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Judgments of 2007

1324 judgments · newest first · showing 601–800

STATE. NCT OF DELHIversusMALVINDER SINGH

2007 INSC 712Appeal(s) allowed

The accused were stopped by a police patrol team on a public road after an informer disclosed that they possessed opium. The police, aided by senior officers, searched the scooter and recovered opium, leading to conviction under Section 17 of the NDPS Act. The accused appealed, arguing that the …

MANUBHAI ATABHAIversusSTATE OF GUJARAT

2007 INSC 713Dismissed

Manubhai Atabhai and his brothers attacked the complainant's son, Danabhai, during a dispute over a wall. Manubhai stabbed Danabhai in the stomach with a six‑inch knife, causing a deep wound that penetrated the liver, a vital organ, and the victim died instantly. The trial court convicted Manubhai …

STATE OF U.PversusSURENDRA KUMAR SOLANKI

2007 INSC 714Disposed off

The State of Uttar Pradesh appealed against a Allahabad High Court order that granted bail to Surendra Kumar Solanki, an accused under IPC sections 363 and 366 and the SC/ST Act, 1989. While granting bail, the High Court issued sweeping criticisms of the State Government and police, alleging …

SUKHDEVversusSTATE OF PUNJAB

2007 INSC 715Dismissed

The appellant Sukhdev was charged with murder of his brother‑in‑law Kishan Singh and with causing injuries to two other persons under Sections 302, 324 and 326 of the IPC. The incident arose from a quarrel after Sukhdev alleged that the deceased had set fire to a heap of chaff; he retrieved a knife …

SHAIKAH BAKSHU AND ORS.versusSTATE OF MAHARASHTRA

2007 INSC 716Appeal(s) allowed

The deceased Rubina, a married woman, died from severe burn injuries allegedly caused by her husband, sister‑in‑law and mother‑in‑law who were charged under IPC s.302 read with s.34 and s.498‑A. The trial court and the Bombay High Court convicted the accused primarily on two dying declarations …

STATE OF PUNJAB AND ORS.versusKULDIP SINGH

2007 INSC 717Case Partly allowed

Kuldip Singh was injured when police fired on him during a terrorist chase on 7 July 1991, resulting in the loss of his right forearm. He received a special ex-gratia grant of Rs 20,000 and Rs 3,378 for medical expenses under a 1991 government notification that fixed a ceiling for such relief. Ten …

PRABHAKARANversusSTATE OF KERALA

2007 INSC 718Case Partly allowed

A ten‑year‑old boy was fatally run over by a bus driven at high speed by the appellant. The trial court convicted the driver under Section 304 Part II of the IPC for culpable homicide not amounting to murder, imposing five years' rigorous imprisonment, a decision affirmed by the Kerala High Court. …

STATE OF RAJASTHANversusCHITTARMAL

2007 INSC 719Dismissed

The deceased's father and brother died after touching a live electric wire that the accused, Chittarmal, had allegedly fixed near a field. The prosecution alleged that the wire was placed with the intention to kill the father, leading to a conviction under Section 302 IPC by the trial court. The …

KRISHNA & ANRversusSTATE OF U.P

2007 INSC 720Dismissed

Krishna, Kaira and Sumera borrowed money from Chunua Chamar and later denied the debt. When the deceased went to lodge a police complaint, the accused assaulted him with lathis, causing his death. The trial court convicted them of murder, attempt to murder and assault under Sections 302, 307 and 323 …

STATE OF MADHYA PRADESH & ANR.versusBACHHA LAL & ANR.

2007 INSC 721Case Allowed

The brothers Bachha Lal and others sued a Sales Tax Officer of the State of Madhya Pradesh alleging that he abused his powers to conduct illegal searches, revoked their sales‑tax registration and lodged a false criminal complaint under Section 353 IPC, leading to a malicious prosecution claim. The …

CENTRAL BUREAU OF INVESTIGATIONversusSTATE OF GUJARAT

2007 INSC 722Appeal(s) allowed

The Chief Judicial Magistrate ordered the Central Bureau of Investigation (CBI) to investigate a theft of cash (Muddamal) and later rejected the CBI's request to recall that order. The CBI challenged both orders before the Gujarat High Court, which held the petition non‑maintainable, directing that …

KULWANT SINGH@ KULBANSH SINGHversusSTATE OF BIHAR

2007 INSC 723Dismissed

Kulwant Singh and Awadh Singh were convicted under Section 302 read with Section 109 of the IPC for abetting the murder of Manji Singh by Uma Shankar, who shot the victim after being urged to do so. The appellants challenged the conviction on two grounds: that the eye‑witnesses were relatives of the …

HEERA AND ANR.versusSTATE OF RAJASTHAN

2007 INSC 705Dismissed

The appellants were convicted under Section 395 IPC for assaulting a complainant at a petrol pump and stealing cash. The trial court relied on eyewitness testimony and a test identification parade (TI parade) in which the accused were identified by two witnesses; the prosecution also recovered the …

STATE OF HARYANAversusJAGAT PAUL & ORS.

2007 INSC 706Disposed off

The deceased and his brother were attacked with lathis and gandasis by four accused, resulting in the deceased's death due to severe head injuries. The trial court convicted all four under Section 302 read with Section 34 of the IPC and also under Section 323 with Section 34. The High Court …

HAZARILALversusSTATE OF M.P.

2007 INSC 707Appeal(s) allowed

Hazarilal and his mother were tried for offences under Sections 304B and 498A of the IPC after Hazarilal's wife, Dashoda Bai, died by self‑immolation ten days after giving birth. The trial court convicted both of the accused, but the Madhya Pradesh High Court acquitted them of the dowry‑death charge …

STATE OF U.P.versusRAJA RAM AND ORS.

2007 INSC 708Dismissed

The State of U.P. appealed against the Allahabad High Court’s judgment acquitting three of six accused in a murder case. The deceased, Yadunath Chauhan, was allegedly attacked by six men, two with spears and four with lathis, on the exhortation of Ram Prasad, resulting in his death. The trial court …

STATE OF U.P.versusJAI PRAKASH

2007 INSC 709Dismissed

The dead body of a seven‑year‑old boy was recovered from a well; he had last been seen with the accused, Jai Prakash, who was alleged to have animosity towards the victim’s family and a motive to use the child to facilitate a sexual assault on a woman. The trial court convicted the accused under …

LALA RAMversusSTATE OF RAJASTHAN

2007 INSC 710Dismissed

The appellant Lala Ram and others were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Prabhu and Raghuveer, who were attacked by a large group. The High Court upheld the conviction based on the testimony of PW‑3, who gave water to the dying victims, and …

STATE OF MAHARASHTRA & ORS.versusMEHAMUD

2007 INSC 701Case Partly allowed

The State of Maharashtra detained Mehamud under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981, labeling him a "dangerous person" on the basis that he was involved in fourteen criminal cases and several pending offences under IPC Chapters …

KISHORI LALversusSTATE OF M.P.

2007 INSC 702Appeal(s) allowed

The appellant, Kishori Lal, was convicted under Section 306 of the IPC for abetment of his wife Rajkumari's suicide. The Supreme Court examined whether the prosecution had established any act of incitement or assistance by the husband, as required under Section 107 IPC. It held that "abetment" …

STATE OF MADHYA PRADESHversusCHAMRU@BHAGWANDAS ETC. ETC.

2007 INSC 703Dismissed

The State of Madhya Pradesh charged Chamru and Geetabai with the quadruple murder of a family, alleging the accused acted out of a land dispute. Three child witnesses identified the accused in a Test Identification Parade, leading the trial court to convict Chamru (death) and Geetabai (life …

DAYA RAMversusRAGHUNATH & ORS.

2007 INSC 700Case Partly allowed

The case concerned a plot of land allotted to Respondent No. 1 under the U.P. Zamindari Abolition Act, 1950. The appellant, a co‑villager, challenged the allotment on the ground that the respondent was not land‑less and that procedural requirements were not complied with. The Collector cancelled the …

NIRANJAN SINGHversusSTATE OF MADHYA PRADESH

2007 INSC 696Dismissed

The appellants, including Niranjan Singh, were convicted for robbery and for attempting to cause grievous hurt after they assaulted the shopkeeper with a knife, inflicting injuries on his chest just below the nipple and on his arm. The appellants contended that the injuries did not amount to …

DEEPAK RAJAKversusSTATE OF WEST BENGAL

2007 INSC 697Appeal(s) allowed

The appellant, Deepak Rajak, was convicted under Sections 302 and 201 read with Section 34 of the IPC. The co‑accused in the same case were later acquitted by the Supreme Court. The appellant sought to enjoy the benefit of that acquittal, but the State argued that he was not entitled because he had …

STATE OF PUNJABversusSANJIV KUMAR@ SANJU AND ORS.

