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Judgments of 2007

1324 judgments · newest first · showing 1001–1200

M/S. PEEKA Y RE-ROLLING MILLS (P) LTD.versusTHE ASSISTANT COMMISSIONER AND ANR.

2007 INSC 317Appeal(s) allowed

Peeka Y Re‑rolling Mills (P) Ltd., a registered dealer under the Kerala General Sales Tax Act, 1963, purchased steel ingots that were exempt from tax under a notification issued under Section 10 of the State Act. The State assessed purchase tax under Section 5A on the same ingots, arguing that no …

DIPLOMA ENGINEERS SANGHversusSTATE OF U. P. AND ORS.

2007 INSC 318Dismissed

The Diploma Engineers Sangh, representing diploma‑holder Junior Engineers, challenged a 2003 office memorandum that prescribed an interview as the qualifying examination for promotion to Assistant Engineer under the Uttar Pradesh Service of Engineers (Building and Roads Branch) Class II Rules, 1936. …

PALITANA SUGAR MILLS PVT. LTD. & ANR.versusSMT. VILASINIBEN RAMACHANDRAN AND ORS.

2007 INSC 319Disposed off

Palitana Sugar Mills Pvt. Ltd. filed a contempt petition against the State Government of Gujarat and its officers for refusing to implement the Supreme Court's 15 October 2004 order granting non‑agricultural (residential) permission over certain government lands. The petitioners alleged that the …

ALLAHABAD LADIES CLUBversusJITENDRA NATH SINGH AND ORS.

2007 INSC 320Disposed off

A public‑interest writ petition was filed in the Allahabad High Court alleging that the Company Bagh, a public park, had been converted into a lease‑hold property with illegal constructions in violation of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 …

SECRETARY, PADIPPU K.S. SANGAM LRD .versusC. VARGHESE

2007 INSC 321Appeal(s) allowed

The appellant, a cooperative society registered under the Kerala Co-operative Societies Act, purchased milk from its members and distributed it. The respondent worked as a milk tester for two hours daily and was paid a fixed monthly wage of Rs.350. He claimed minimum wages under the Minimum Wages …

A.S. SASTRYversusCHIEF COMMNR. OF INCOME TAX AND ORS.

2007 INSC 322Disposed off

The appellant, a retired income‑tax officer, was facing a departmental inquiry whose charges he contested before the Central Administrative Tribunal (CAT). He sought an early hearing of the CAT proceedings and the release of his pension, obtaining a direction from the High Court for the same, which …

DNYANESHWARversusSTATE OF MAHARASHTRA

2007 INSC 323Dismissed

The appellant, the husband of Leelabai, was convicted of murdering his wife who was found dead in their matrimonial home. A post‑mortem revealed multiple ante‑mortem bruises and contusions, and the medical officer opined that death was caused by asphyxia (throttling). The appellant contended that …

THELAPALLI RAGHAVAIAHversusSTATION HOUSE OFFICER AND ORS.

2007 INSC 303Dismissed

The petitioner, a sub‑contractor, alleged that the respondent company mixed fly ash with gravel, made illegal deductions from its bills and fabricated expert reports, thereby cheating it and committing criminal conspiracy, breach of trust and other offences under the IPC. An FIR was lodged and the …

BISWAJIT HALDER @ BABU HALDER AND ORS.versusSTATE OF WEST BENGAL

2007 INSC 305Appeal(s) allowed

Rupali, married to Biswajit Halder, alleged that her husband and in‑laws repeatedly demanded additional dowry items after the marriage. She committed suicide within seven years of marriage. The trial court convicted the appellants under IPC Sections 304B (dowry death), 498A and the Dowry Prohibition …

RAMKRIPAL S/O SHYAMLAL CHARMAKARversusSTATE OF MADHYA PRADESH

2007 INSC 306Dismissed

The appellant, Ramkripal, was convicted of rape under Section 376 of the IPC for forcibly having sexual intercourse with a woman who was collecting grass. The trial court, based on the victim’s testimony and medical evidence of perineal laceration and a torn hymen, found penetration and sentenced …

SUBHASH MAHADEVASA HABIBversusNEMASA AMBASA DHARMADAS (D) BY LRS. AND ORS.

2007 INSC 309Appeal(s) allowed

The case involved three properties allotted to a Hindu joint‑family member (defendant No.2) who mortgaged them and later sold the equity of redemption to the appellant, Habib. The wife and minor sons of defendant No.2 challenged the sale, but the trial court upheld it and the decree became final. …

NANO KISHORE OJHAversusMADANMOHAN JHA

2007 INSC 310Disposed off

The State of Bihar had undertaken, in an affidavit, to recruit and fill vacant teacher posts in its schools, giving priority to trained teachers. The State later claimed that the number of trained teachers was insufficient and that no selection test would be required, leading the petitioner to file …

IMRAN ALIversusHABIBULLAH AND ANR.

