASAD AND ANR.

2007 INSC 727Appeal(s) allowed

Two aided primary schools in Kerala applied for upgradation to secondary level but the State rejected the applications citing lack of funds and non‑compliance with the Kerala Education Rules, 1959. The schools claimed discrimination, arguing that two other schools had previously been upgraded by …

M/S A.P. PRODUCTSversusSTATE OF ANDHRA PRADESH AND ORS.

2007 INSC 728Dismissed

A.P. Products purchased various spices that were taxable under Entry 182 of the First Schedule of the Andhra Pradesh General Sales Tax Act, 1957. It mixed and ground these spices to produce masala powder and claimed that, because the ingredients had already been taxed, the finished product should be …

COMMISSIONER OF INCOME TAX, KERALAversusM/S. TARA AGENCIES

2007 INSC 729Appeal(s) allowed

The Commissioner of Income Tax, Kerala appealed against the High Court’s order allowing Tara Agencies to claim a weighted deduction under Section 35B(IA) of the Income Tax Act for export‑related expenses. Tara Agencies purchased various grades of tea, blended them, and exported the blended product. …

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.

2007 INSC 730Hearing Adjourned

The Supreme Court entertained a public‑interest writ petition filed by the People’s Union for Civil Liberties seeking compliance with its earlier direction that the Government of India sanction and operationalise a minimum of 14 lakh Anganwadi centres under the Integrated Child Development Scheme by …

CHAIRMAN & M.D., K.S.R.T.C.versusK.O. VARGHESE AND ORS.

2007 INSC 731Appeal(s) allowed

The Kerala State Road Transport Corporation (KSRTC), an autonomous corporation established under the Road Transport Corporation Act, 1950, sought to defer the implementation of enhanced pension benefits recommended by the Fifth Kerala Pay Commission due to its precarious financial condition. The …

RAMCHANDRA SAKHARAM MAHAJANversusDAMODAR TRIMBAK TANKSALE (D) AND ORS.

2007 INSC 732Disposed off

Ramchandra Sakharm Mahajan filed a suit for declaration of joint title with defendants 10‑13 and for recovery of possession of a portion of land against defendants 1‑9, relying on a lease deed dated 21‑July‑1875. The trial court dismissed the suit, refusing to allow a belated amendment of the plaint …

STATE OF KARNATAKAversusKHATU@ HANUMANTHARAYA

2007 INSC 733Case Allowed

The State of Karnataka prosecuted Khatua for setting his brother‑in‑law on fire, resulting in death. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment. On appeal, the Karnataka High Court altered the conviction to Section 304 Part‑II IPC, reasoning …

GENERAL INSURANCE COUNCIL AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

2007 INSC 734Disposed off

The General Insurance Council filed a writ petition seeking a direction to all State Governments and Union Territories to ensure that police officers comply with Section 158(6) of the Motor Vehicles Act, 1988, which obliges them to forward accident reports to the appropriate Claims Tribunal and …

M/S. DIT (INTERNATIONAL TAXATION), MUMBAIversusM/S. MORGAN STANLEY & CO.

2007 INSC 735Case Partly allowed

Morgan Stanley & Co. (MSCo) sought an advance ruling on whether it had a permanent establishment (PE) in India through its Indian subsidiary, Morgan Stanley Advantage Services Pvt Ltd (MSAS), and on the appropriate transfer pricing method for the services rendered. The Authority for Advance Rulings …

KISHOR KIRTILAL MEHTA AND ORS.versusLILAVATI KIRTILAL MEHTA MEDICAL TRUST AND ORS.

2007 INSC 736Disposed off

The Supreme Court considered appeals arising from a suit concerning the administration of the Lilavati Kirtilal Mehta Medical Trust under the Bombay Public Trust Act, 1950. The trial court had struck out portions of the written statements of defendants 11‑13 and parts of the plaintiff's affidavit, …

COMMISSIONER OF CUSTOMS, CALCUTTAversusSOUTH INDIA TELEVISION (P) LTD.

2007 INSC 737Dismissed

The importer South India Television Ltd. imported ceramic capacitors and diodes from Hong Kong and declared low invoice prices. The Customs Department issued a show‑cause notice alleging under‑invoicing and invoked Rule 8 of the Customs Valuation Rules to enhance the assessable value based on export …

STATE OF PUNJAB AND ORS.versusSANJEET SINGH GREWAL AND ORS.

2007 INSC 724Dismissed

The Punjab Government issued notifications under Section 4 of the Land Acquisition Act to acquire 9,354 acres for the proposed new town of Anandgarh. Writ petitions challenged the acquisition, arguing that the Punjab Regional and Town Planning and Development Act, 1995 required the Board constituted …

RAM KRISHAN MAHAJANversusUNION TERRITORY OF CHANDIGARH AND ORS.

2007 INSC 725Dismissed

The Chandigarh Administration issued notifications under Section 4 of the Land Acquisition Act, 1894 to acquire lands in Mani Majra for Scheme Nos.2 and 3, which the petitioners challenged on the ground that the acquisition was not for a "building scheme" under Section 192 of the Punjab Municipal …

BALBIR SINGHversusSTATE OF DELHI

2007 INSC 711Dismissed

Balbir Singh and Paljit Kaur were charged under Sections 3, 4, 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and Sections 25 and 26 of the Arms Act, 1959 for offences alleged to have occurred on 5 December 1992. The Designated TADA Court, on 19 April 1997, held the …