2007 INSC 698Dismissed

The State of Punjab appealed against the Punjab & Haryana High Court's acquittal of six accused persons in a case where nine individuals were charged under Sections 302, 323 read with Section 149 IPC for a violent altercation over photographs that resulted in two deaths. The trial court had …

STATE OF RAJAS THANversusOM PRAKASH

2007 INSC 693Appeal(s) allowed

The State of Rajasthan appealed against the acquittal of Om Prakash, who had been convicted for murder under Section 302 IPC by the trial court based primarily on the testimony of a single eyewitness who was the younger brother of the deceased. The Rajasthan High Court set aside the conviction, …

ASHOK PANDEYversusKM. MAYAWATI AND ORS.

2007 INSC 694Dismissed

The petition under Article 32 sought a writ of quo warranto against the Chief Minister and a Minister, alleging that their appointment was invalid because they were members of the Rajya Sabha and not of the State Legislature, thus supposedly falling outside Article 164(4). The Supreme Court examined …

STATE OF MADHYA PRADESHversusSEWA SINGH

2007 INSC 695Dismissed

The deceased was in police custody and was alleged to have been slapped and kicked on his testicles by the Sub‑Inspector, resulting in his death. The trial court convicted the Sub‑Inspector under Section 304 Part II of the IPC based on the testimony of a witness (PW‑6). The High Court acquitted, …

ASHOK KUMARversusSTATE OF N.C.T. OF DELHI AND ORS.

2007 INSC 692Appeal(s) allowed

The appellant, Ashok Kumar, was convicted under Sections 304B and 498A of the IPC for the death of his wife. He appealed to the Supreme Court, arguing that the presumption of dowry death under Section 113B of the Evidence Act does not apply because the marriage had lasted more than ten years, …

STATE OF RAJASTHANversusWAKTENG

2007 INSC 691Dismissed

The State of Rajasthan prosecuted Wakteng and two others for murder, relying on a statement recorded two days after the assault (Exb.P-10) as a dying declaration and on the recovery of a sword allegedly used in the crime. The High Court acquitted the accused, holding that the statement could not be …

K.V.S. AND ORSversusJASPAL KAUR AND ORS.

2007 INSC 688Appeal(s) allowed

Respondent No.1, a teacher employed by Kendriya Vidyalaya Sangathan (KVS), exercised the option to remain in the Contributory Provident Fund (CPF) scheme and was allotted a CPF account number. She later sought to switch to the General Provident Fund (GPF) scheme, but KVS rejected her request, …

ANANTA DEB SINGHA MAHAPATRA AND ORS.versusSTATE OF WEST BENGAL

2007 INSC 689Appeal(s) allowed

The appellants were convicted for murder (IPC s.304 Part II) and related offences after assaulting the deceased and his family while cutting paddy from their field. They contended that the FIR was tampered with and that they acted in private defence. The Supreme Court held that the FIR was genuine …

AJAY SINGHversusSTATE OF MAHARASHTRA

2007 INSC 690Appeal(s) allowed

The accused Ajay Singh was convicted of murdering his wife under Section 302 IPC, primarily on the basis of an alleged extra‑judicial confession and the presence of kerosene on his clothing. The Supreme Court examined whether the confession, recorded by witnesses who were either inimical or had a …

SHIV ANAND MALLAPPA KOTIversusTHE STATE OF KARNATAKA

2007 INSC 681Appeal(s) allowed

The husband (appellant) was convicted under Section 498‑A of the IPC for the death of his wife by burn injuries, the prosecution alleging a dowry demand. The trial court also convicted the mother‑in‑law and brother‑in‑law under the same provision and the Dowry Prohibition Act, but the High Court …

THE COMMISSIONER. PROHIBITION AND EXCISE, A.P. AND ANR.versusSHARANA GOUDA

2007 INSC 682Appeal(s) allowed

The respondent owned a jeep that was taken by a friend and used to transport contraband liquor, leading to its seizure under the Andhra Pradesh Excise Act, 1968. The respondent filed a writ petition claiming he had no knowledge of the offence and that mens rea was required for confiscation. The High …

STATE OF RAJASTHANversusBABU RAM

2007 INSC 683Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Babu Ram, who had been found with contraband in a bag and convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Rajasthan High Court set aside the conviction on the ground that Section 50 of the NDPS Act, …

JAGVIR SINGH AND ORS.versusSTATE(DELHI ADMN.)

2007 INSC 684Dismissed

The appellants Jagvir Singh and others were convicted by a trial court under IPC sections 342, 365, 330 read with 34. The Delhi High Court upheld the conviction, observing that the appellants’ counsel had not challenged the conviction but only argued on the quantum of sentence, and it found the …

IQBALBANOversusSTATE OF U.P. AND ANR.

2007 INSC 685Disposed off

Iqbalbano, married in 1959, filed a petition under Section 125 of the Code of Criminal Procedure in 1992 seeking maintenance from her husband, who claimed that he had divorced her by pronouncing "Talaq" three times, had paid the Mehr and that the Iddat period had ended. The Judicial Magistrate …

OM PRAKASHversusSTATE (NCT) OF DELHI

2007 INSC 686Disposed off

Om Prakash was convicted under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling 'Khoya' whose milk‑fat content was 19.07% instead of the prescribed minimum of 20%. The trial court sentenced him to six months' imprisonment and a fine of Rs 2,000. After …

STATE OF HARYANAversusSURESH

2007 INSC 687Appeal(s) allowed

The appellant State of Haryana appealed the High Court's acquittal of Suresh, who had been convicted under Section 18 of the NDPS Act for possession of opium discovered in a false bottom of his attaché case. The High Court set aside the conviction on the ground that the search of the bag violated …

BAPU@ GAJRAJ SINGHversusSTATE OF RAJASTHAN

2007 INSC 679Dismissed

The appellant, Bapu/Gajraj Singh, was convicted of murder under s.302 IPC for beheading his wife with a blood‑stained sickle. He claimed exemption under s.84 IPC, asserting that he was of unsound mind at the time of the offence. The trial court and the Rajasthan High Court rejected the plea, and the …

STATE OF MADHYA PRADESH.versusNISAR

2007 INSC 680Dismissed

The State of Madhya Pradesh prosecuted Nisar for the double murder of two graziers under Section 302 of the Indian Penal Code. The prosecution’s case relied on Nisar’s alleged extra‑judicial confession, the recovery of the victims' bodies, and an axe found stained with human blood, although the …

ANIL PRAKASH SHUKLA AND ORS .versusARVIND SHUKLA AND ANR.

2007 INSC 675Dismissed

The case involved a murder under Section 302 IPC where the prosecution relied on the dying declaration of the deceased, Atul Prakash Shukla, and the testimony of the sole eyewitness, Anil Prakash Shukla. The deceased gave his statement to the investigating officer twenty days after the incident, …

STATE OF HARYANAversusSURENDER AND ORS. ETC.

2007 INSC 676Appeal(s) allowed

The case involved four accused who, during a robbery on a train in 1994, stabbed one passenger to death and shot another. Eye‑witnesses, who were the victim’s siblings, identified the accused in court, leading to conviction by the trial court. The High Court acquitted them on the ground that no test …

MAHARASHTRA UNIVERSITY OF HEALTH SCIENCESversusPARYANI MUKESH JAWAHARLAL & ORS.

2007 INSC 677Disposed off

The Maharashtra University of Health Sciences prescribed, through its 2002 Ordinance, that internal assessment marks (20% of total) are to be used only for eligibility and aggregate calculation, while theory (including orals) and practicals are to be passed on the basis of external examination marks …

SUKHDEV SINGHversusSTATE OF HARYANA

2007 INSC 678Disposed off

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years' imprisonment. He appealed, but the Punjab and Haryana High Court disposed of his appeal ex parte because his counsel was absent, despite uncertainty whether notice of …

MANIK DAS AND ORS.versusSTATE OF ASSAM

2007 INSC 673Dismissed

The appellants, five men including Manik Das, were convicted of murder under IPC s.302 read with s.34 for assaulting Anil Das with spears, which led to his death. The prosecution relied on eye‑witness statements and a post‑mortem report that matched the witnesses' accounts, naming all five accused. …

RAJESH KUMAR SINGHversusHIGH COURT OF JUDICATURE OF MADHYA PRADESH, BENCH GWALIOR

2007 INSC 674Appeal(s) allowed

A Judicial Magistrate complained that a police officer had used unwarranted language in his courtroom and sent the complaint to the Inspector General of Police, who directed a departmental inquiry. The Sub‑Divisional Police Officer (the appellant) conducted the inquiry, recorded statements of …

M/S GOA SHIPYARD LTD.versusBABU THOMAS

2007 INSC 670Appeal(s) allowed

The Supreme Court examined whether the amendment to Goa Shipyard Officers' Conduct, Discipline and Appeal Rules, 1979—made by a circular board resolution—was valid despite lacking an explicit effective date, and whether the Board could retrospectively ratify the amendment to validate the dismissal …

M/S. SHAKTHI SEEDS PVT. LTD.versusDY. COMMNR. (CT) AND ANR.