2007 INSC 311Disposed off

The Supreme Court examined a High Court bail order that contained an extensive, reasoned discussion essentially declaring the prosecution case meritless. The Court held that while a bail order may include reasons, it must not prejudice the trial by making substantive findings on the merits. Detailed …

AKHLAQversusSTATE OF U.P.

2007 INSC 313Dismissed

The case concerns the murder of Asha, who was found strangled and allegedly raped in a maize field. The prosecution relied on eyewitness testimony, medical evidence of rape and strangulation, and an extra‑judicial confession made by co‑accused Babu to a witness in the presence of the appellant …

M/S STERLITE INDUSTRIES (INDIA) LTD.versusCOMMISSIONER OF CUSTOMS, CHENNAI

2007 INSC 314Appeal(s) allowed

Sterlite Industries imported a Fully Automated Sequential X‑ray Spectrometer and claimed classification under sub‑heading 9027.30 of the Customs Tariff Act, 1975, seeking a lower duty rate and a partial exemption under Notification 46/96. The Customs Department classified the equipment under …

COMMISSIONER OF CENTRAL EXCISE, MADRASversusM/S. HOME ASH OK LEYLAND LTD.

2007 INSC 315Dismissed

The appellant, Commissioner of Central Excise, challenged Home Ashok Leyland Ltd's claim of MODVAT credit for differential duty paid on inputs received in 1986‑87 and utilized in August‑December 1987. The revenue department argued that an amendment to Rule 57E, effective 15‑April‑1987, operated …

KUSHESHWAR PRASAD SINGHversusSTATE OF BIHAR AND ORS.

2007 INSC 316Case Partly allowed

The appellant, a landholder, filed a return under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in 1973-74 claiming he did not possess excess land. The Deputy Collector in 1976 upheld his claim and ordered the proceedings dropped, but no final statement …

MUMMIDI HEMADRI AND ORS.versusSTATE OF ANDHRA PRADESH

2007 INSC 300Appeal(s) allowed

Six persons formed an unlawful assembly and attacked Nellisetti Venu, resulting in his death by stabbing. The three appellants (A‑2, A‑3 and A‑6) were alleged to have caught hold of the deceased, while the other accused inflicted the fatal injuries. The appellants contended that they neither used …

SAI ENTERPRISESversusBHIMREDDY LAXMAIAH AND ANR.

2007 INSC 301Disposed off

The appellant filed a suit for recovery of Rs.4.49 lakh and the respondent No.1 filed a separate suit for foreclosure of a mortgage against the same judgment debtor, respondent No.2. Both suits were decreed against respondent No.2, and execution proceedings were instituted, leading to the sale of …

ALCHEMIST LIMITED AND ANR.versusSTATE BANK OF SIKKIM AND ORS.

2007 INSC 302Dismissed

Alchemist Ltd., a company with its registered office in Chandigarh, submitted a proposal for a strategic partnership with State Bank of Sikkim as part of Sikkim's disinvestment of 49% equity. After an acceptance in principle, Alchemist deposited Rs 4.5 crore in Chandigarh, but the Sikkim government …

TAMIL NADU HOUSING BOARDversusKEERAVANI AMMAL AND ORS.

2007 INSC 295Appeal(s) allowed

The Supreme Court examined appeals filed by the State of Tamil Nadu and the Tamil Nadu Housing Board challenging a Madras High Court order that directed the re‑conveyance of land acquired under the Land Acquisition Act for a housing scheme. The writ petitioners had earlier sought de‑notification …

M/S. DURGA HOTEL COMPLEXversusRESERVE BANK OF INDIA AND ORS.

2007 INSC 296Dismissed

M/s. Durga Hotel Complex obtained a loan of Rs.15 lakh from a bank, which later recalled part of the amount and denied an additional advance. The hotel filed a complaint with the Banking Ombudsman under Clause 16 of the Banking Ombudsman Scheme, 1995, alleging unauthorized withdrawals and non‑credit …

CENTRAL BUREAU OF INVESTIGATION AND ANR.versusASHOK KUMAR AGGARWAL AND ORS.