2007 INSC 671Appeal(s) allowed

Mis. Shakthi Seeds Pvt. Ltd., a registered dealer in agricultural seeds, claimed exemption from sales tax on certain seed varieties by invoking G.O.Ms. No. 604 (1991) and G.O.Ms. No. 129 (1989), asserting that the seeds were either certified or truthfully labelled. The Deputy Commissioner, after …

STATE OF GUJARAT AND ANR.versusSHAILESHBHAI MANSUKHLAL SHAH AND ANR.

2007 INSC 672Case Allowed

The State of Gujarat prosecuted Shaileshbhai Mansukhlal Shah and another under Sections 7(i) and (v) of the Prevention of Food Adulteration Act, 1954. The accused, dissatisfied with the public analyst's report, invoked Section 13(2) to obtain a second analysis of the food sample by the Central Food …

COMMISSIONER OF CENTRAL EXCISE,CHANDIGARHversusM/S. PEPSI FOODS LTD.

2007 INSC 668Case Partly allowed

The appellant, Commissioner of Central Excise, Chandigarh, issued a show‑cause notice in 2000 alleging that Pepsi Foods Ltd had evaded excise duty on sales tax collected. Pepsi had earlier claimed a sales‑tax exemption which was rejected, paid excise duty on a reduced price, and later, while the …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusINDERJIT SINGH

2007 INSC 669Appeal(s) allowed

The workman, Inderjit Singh, claimed that he had been continuously employed as a carpenter by the Punjab State Electricity Board from 31 March 1993 until his termination on 30 April 1997 and sought reinstatement with back wages. The Labour Court held in his favour, directing reinstatement and 50% …

BYVARAPU RAJUversusSTATE OF ANDHRA PRADESH AND ANR.

2007 INSC 667Case Partly allowed

The appellant Byvarapu Raju and his mother were convicted for the death of the appellant's father under Sections 302 and 201 IPC. The appellant contended that the killing occurred during a sudden quarrel and should fall under Exception 4 to Section 300, reducing the offence to culpable homicide not …

MR.C.GUPTAversusGLAXOSMITHKLIN PHARMACEUTICAL LIMITED

2007 INSC 666Dismissed

C. Gupta was appointed as an Industrial Relations Executive (management staff) of Glaxo‑SmithKline Pharmaceuticals and was terminated on 15 September 1982 under a clause allowing dismissal with three months' notice or salary in lieu. He claimed to be a "workman" under Section 2(s) of the Industrial …

COMMISSIONER OF CUSTOMS, KOLKATAversusM/S. PEERLESS CONSULTANCY SERVICES PVT. LTD.

2007 INSC 664Appeal(s) allowed

The Commissioner of Customs, Kolkata, rejected a claim for Duty Entitlement Pass Book (DEPB) credit made by Peerless Consultancy Services Pvt. Ltd. on the ground that the steel balls exported were grossly over‑invoiced and the declared Present Market Value (PMV) was inflated. The Commissioner issued …

COMMISSIONER OF CUSTOM, NEW DELHIversusM/S BROOKS INTERNA TI ON AL AND ORS.

2007 INSC 665Appeal(s) allowed

The case concerned appeals by the Commissioner of Customs against the confiscation of a consignment of readymade garments exported by Mis Brooks International for duty drawback. The revenue authorities seized the goods, invoking Sections 113(c) and (d) of the Customs Act, 1962, alleging that the …

ASSISTANT COMMISSIONER OF INCOME TAXversusRAJESH JHAVERI STOCK BROKERS PVT. LTD.

2007 INSC 662Appeal(s) allowed

The respondent, Rajesh Jha Ver! Stock Brokers Pvt. Ltd., filed its return for AY 2001‑02 showing a loss, which was processed under Section 143(1) of the Income Tax Act. The Assessing Officer later issued a notice under Section 148 alleging that the claim of bad debts was not allowable, and initiated …

AJNALA COOP. SUGAR MILLS LTD.versusSUKHRAJ SINGH

2007 INSC 663Disposed off

Ajnaala Coop. Sugar Mills Ltd. terminated the services of Sukhraj Singh, a seasonal daily‑wage worker. The Labour Court held the termination illegal under Section 25‑F of the Industrial Disputes Act, 1947, which requires a workman to have worked more than 240 days in the preceding twelve months, and …

STATE OF TRIPURA AND ORS.versusBINA CHOUDHARY AND ORS.

2007 INSC 660Appeal(s) allowed

A truck carrying illegal timber was seized under s.52A of the Indian Forest (Tripura Second Amendment) Act, 1986. The owner pleaded guilty and the offence was compounded on payment of Rs.10,000 as valuation and Rs.2,000 as compensation. The vehicle’s gear box was stolen from the forest range office, …

ZAMINDAR DHARMIK AND SHEKSHNIK NYASversusSIDDHANATH (DEAD) BY LRS.

2007 INSC 661Appeal(s) allowed

The case concerns a 3.23‑acre parcel that formed part of a religious and educational trust whose trustees (the appellants) sought to retain ownership after the Government issued an ejectment notice under s.248 of the Madhya Pradesh Land Revenue Code in 1969. The Sub‑Divisional Officer, exercising …

GARRISON ENGINEER (UTILITY) BHATINDAversusSHRI NARINDER SINGH

2007 INSC 658Disposed off

Shri Narinder Singh, a daily‑wage mazdoor, was engaged by the Garrison Engineer (Utility) of Bhatinda, a Defence Department establishment, from 1 January 1985 to 15 January 1987 and was terminated on 16 January 1987. After about five years he filed a reference seeking regularisation, contending that …

M/S. CONTINENTAL PROFILES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NEW DELHI

2007 INSC 659Dismissed

Continental Profiles Ltd appealed against the Commissioner of Central Excise challenging the classification of electric valve actuators under the Central Excise Tariff Act, 1985. The appellant argued that, based on Guindy Machines and Audco India decisions, the actuators should fall under …

RIZWAN AKBAR HUSSAIN SYYEDversusMEHMOOD HUSSAIN AND ANR.

2007 INSC 629Case Partly allowed

Rizwan Akbar Hussain Syyed was arrested for offences under the IPC and was released on bail by the Additional Chief Metropolitan Magistrate on 10 February 2006 upon furnishing a Rs 10,000 surety, without any specific conditions. The complainant filed an application for cancellation of bail, and a …

CATERPILLAR INDIA PVT. LTD.versusWESTERN COAL FIELDS LTD. AND ORS.

2007 INSC 630Disposed off

The petitioners, a private firm (Caterpillar) and a public sector enterprise (Bharat Earth Movers Ltd.), challenged a series of Government Office Memoranda that granted purchase preference to public sector enterprises (PSEs) in procurement of earth‑moving machines by coal‑field companies. They …

COMMISSIONER OF AGRICULTURAL INCOME TAXversusM.N.MONI

2007 INSC 627Disposed off

The Commissioner of Agricultural Income Tax appealed against a Kerala High Court order that set aside the findings of the Assessing Officer and the Agricultural Income Tax Appellate Tribunal, which had estimated income from 60.79 acres of coffee. The High Court had decided, on a reference under …

UNION OF INDIA AND ANR.versusA.K.NARULA

2007 INSC 631Appeal(s) allowed

The respondent, an Assistant Commandant in the CRPF, sought promotion to Second‑in‑Command on the ground that his service record was similar to that of a colleague, R.S. Virk, who had been promoted after his Confidential Report (CR) for one year was upgraded from 'good' to 'very good' by the …

MANJAPPAversusSTATE OF KARNATAKA

2007 INSC 632Case Partly allowed

The appellant Manjappa was convicted for voluntarily causing grievous hurt (IPC s.325) and simple hurt (IPC s.323) in 1997, receiving a cumulative sentence that was reduced by lower courts to one and a half months. He appealed to the Supreme Court seeking probation under CrPC s.360/361, arguing that …

DELTA MECHCONS (INDIA) LTD.versusM/S MARUBENI CORPORATION

2007 INSC 657Hearing Adjourned

The petitioner, Delta Mechcons, entered into four sub‑contracts for a power‑plant project with the respondent, Marubeni. The contracts contained an arbitration clause stipulating that each party would appoint one arbitrator and the two would jointly select a third arbitrator as chairman, who must …

COMMISSIONER OF INCOME TAX, UDAIPURversusM/S. HINDUSTAN ZINC LTD.

2007 INSC 634Appeal(s) allowed

The Commissioner of Income Tax, Udaipur assessed Hindustan Zinc Ltd. for the AY 1996-97, adding Rs 27.08 crore to income because the company wrote down its closing stock of zinc concentrate to the net realizable value based on the London Metal Exchange (LME) price, which was lower than the weighted …

AASHIRWAD FILMSversusUNION OF INDIA & ORS.

2007 INSC 635Case Allowed

Aashirwad Films, a distributor of Hindi movies in Andhra Pradesh, challenged the Andhra Pradesh Entertainment Tax Act, 1939 which imposed a 10% tax on Telugu films and a 24% tax on non‑Telugu films, alleging discrimination. The petition under Article 32 argued that the classification based solely on …

SURJIT SINGH AND ANRversusSTATE OF PUNJAB

2007 INSC 636Appeal(s) allowed

The case concerned the murder of Harbans Kaur and alleged criminal trespass and unlawful assembly by five police officers, of whom two (Surjit Singh, son of Gian Singh, and Daljit Singh) appealed. The trial court and High Court had convicted the appellants under Sections 302, 148, 149 and 450 of the …

C.C. ALAVI HAJIversusPALAPETTY MUHAMMED AND ANR

2007 INSC 628Dismissed

The appellant Alavi Haji filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the respondent Palapetty Muhammed had failed to pay a dishonoured cheque. The complaint stated that a notice was sent by registered post but was returned with an endorsement that the …

M/S. KAMAKSHI BUILDERSversusM/.S. AMBEDKAR EDUCATIONAL SOCIETY AND ORS.

2007 INSC 637Appeal(s) allowed

The appellant, Kamakshi Builders, entered into a partnership with the owner of a property (Respondent No.3) and, through an arbitration award, acquired ownership of the premises that had been leased to Ambedkar Educational Society (Respondent No.1). The society claimed title to the property on the …

THE KERALA STATE ELECTRICITY BOARDversusLIVISHA ETC. ETC.

2007 INSC 638Appeal(s) allowed

The Supreme Court examined appeals by the Kerala State Electricity Board (KSEB) against the High Court’s enhancement of compensation for fruit‑bearing trees cut to lay a 110 kV electric line. The Board had originally determined compensation under Section 10 of the Telegraph Act, 1885, using a 5% …

BAJRANG FACTORY LTD. AND ANRversusUNIVERSITY OF CALCUTTA AND ORS

2007 INSC 639Dismissed

The testator, Nerode Chandra Vasu Mullick, executed a will bequeathing his immovable property to his son Hamir Chandra Vasu Mullick for life, with further appointments to his sons, grandsons, or, failing male issue, to daughters or their sons. The will contained clauses allowing conversion of the …

BUDH SINGHversusSTATE OF M.P.

2007 INSC 640Disposed off

Budhsingh was convicted for murder under Sections 302/34 and 307/34 of the IPC. He appealed to the Supreme Court alleging that the FIR was not ante‑timed, that the investigation was defective, that the ballistic evidence was unreliable, and that the post‑mortem timing and lack of blackening of the …

NARAIN PRASAD AGGARWAL (D) BY LRS.versusSTATE OF M.P.

2007 INSC 642Disposed off

The plaintiff, Narain Prasad Aggarwal, claimed ownership of a parcel of land that had been auctioned in 1859 and subsequently passed down through his ancestors. The State of Madhya Pradesh asserted that the land was Nazul land held by the government on lease to the plaintiff's predecessor, Putri …

BIDHANNAGAR (SALT LAKE) WELFARE ASSONversusCENTRAL VALUATION BOARD AND ORS.

2007 INSC 643Disposed off

The Bidhannagar Welfare Association, whose members occupied lands and buildings in Bidhannagar Municipality, challenged the West Bengal Central Valuation Board (Amendment) Act, 1994, which altered the procedure for municipal tax valuation by removing the pre‑decisional hearing and vesting review …

SHEEL KR ROYversusSECRETARY M/O DEFENCE AND ORS.

2007 INSC 645Appeal(s) allowed

Sheel Kumar Roy, an Army serviceman who suffered from psychiatric illness, was repeatedly admitted to military hospitals and was on medical leave from July 1990 to July 1991. A Court of Enquiry under Army Rule 22 recommended that his period of absence be regularised as medical leave, but the …

NAGAR MAHAPALIKA KANPURversusSMT. VIBHA SHUKLA AND ORS.

2007 INSC 646Appeal(s) allowed

Vibha Shukla, a sports teacher, was appointed on a temporary basis under the Uttar Pradesh Municipal Corporations Adhiniyam, 1959, with successive extensions before being terminated in 1980. She challenged the termination and sought regularisation of her services under section 16(GG) of the Uttar …

DILIP N. SHROFFversusJOINT COMMISSIONER OF INCOME TAX, MUMBAI AND ANR.

2007 INSC 647Appeal(s) allowed

The appellant, a Hindu Undivided Family, reported a long‑term capital loss on the sale of its one‑fourth share in a property and relied on a valuation report prepared by a registered valuer. The Assessing Officer, after adopting a higher valuation by the District Valuation Officer, levied a penalty …

UCO BANK AND ANR.versusRAJINDER LAL CAPOOR

2007 INSC 648Dismissed

The respondent, a Branch Manager of UCO Bank, was superannuated on 1 November 1996 after show‑cause notices were issued for alleged irregularities in sanctioning PMRY loans. A charge‑sheet was issued only on 13 November 1998, well after his retirement, and disciplinary proceedings were launched …

SRI T. ASHOK PAIversusCOMMISSIONER OF INCOME TAX, BANGALORE

2007 INSC 649Appeal(s) allowed

T. Ashok Pai, an individual taxpayer whose returns were prepared by a professional group at Syndicate Bank, filed revised returns after the tax department demanded better particulars. The department later initiated penalty proceedings under section 271(1)(c) of the Income Tax Act, alleging …

S. RATHINAM@ KUPPAMUTHU AND ORS.versusL.S. MARIAPPAN AND ORS.

2007 INSC 650Dismissed

The case concerned a private family temple, Pechiamman Temple, whose management rights were disputed among two branches of the founding family. The plaintiff sought to invalidate the will of Lakshmanan Chettiar, arguing that the right to manage the temple (shebaitship) could not be transferred by …

RAMESH CHANDRA SHARMAversusPUNJAB NATIONAL BANK AND ANR.

2007 INSC 651Disposed off

Ramesh Chandra Sharma, a manager of Punjab National Bank, was charged with negligence and misconduct in loan disbursement. The disciplinary authority proved the charges and dismissed him, but he superannuated before the order was finalized. The High Court substituted the dismissal with a order …

VIJAYKUMAR BALDEV MISHRA @SHARMAversusST ATE OF MAHARASHTRA

2007 INSC 652Disposed off

The appellant, Vijay Kumar Baldev Mishra, was charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and IPC for a gang‑related murder. A Review Committee, set up under the Kartar Singh guidelines, recommended that the TADA provisions were inapplicable because the offence was …

SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRAversusSTATE OF KARNATAKA

2007 INSC 653Matter referred to larger bench

The appellant, Swamy Shraddananda (aka Murali Manohar Mishra), was convicted of murdering his wife, Shakereh, a wealthy woman who disappeared in May 1991. Investigations uncovered a wooden box in the backyard of their house containing skeletal remains identified through forensic, DNA and …

SMT. ASS KAUR (DECEASED) BY L.RS.versusKARTAR SINGH (DEAD) BY L.RS. AND ORS.

2007 INSC 654Dismissed

The case concerned the inheritance of ancestral land of the Sidhu Jat community in Punjab. After the death of Relu Singh, his two widows – Sobhi and Raj Kaur – and his two sons succeeded to the estate. When the sons died without issue, the property was mutated in favour of the widows, and Raj Kaur, …

M/S. AMBICA INDUSTRIESversusCOMMISSIONER OF CENTRAL EXCISE

2007 INSC 655Dismissed

Ambica Industries, carrying on business in Lucknow, was assessed to central excise there and appealed to the Central Excise and Service Tax Appellate Tribunal (CESTAT) in Delhi, which has jurisdiction over Uttar Pradesh, Delhi and Maharashtra. The appellant filed a further appeal under Section 35G …

STATE OF U.P. AND ORS.versusJEET S. BISHT AND ANR.

2007 INSC 656Disposed off

The petitioners, the State of Uttar Pradesh and others, appealed against a High Court order that directed the State Government to create at least five State Consumer Forums, prescribe salaries and allowances for members, and grant retired High Court judges the same facilities as sitting judges. The …

REF:versusSMT. SAYALEE SANJEEV JOSHI, MEMBER, MAHARASHTRA PUBLIC SERVICE COMMISSION

2007 INSC 612Reference answered

The Supreme Court examined a reference under Article 317 of the Constitution concerning Ms. Sayalee Sanjeev Joshi, a member of the Maharashtra Public Service Commission, who was arrested in connection with alleged malpractices in the 1999 examination. The Court considered four charges: protecting …

SUDHIR MADAN AND ORSversusMUNICIPAL CORPORATION OF DELHI AND ORS

2007 INSC 613Disposed off

The Supreme Court examined the Municipal Corporation of Delhi's (MCD) scheme for granting squatting/tehbazari/vending rights to street vendors, including its provisions on site identification, allocation, and regulation. Petitioners sought a fresh, independent survey of hawking sites, a directive to …

COMMISSIONER OF INCOME TAX, PUNEversusSHIRKE CONSTRUCTION EQUIPMENT LTD.

2007 INSC 615Appeal(s) allowed

The Commissioner of Income Tax, Pune appealed against a Bombay High Court judgment that had upheld the assessment of Shirke Construction Equipment Ltd. The issues were whether Section 80‑AB of the Income Tax Act applies to Section 80‑HHC and whether unabsorbed business losses under Section 72 can be …

GANNMANI ANASUYA AND ORS.versusPARVATINI AMARENDRA CHOWDHARY AND ORS.

2007 INSC 617Case Partly allowed

The plaintiffs, sons of the family Karta, sued the appellants for partition of two properties and for a decree directing the appellants to render accounts of a poultry‑tube manufacturing joint venture, claiming a 2/3 share in one property and a 4/9 share in the other. The appellants contended that …

TEJSHREE GHAG ETC. ETC.versusPRAKASH PARASHURAM PATIL AND ORS. ETC. ETC.

2007 INSC 618Dismissed

The petitioners, appointed as Assistant Deputy Educational Inspectors, were transferred to lower‑pay posts, resulting in loss of salary and seniority. They challenged the transfers before the Maharashtra Administrative Tribunal, which dismissed their applications, and the High Court later set aside …

MADISHETTI BALA RAMUL (D) BY LRS.versusTHE LAND ACQUISITION OFFICER

2007 INSC 619Case Partly allowed

The appellants, owners of 4 acres 10 guntas of land, were dispossessed after a notification dated 16‑03‑1979 and possession taken on 18‑05‑1979. The first award covered only 1 acre 5 guntas, and the remaining 3 acres 5 guntas were later found to belong to the appellants. A second notification was …

M/S. TANNA AND MODIversusC.L.T. MUMBAI XXV AND ORS.

2007 INSC 620Dismissed

The appellant, a partnership firm, made a voluntary disclosure under the Voluntary Disclosure of Income Scheme, 1997 and received a certificate of immunity. Later, a search and seizure operation on the firm’s partners uncovered undisclosed income that the firm had failed to reveal in its VDIS …

ILA VIPIN PANDYAversusSMITA AMBALAL PATEL

2007 INSC 621Disposed off

Ila Vipin Pandya, the widow of the deceased Vipin Pandya, filed a testamentary petition for letters of administration which was opposed by Smita Ambalal Patel who filed a caveat claiming creditor status. The High Court dismissed the caveat, but the matter proceeded to a civil suit where Patel …

BANGALORE DEVELOPMENT AUTHORITYversusSYNDICATE BANK

2007 INSC 622Appeal(s) allowed

The Bangalore Development Authority (BDA) introduced a self‑financing housing scheme and allotted 15 HIG houses to Syndicate Bank, which paid the price for 11 of them by May 15, 1989. Delivery of four houses occurred in 1989‑90, but the remaining 11 were delayed until January‑March 1997 due to …

ASHOK KUMAR THAKURversusUNION OF INDIA AND OTHERS ETC.

2007 INSC 623Matter referred to larger bench

Ashoka Kumar Thakur filed writ petitions challenging the 93rd Constitution Amendment (which inserted Article 15(5)) and the Central Educational Institutions (Reservation in Admission) Act, 2006. The Union of India argued that the matters raised substantial questions of law and constitutional …

AFZALKHAN @ BABU MURTUZAHAN PATHANversusSTATE OF GUJARAT

2007 INSC 624Dismissed

The appellants, accused under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for allegedly undergoing terrorist training in Pakistan, providing monetary assistance and possessing a large quantity of arms, appealed to the Supreme Court against the denial of bail. They contended that …

REGIONAL INSTITUTE OF MEDICAL SCIENCE AND ANR.versusS. BHAGYABATI DEVI

2007 INSC 625Dismissed

The Regional Institute of Medical Sciences (RIMS) promoted Dr. Taruni, a Medical Officer (SPM), to Assistant Professor in 1995, while Dr. Bhagyabati, also a Medical Officer, was promoted in 1998. Bhagyabati challenged Taruni's seniority, arguing that the SPM post was not a teaching post and …

COMMISSIONER OF CUSTOMS (PORT), CHENNAIversusM/S. TOYOTA KIRLOSKAR MOTOR PVT.LTD.

2007 INSC 626Dismissed

The appellant, the Commissioner of Customs (Port) Chennai, appealed against the CESTAT order that excluded royalty and technical know‑how fees from the transaction value of capital goods imported by Mis. Toyota Kirloskar Motor Pvt. Ltd. for setting up an automobile plant. The dispute centered on …

NANI SHA AND ORS.versusSTATE OF ARUNACHAL PRADESH AND ORS.

2007 INSC 598Dismissed

The case concerned five Forest Rangers who were promoted to Assistant Conservator of Forests (ACF) in 2002, but were later given notional promotions with retrospective effect to 1994 by a 2004 government order. Directly recruited ACFs appointed in 1996 challenged this order, arguing that the 1999 …

UNION OF INDIA AND ANR.versusSHARDINDU

2007 INSC 599Disposed off

The respondent, a Director of the State Council for Educational Research and Training (SCERT) in Uttar Pradesh, was selected as Chairperson of the National Council for Teacher Education (NCTE) for a four‑year term or until age 60 under the National Council for Teacher Education Act, 1993. While …

UNION OF INDIA AND ANR.versusBASHIRBHAI R. KHILIJI

2007 INSC 600Appeal(s) allowed

The respondent, a constable in the Central Reserve Police Force, was invalidated after contracting pyogenic meningitis and suffering bilateral deafness while on duty. He applied for an invalid pension but was denied on the ground that he had not completed the ten years of qualifying service required …

BABU VITHU GAIKWAD (DEAD) BV. LRS.versusCHINTAMAN SADASHIV AND ORS.

2007 INSC 601Dismissed

The case concerned agricultural land in Pune owned by a landlord who was a minor at the tiller’s day and later attained majority. The landlord served notice to terminate the tenancy under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948, but failed to commence possession proceedings …

GEETAversusSTATE OF M.P. AND ORS.

2007 INSC 602Dismissed

Geeta was appointed as Deputy Superintendent of Police on the basis of a Scheduled Tribe (ST) certificate that claimed she belonged to the Majhi tribe, a recognized ST in Madhya Pradesh. After her father's earlier ST certificate was cancelled, an inquiry was ordered and the High Level Caste …

ANANDA MOHAN SEN AND ANR.versusSTATE OF WEST BENGAL

2007 INSC 603Dismissed

The Supreme Court examined the death of Bakulbala, a married woman found dead at her matrimonial home, and the convictions of her father‑in‑law (Ananda Mohan Sen) and husband (Gouranga Mohan) under Sections 498A and 306 of the IPC. The prosecution proved that she had been subjected to repeated …

APOLINE D' SOUZAversusJOHN D SOUZA

2007 INSC 604Disposed off

Florine D' Souza, a 96‑year‑old bedridden woman, executed a will bequeathing land to Apoline D' Souza (appellant) and John D' Souza (respondent). The appellant, unrelated to the testatrix, claimed the bequest was due to his service to her and applied for letters of administration under Sec. 276 of …

SMT. YALLWWA AND ORS.versusNATIONAL INSURANCE CO. LTD. AND ANR.

2007 INSC 605Dismissed

The appellants, heirs of victims of a tractor‑trailer accident, filed claim petitions under Section 140 of the Motor Vehicles Act, 1988, seeking compensation from the vehicle owner and the insurer. The Claims Tribunal ordered both the owner and the insurer to deposit a fixed sum for each deceased. …

G.L. SULTANIA AND ANR.versusTHE SECURITIES AND EXCHANGE BOARD OF INDIA AND ORS.

2007 INSC 607Dismissed

The appellants challenged the price approved by SEBI for a public offer to acquire the minority shares of Hindustan National Glass and Industries Ltd., alleging that the valuation by the independent valuer did not comply with Regulation 20(5) of the Takeover Code. SEBI appointed an independent …

STATE OF ORISSA AND ANR.versusM/S ASIATIC GASES LTD.

2007 INSC 608Appeal(s) allowed

The State of Orissa appealed against the judgment that over‑retention charges collected by M/s Asiatic Gases Ltd. for gas cylinders were not part of the sale price under the Orissa Sales Tax Act, 1947. The assessee supplied medical oxygen and industrial gases in cylinders and allowed customers to …

RAM KRIPAL SINGHversusSTATE OF U.P. AND ORS.

2007 INSC 609Dismissed

The State Financial Corporation (SFC) initiated recovery proceedings against a debtor company under Section 29 of the State Financial Corporation Act, 1951. The company was later wound up and an official liquidator was appointed. SFC then filed a recovery citation against the guarantor, Ram Kripal …

M/S N. RANGA RAO AND SONSversusTHE STATE OF KARNATAKA AND ORS.

2007 INSC 610Dismissed

The appellant, a manufacturer of agarabathis, challenged an assessment order that taxed packing material as raw material. The First Appellate Authority excluded the packing material on 28‑03‑1992, but the Additional Commissioner later called for the case records on 16‑03‑1996, found the order …

K. KRISHNA M.A. RALHANYversusUNION OF INDIA AND ORS.

2007 INSC 611Disposed off

The appellant, K. Krishna M.A. RAIHANY, applied for Indian citizenship by naturalization under Section 6(1) of the Citizenship Act, 1955. He alleged that no order had been passed on his application, while the Union of India and the State of Maharashtra contended that a communication dated 29 August …

GOPAL SINGHversusSTATE CADRE FOREST OFFICERS ASSOCIATION AND ORS.

2007 INSC 575Dismissed

The appellant, an Assistant Mill Manager (AMM) in the Andaman & Nicobar Forest Department, sought promotion to Deputy Conservator of Forests (DCF) by claiming his post was equivalent to Assistant Conservator of Forest (ACF) and thus a feeder post under the Indian Forest Service (Appointment by …

HARDESH ORES PVT. LTD.versusM/S HEDE & CO.

2007 INSC 576Dismissed

Hardesh Ores Pvt. Ltd. and Sociedade de Fomento Industrial Pvt. Ltd. entered into extraction and purchase agreements with Hede & Co. containing a clause allowing the lessee to renew the lease every five years at its sole option. The lessees exercised the option in December 2001, but Hede & Co. …

STATE OF BIHAR AND ORS.versusBIHAR STATE+ 2 LECTURERS ASSOCIATIONS AND ORS.

2007 INSC 577Disposed off

The State of Bihar appointed +2 lecturers, some of whom were untrained, and fixed separate pay scales for trained and untrained lecturers based on a Fitment Committee's recommendation. Untrained lecturers challenged this classification as violative of Article 14 of the Constitution, arguing that the …

SUNIL BALKRISHNA BHOIRversusTHE STATE OF MAHARASHTRA

2007 INSC 579Appeal(s) allowed

The appellants were convicted for the murder of Ramdas under Sections 302 and 149 IPC. The prosecution alleged that a group of seven persons, some armed with swords and a knife, assaulted the deceased, with accused No.2 delivering a fatal stab wound. The trial and High Courts held that a common …

COMMISSIONER OF INCOME TAXversusP. MOHANAKALA

2007 INSC 580Appeal(s) allowed

The assessees received large cash credits from a foreign donor and claimed them to be gifts. The Assessing Officer rejected this explanation, treating the amounts as income under Section 68 of the Income Tax Act, 1961. The Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal …

UNION OF INDIA AND ANR .versusP.M. RANGASAMI

2007 INSC 581Appeal(s) allowed

The case concerned P.M. Rangasami, an officer of the Indian Economic Service, who claimed that the Central Administrative Tribunal (CAT) had directed his promotion to Higher Administrative Grade (HAG) based on his original seniority. The Union of India argued that the Tribunal’s order only required …

COMMISSIONER OF CENTRAL EXCISE, INDOREversusMIS. CETHAR VESSELS LTD. AND ORS.

2007 INSC 582Disposed off

The Commissioner of Central Excise, Indore appealed against the CEGAT order that held no excise duty was payable on the erection of boiler, membrane‑cell and solvent‑extraction plants assembled on site by Mis Cethar Vessels Ltd. The core issue was whether such assembly created immovable property or …

UDAI SINGH DAGAR AND ORS.versusUNION OF INDIA AND ORS.

2007 INSC 583Dismissed

The petitioners, non‑graduate veterinary practitioners, challenged the applicability of Section 30 of the Indian Veterinary Council Act, 1984, which limited practice to degree‑holders and allowed only "minor veterinary services" for diploma or certificate holders. They argued that this violated …

S.B. BHATTACHARJEEversusS.D. MAJUMDAR AND ORS.

2007 INSC 584Dismissed

The case concerned the promotion of S.B. Bhattacharjee to the post of Executive Engineer in Mizoram. The dispute centered on the interpretation of clause (g) of paragraph 3.4 of an Office Memorandum dated 10‑10‑2002, which prescribed which Annual Confidential Reports (ACRs) should be considered by …

ORIENTAL INSURANCE CO. LTD.versusPREMLATA SHUKLA AND ORS.

2007 INSC 586Appeal(s) allowed

A collision between a Tempo Trax and an untraced truck resulted in the death of a passenger. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed against the driver, owner and insurer of the Tempo, but the Motor Vehicles Accident Claims Tribunal dismissed it, finding no rash …

COAL INDIA LID. AND ORS.versusDOMCO SMOKELESS FUELS (P) LID.

2007 INSC 587Appeal(s) allowed

Domco Smokeless Fuels set up a smokeless fuel plant based on Coal India Ltd's advertisement promising assured coal linkage. The unit was initially linked to Bharat Coking Coal Ltd (BCCL) but sought transfer to Central Coalfields Ltd (CCL) following a policy decision to rationalise linkages. Coal …

ORIENTAL INSURANCE CO.LID.versusBRIJ MOHAN AND ORS.

2007 INSC 589Disposed off

Brij Mohan, a labourer, was riding on a trolley attached to a tractor that was transporting earth to a brick kiln when the driver negligently lost control, causing Mohan to fall and sustain grievous injuries. The tractor was insured by Oriental Insurance Company only for agricultural use, and the …

BENGA BEHERA AND ANR.versusBRAJA KISHORE NANDA AND ORS.

2007 INSC 590Appeal(s) allowed

The Supreme Court examined a dispute over a Will executed by 70‑year‑old Sarajumani Dasi in favour of a stranger, Brajakishore Nanda. The Will and a sale deed were executed on the same day, but the original Will was never produced; only a certified copy and a Xerox copy were offered. The Court found …

MANAGEMENT, PANDIYAN ROADWAYS CORP. LID.versusN. BALAKRISHNAN

2007 INSC 591Dismissed

The appellant, Management, Pandiya Roadways Corp. Ltd., dismissed its class‑IV employee N. Balakrishnan for alleged theft after a disciplinary enquiry found him guilty. The Labour Court refused to approve the dismissal under Section 33(2)(b) of the Industrial Disputes Act because the employer had …

R.V. DEV @ R. VASUDEVAN NAIRversusCHIEF SECRETARY, GOVT. OF KERALA AND ORS.

2007 INSC 592Dismissed

The appellant, an indigent plaintiff, filed a suit for damages against the State of Kerala which was dismissed as barred by limitation. The High Court held that, despite his indigent status, the plaintiff must pay the court fee because he failed in the suit, and dismissed his application for …

M/S. NOORIE MANURE MILL, SAMBHALversusCOMMISSIONER, TRADE TAX, U.P.

2007 INSC 593Disposed off

Mis. Noorie Manure Mill, a dealer in crushed bones, horn and hoof, appealed against a tax demand under the U.P. Trade Tax Act. The issue was whether animal horns and hooves could be treated as "crushed bone" or as fertilizer within the meaning of several exemption notifications issued by the State …

COMMISSIONER OF MUNICIPAL CORPORATION, SHIMLAversusPREM LATA SOOD AND ORS.

2007 INSC 594Disposed off

The respondents sought to build a hotel on Shimla's Mall Road. They obtained planning permission under the Himachal Pradesh Town and Country Planning Act, 1977, subject to obtaining building permission from the Municipal Corporation. Their application for building plan sanction under the Himachal …

S. SETHURAMANversusR. VENKATARAMAN AND ORS.

2007 INSC 595Appeal(s) allowed

The case concerned the promotion of a teacher to Headmaster in a Tamil Nadu private school governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the 1974 Rules. The Managing Committee had evaluated merit and ability and appointed the appellant, Sethuraman, but the senior …

ASIT BHATTACHARJEEversusM/S. HANUMAN PRASAD OJHA AND ORS.

2007 INSC 596

The appellant, a food‑grain exporter, appointed the respondents as agents to arrange rail transport of wheat and rice. The respondents allegedly committed fraud, cheating, forgery, criminal breach of trust and misappropriation of funds, offences alleged to have been committed mainly in Uttar Pradesh …

BHAGWAN DASversusKARTAR SINGH AND ORS.

2007 INSC 565Dismissed

The deceased Shobha committed suicide, allegedly after prolonged harassment by her in‑laws for insufficient dowry and for bearing a girl child. The trial court framed charges under IPC sections 306 (abetment of suicide), 498‑A (dowry death) and 34. The Delhi High Court quashed the s.306 and s.34 …

SHANKAR JAISWARAversusSTATE OF WEST BENGAL

2007 INSC 566Dismissed

Shankar Jaiswara was convicted of murder under Section 302 IPC for stabbing his brother's younger sibling, Tarak Jaiswara, with a knife. The prosecution presented consistent eyewitness testimony, forensic medical reports describing multiple fatal injuries, and the recovery of the weapon from a …

DAYA SINGH LAHORIYA @ RAJEEV SUDAN @ VINAY KUMARversusSTATE OF RAJASTHAN

2007 INSC 567Disposed off

The appellant, Daya Singh Lahoria (also known as Rajeev Sudan and Vinay Kumar), was convicted of offences under IPC sections 420, 468, 471 and 364A, as well as the Explosive Substances Act, and sentenced to seven years of imprisonment (concurrent) and life imprisonment for a kidnapping‑related …

SUMAN SOOD @ KAMAL JEET KAURversusSTATE OF RAJASTHAN

2007 INSC 568Disposed off

The husband (Daya Singh) and wife (Suman Sood) were extradited from the United States and tried in Rajasthan for kidnapping a politician's son, conspiracy, and related offences. The trial court convicted both of several IPC offences, acquitting Suman Sood of kidnapping for ransom (Sec. 364A). The …

STATE OF U.P. & ORS.versusDEEPAK FERTILIZERS & PETROCHEMICAL CORPORATION LTD.

2007 INSC 569Dismissed

The State of Uttar Pradesh had issued a notification on 2 November 1994 exempting the sale of the NPK 23:23:0 fertilizer from trade tax for the period 1 November 1994 to 31 March 1995. Two later notifications dated 10 April 1995 and 15 May 1995 withdrew that exemption retrospectively for NPK 23:23:0 …

PUNJAB STATE & ORS.versusDINA NATH

2007 INSC 570Dismissed

The Punjab State issued a work order containing a clause that any dispute between the department and the contractor would be referred to the Superintending Engineer, whose decision would be final and binding. After the contractor completed the work, a dispute arose over final bills and measurements, …

LAL DEVI AND ANR.versusVANEETA JAIN AND ORS

2007 INSC 572Appeal(s) allowed

The plaintiff filed a suit for specific performance of an agreement to sell a Shimla property after the vendor failed to execute the sale deed. During the trial, the vendor's counsel was absent because they were engaged in a High Court matter, and no representation of their absence was made to the …

KAUSHALYA DEVIversusSHRI KARAN ARORA AND ORS.

2007 INSC 573Dismissed

A claim petition under Sections 166, 140 and 141 of the Motor Vehicles Act, 1988 was filed by the husband of Kaushalya Devi after their 14‑year‑old son died in a road accident. The driver, Karan Arora, was a minor without a licence; the Tribunal held the driver not liable but held the vehicle owner …

RAM KUMAR BARNWALversusRAM LAKHAN (DEAD)

2007 INSC 574Case Partly allowed

The appellant, a landlord, filed a release petition under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. The Prescribed Authority, on the Commissioner’s report, held the petition non‑maintainable and the First Appellate Authority upheld that …

NOOR@ NOORDHINversusSTATE OF KARNATAKA

2007 INSC 558Disposed off

The appellant, Nooruddin, was charged along with six others for offences including assault, grievous hurt and the death of Udaya Kumar. The trial court convicted him under Sections 143, 148, 341, 326, 302 read with Section 149 IPC, while acquitting the co‑accused on the ground that they were not …

MANIBEN W/O. DANABHAI TULSHIBAI MAHERIAversusSTTE OF GUJARAT

2007 INSC 559Dismissed

The deceased, Maniben, was allegedly burnt by her mother‑in‑law and brother‑in‑law after a domestic dispute. She gave a dying declaration to the police and later to a magistrate, identifying both accused as responsible. Both were convicted on the basis of that declaration, which the High Court …

V. SHANKARANARAYANA RAO (D) BY LRS. & ORS.versusLEELAVATHY (DEAD) BY LRS. & ORS.

2007 INSC 560Appeal(s) allowed

The case involved a partition suit filed by the daughter, Leelavathi, of the deceased G. Venkata Rao, seeking a one‑fourth share in his properties. The three sons contested, asserting that the properties were their personal assets and that the transactions were not benami. The trial court dismissed …

COMMISSIONER OF CENTRAL EXCISE, JAIPURversusM/S. MAHAVIR ALUMINIUM LTD.

2007 INSC 561Appeal(s) allowed

Mis Mahavir Aluminium Ltd. melted aluminium ingots and added alloys to produce aluminium billets, which were used captively for irrigation pipe manufacture (exempt) and also sold in the open market. The Commissioner of Central Excise demanded excise duty on the billets, holding that the conversion …

STATE OF U.P. AND ANR.versusNIDHI KHANNA AND ANR.

2007 INSC 562Appeal(s) allowed

The Uttar Pradesh Higher Education Services Commission advertised vacancies for lecturers (Advertisement No. 29) in 2000 and selected Nidhi Khanna, placing her at the top of the wait‑list. She claimed she never received the appointment letter for a college in Meerut and later sought appointment at …

PROMOTERS & BUILDERS ASSOCIATION OF PUNEversusPUNE MUNICIPAL CORPORATION AND ORS.

2007 INSC 564Dismissed

The Promoters & Builders Association of Pune challenged a modification to Pune's Development Control Rules (DCR) wherein the State Government, while sanctioning the Municipal Corporation's proposal under Section 37(2) of the Maharashtra Regional Town Planning Act, 1966, inserted the words "from the …

SOMA CHAKRAVARTYversusSTATE THROUGH CBI

2007 INSC 551Dismissed

The appellant, Soma Chakravarty, a Deputy Manager in the publicity division of ITPO, was charged by a Special Judge under IPC sections 420 r/w 120-B, 429, 468, 471 and the Prevention of Corruption Act for allegedly signing bogus advertisement bills that led to a loss of Rs.30,30,057 to the …

KENDRIYA VIDYALAYA SANGATHAN & ORS.versusL.V. SUBRAMANYESWARA & ANR.

2007 INSC 552Appeal(s) allowed

The Kendriya Vidyalaya Sangathan (KVS) appointed certain teachers on an ad‑hoc basis to fill leave vacancies, stipulating that such appointments did not confer any right to regularisation. The teachers continued in service after the High Court’s interim orders and sought regularisation, invoking the …

JOSEPH AND ANR.versusSTATE OF KERALA AND ANR.

2007 INSC 553Appeal(s) allowed

The appellants purchased 14 acres of private forest land in Kerala before the appointed day of 10 May 1971 and sought exemption from vesting under the Kerala Private Forest (Vesting and Assignment) Act, 1971, invoking Section 3(3). The Forest Tribunal granted the exemption, but the State later …

ANILversusSTATE OF HARYANA

2007 INSC 554Dismissed

The appellant was convicted of murder under Section 302 of the Indian Penal Code and for a firearms offence under Section 27 of the Arms Act after he shot the deceased, Dinesh, who was unarmed and opening his door during a family wedding. The prosecution proved that the appellant alone was armed, …

COMMNR OF CENTRAL EXCISE, BHAVNAGARversusM/S. SAURASHTRA CHEMICALS LTD.

2007 INSC 555Appeal(s) allowed

Saurashtra Chemicals Ltd imported two generator sets, one of which was received on 24 Oct 1998 but not installed until after 1 Apr 2000. At the time of receipt Rule 57Q(3) of the Central Excise Rules applied, allowing up to 75% credit, but the Rules were amended on 1 Apr 2000 by Rule 57AC which …

TULIP STAR HOTELS AND ORS.versusUNION OF CENTAUR-TULIP EMPLOYEES AND ORS.

2007 INSC 556Disposed off

Tulip Star Hotels entered into a purchase agreement that required the introduction of a Voluntary Retirement Scheme (VRS). While most workers accepted VRS cheques, a new union of employees demanded that the VRS amounts be paid in separate cheques, which the employer refused to honor. The union filed …

AGM/HUMAN RESOURCE, BHEL LTD.versusSURESH RAMKRISHNA BURDE

2007 INSC 557Appeal(s) allowed

The respondent, Suresh Ramkrishna Burde, claimed to belong to the Halba Scheduled Tribe and produced a caste certificate to obtain a clerk position at BHEL, a post reserved for Scheduled Tribes. After complaints, the employer referred the matter to the District Collector and a Scrutiny Committee, …

B. BHARAT KUMAR AND ORS.versusOSMANIA UNIVERSITY AND ORS.

2007 INSC 535Dismissed

The petitioners, teachers in private grant‑in‑aid colleges, sought a writ directing the State Government to raise the superannuation age from 58/60 to 62 years, relying on a UGC notification and a Central Government letter that recommended the higher age. The State Government, while adopting the …

VIKRAM AND ORS.versusSTATE OF MAHARASHTRA

2007 INSC 536Dismissed

On 22 January 1997, eight accused persons assaulted Dnyandeo (who later died) and Bapu (who was injured) in the village of Pangulgavhan, using hard blunt objects and dragging them to a river. The FIR was lodged the next morning due to a delay caused by priority given to medical treatment. The …

SANTOSH @ SANTUKRAOversusSTATE OF MAHARASHTRA

2007 INSC 537Dismissed

Santosh was convicted for murdering Janardhan Dalvi and attempting to murder PW1 (Sandhu) by stabbing with a sharp-edged weapon. The trial court sentenced him to life imprisonment under IPC sections 302 and 307, a decision affirmed by the High Court. On appeal, the accused challenged the credibility …

U.P.S.R.T.CversusRAM KISHAN ARORA

2007 INSC 538Appeal(s) allowed

The respondent, a conductor with the Uttar Pradesh State Road Transport Corporation, obstructed a police inspection of his bus and misbehaved with officials, constituting a criminal breach of trust. A departmental inquiry proved the misconduct and the corporation dismissed him; the departmental …

LAXMIKANT CHHOTELAL GUPTA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 539Appeal(s) allowed

The partners of Somras Distillers (respondents 5‑7) were in arrears of sales‑tax and their properties were attached. A writ petition sought that the tax dues be recovered from the other partners (appellants) and not from them. The High Court ordered the properties to be auctioned; the auction was …

M/S MASTER CABLES PVT. LTD.versusSTATE OF KERALA

2007 INSC 540Dismissed

Master Cables Pvt. Ltd., a manufacturer registered under the Kerala General Sales Tax Act, 1963, sought relief under the Kar Vivad Samadhan Scheme, 1998, after a tax inspection uncovered unaccounted sales. The company claimed that Section 90(3) of the Scheme barred the State from reopening its …

TARA CHANDversusSAGARBAI @ CHAIYALIBAI

2007 INSC 541Dismissed

The appellant, a tenant, executed a registered usufructuary mortgage deed with the respondent, the landlord, allowing the appellant to occupy the ground floor in lieu of interest for ten years. After the ten‑year period the respondent filed a suit for redemption and possession, which the trial court …

MAHADEO BHAU KHILARE (MANE) AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 542Dismissed

The petitioners, Mahadeo Bhu Khilare and others, were engaged as unpaid assistants by a Talathi (revenue officer) in Maharashtra without any statutory authority or sanctioned post. After the State directed a ban on such engagements, they sought regularisation under a scheme framed by the Maharashtra …

SOHAN SINGH SODHIversusPUNJAB STATE ELECTRICITY BOARD, PATIALA

2007 INSC 543Dismissed

Sohan Singh Sodhi, a lineman appointed in 1964 and later promoted to Junior Engineer without holding an engineering diploma, challenged the Punjab State Electricity Board's policy of granting higher pay scales and promotions to diploma‑holding linemen. He argued that the Board's refusal to extend …

SHREE SURAT VALSAD JILLA K.M.G. PARISHADversusUNION OF INDIA AND ORS.

2007 INSC 544Dismissed

The Supreme Court examined the validity of the Constitution (Scheduled Caste) Order 2nd Amendment, 2002 which excluded the Mochi sub‑caste outside the Dang District and Umargaon Taluka of Valsad District, Gujarat, from Schedule I. The Court held that the President’s power under Article 341 to …

ADIVEKKA AND ORS.versusHANAMAVVA KOM VENKATESH D BY LRS. AND ANR.

2007 INSC 545Appeal(s) allowed

Hanumanthappa, suffering from cancer, executed a Will two weeks before his death bequeathing his sole agricultural land to his niece (Respondent No.1). The wife and children (appellants) were unaware of the Will, claimed it was fabricated, and sought a declaration that the land was joint family …

STATE OF JHARKHAND AND ORS.versusVOLTAS LTD., EAST SINGHBHUM

2007 INSC 546Dismissed

The State of Jharkhand challenged the sales‑tax assessment of Voltas Ltd., which was engaged in works contracts for air‑conditioning plants. The issue was whether, under the Bihar Sales Tax Act, only the value of goods sold in a works contract is taxable or whether other charges such as labour, …

THIMMAPPA RAIversusRAMANNA RAI AND ORS.

2007 INSC 547Case Partly allowed

The appellant, Thimmappa Raj, son of the late Narayana Rai, sought to enforce a lease granted to him under the Madras Cultivating Tenants Protection Act, 1955 and claimed exclusive ownership of the Schedule B lease‑hold property, while the respondents (Ramanna Raj and others) filed a suit for …

STATE OF U.P. AND ANR.versusDINKAR SINHA

2007 INSC 549Case Allowed

The respondent, Dinkar Sinha, was commissioned as an Indian Army officer in March 1979, discharged in 1988, and later joined the Uttar Pradesh Police Service under vacancies reserved for ex‑army personnel. He sought additional seniority under the Uttar Pradesh Non‑Technical (Class‑II/Group B) …

DINKAR MARUTI JADHAVversusNIVRUTII GANGARAM PAWAR (D) BY LRS. & ORS.

2007 INSC 550Matter referred to larger bench

The appeal concerned the interpretation of Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, in a dispute between a landlord and a tenant. The landlord had sought possession under Section 33-B, while the tenant contested on the ground of lack of bona‑fide requirement and …

RAJA LAL SINGHversusTHE STATE OF JHARKHAND

2007 INSC 528Disposed off

The Supreme Court examined two criminal appeals arising from the death of Gayatri Devi, who was found hanged in her marital home. The husband, Raja Lal Singh, was convicted under Sections 304‑B and 34 IPC for dowry harassment leading to her death, while the brother‑in‑law Pradip Singh and …

SUJOY SEN @ SUJOY KR. SENversusTHE STATE OF WEST BENGAL

2007 INSC 529Appeal(s) allowed

The appellant Sujoy Sen was convicted under Section 302 IPC for the murder of Anindita Sengupta, the daughter of the complainant. The FIR stated that the accused entered the complainant's house while the latter was absent, and the complainant later altered his testimony to claim the accused was …

STATE OF TRIPURAversusRAM BIR SINGH AND ORS.

2007 INSC 530Appeal(s) allowed

The State of Tripura appealed a High Court order that had acquitted several CRPF personnel convicted for indiscriminate firing that killed a police officer. The Supreme Court observed that the High Court had passed the operative part of its judgment before recording reasons, resulting in an …

PATRICK JJ. SALDANHAversusANTONY M. SALDANHA

2007 INSC 531Disposed off

The Supreme Court examined a civil appeal (No. 414 of 2001) challenging a Karnataka High Court order that allowed a second appeal without formulating any substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908. The Court reiterated that under Section 100(3) the …

UNION PUBLIC SERVICE COMMISSIONversusSUKANTA KAR AND ANR.

2007 INSC 532Appeal(s) allowed

The Union Public Service Commission (UPSC) challenged the eligibility of Sukanta Kar, a Departmental Scientific Officer, for promotion to Deputy Advisor (Training) in the Central Public Health and Environmental Organisation. The UPSC argued that the 1985 Deputy Advisor (Training) Recruitment Rules …

KISHORELALversusCHAIRMAN, E.S.I. CORPORATION

2007 INSC 527Appeal(s) allowed

Kishore Lal, an employee insured under the Employees' State Insurance (ESI) scheme, complained that his wife received negligent medical treatment at an ESI dispensary, leading to her condition worsening. He filed a complaint before the District Consumer Disputes Redressal Forum seeking compensation …

THE IRON AND STEEL CO. LTD.versusM/S. TIWARI ROAD LINES

2007 INSC 534Appeal(s) allowed

The Indian Iron and Steel Co. Ltd. entered into a contract with Mis. Tiwari Road Lines for transport of steel, which contained an arbitration clause mandating that all disputes be resolved under the Rules of Arbitration of the Indian Council of Arbitration. When the appellant invoked a bank …

PREM KUMAR AND ANR.versusSTATE OF U.P. AND ORS.

2007 INSC 523Disposed off

The respondents filed a writ petition under Article 226 challenging orders issued under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The Allahabad High Court allowed the petition in a summary, cryptic order, relying on a 1986 order of the Prescribed Authority that pertained only to …

N. DEVINDRAPPAversusSTATE OF KARNATAKA

2007 INSC 524Dismissed

The appellant, a retired headmaster, induced a complainant to pay Rs.2,000 as advance for a plot of land that he did not own, issuing bogus receipts and promising allotment within months. The trial court convicted him under Section 420 of the Indian Penal Code for cheating, and the Karnataka High …

STATE OF MAHARASHTRAversusSIRAZ AHMED NISAR AHMED AND ORS.

2007 INSC 525Disposed off

The State of Maharashtra alleged that a gang led by Chota Shakeel conspired to murder politician Ramdas Nayak, arranging vehicles, firearms and ammunition. The Designated Court acquitted all accused of the murder and related offences, convicting only three of them under the Arms Act for possession …

Y. SARABA REDDYversusPUTHUR RAMI REDDY AND ORS.

2007 INSC 521Appeal(s) allowed

The complainant filed a murder complaint in which the respondents were initially named in the FIR but were later omitted from the array of accused by a Special Investigating Officer after an alibi investigation and were not included in the charge‑sheet. The complainant later moved the trial court …