2007 INSC 297Disposed off

The Central Bureau of Investigation (CBI) appealed against an interlocutory order of the Delhi High Court that permitted the accused, Ashok Kumar Aggarwal, to inspect confidential files relating to the sanction for his prosecution and the notings of the Finance Minister. The Supreme Court had …

RAMA NARANGversusRAMESH NARANG AND ANOTHER

2007 INSC 293Disposed off

The father, Rama Narang, filed a contempt petition against his two sons, Ramesh and Rajesh Narang, alleging that they deliberately violated a Supreme Court consent order that required joint management of their family company, NIHL, and joint signing of cheques for transactions exceeding Rs 10 lakhs. …

NUMALIGARH REFINERY LTD.versusGREEN VIEW TEA & INDUSTRIES AND ANR.

2007 INSC 298Appeal(s) allowed

The Supreme Court examined the compensation awarded for 681 bighas of tea garden land acquired under the Land Acquisition Act, 1894. The High Court had fixed compensation at Rs.10,876 per bigha for land and Rs.75 per tea bush, which the appellants argued were inadequate and excessive respectively. …

STATE OF PUNJAB AND ORS.versusDES SANDHU

2007 INSC 299Disposed off

Des Bandhu was appointed as a surveyor on 15 February 1988 and was terminated on 26 March 1989 without notice. He filed a civil suit for a declaration of continuance, which was dismissed, and his appeal was also dismissed in 1997. Subsequently, a reference under Section 10(1)(c) of the Industrial …

M/S MEGHRAJ BISCUITS INDUSTRIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, U.P.

2007 INSC 286Dismissed

Meghraj Biscuits Industries Ltd. manufactured biscuits and sold them under the brand name “Meghraj” from 1991. The brand name was a registered trademark of Kay Aar Biscuits (P) Ltd., which also used it for biscuits. The Central Excise Department held that the appellant was not eligible for the Small …

SMT. PARMINDER KAURversusSTATE OF U.P. AND ANR.

2007 INSC 287Disposed off

The petitioners, Smt. Parminder Kaur and her husband, sought transfer of two criminal cases pending in the Chief Judicial Magistrate's Court, Rampur, Uttar Pradesh, to courts in Delhi or Chandigarh under Section 406 of the CrPC, alleging threats to their lives, old age, and ill health. The Supreme …

M/S UMA SHANKER KAMAL NARAIN AND ANR.versusM/S. M.D. OVERSEAS LTD.

2007 INSC 288Disposed off

The plaintiffs filed a summary suit under Order XXXVII Rule I of the CPC for recovery of amounts due to four dishonoured cheques issued by the defendants. The defendants applied for leave to defend, but the Single Judge of the Delhi High Court held the defence to be a moon‑shine defence and refused …

DEEPAK JAINversusCHARU JAIN

2007 INSC 289Dismissed

The appellant, Deepak Jain, appealed against a Delhi High Court order that had affirmed an Additional District Judge’s order granting him interim maintenance of Rs 12,000 per month and litigation expenses of Rs 11,000 under Section 24 of the Hindu Marriage Act, 1956. The Supreme Court examined …

P.K. ARJUNANversusSTATE OF KERALA

2007 INSC 290Dismissed

The appellant, along with two others, was found in possession of 7,985 litres of spirit seized by police and was convicted under Section 55 of the Kerala Abkari Act. The appellant challenged the conviction on the ground that the Sessions Court had omitted the words "transport, transit or possesses" …

CHANDIGARH HOUSING BOARDversusDEVINDER SINGH AND ANR.

2007 INSC 291Dismissed

The respondents, a retired army officer and his wife, were allotted a dwelling unit by the Chandigarh Housing Board (CHB) under a housing scheme. They were also members of the Army Welfare Housing Organisation (AWHO), a cooperative society registered under the Societies Registration Act, which had …

UNION OF INDIA AND ANR.versusHARISH KUMAR

2007 INSC 292Appeal(s) allowed

The respondent, Harish Kumar, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 14 June 2002. He filed a writ petition challenging the detention on the ground that his representation to the Central Government, dated …

SUBHAKAR AND ORS.versusHARIDEESH KUMAR AND ORS.

2007 INSC 280Dismissed

The appellants, Subhakar and others, claimed occupancy rights as Chalgeni tenants over two parcels of "Punja" land in Dakshina Kannada under the Karnataka Land Reforms Act, 1961. The respondent, Harideesh Kumar, asserted ownership based on a gift deed. The Land Tribunal initially granted occupancy …

I.C.A.R. AND ORS.versusASIT BARAN CHAUDHURI AND ANR.

2007 INSC 281Disposed off

The respondent, Asit Baran Chaudhuri, filed a writ petition under Article 226 seeking a direction that the authorities consider his claim for the benefit of the Agricultural Research Service (Scientist ‘S’ Grade). The Calcutta High Court allowed the petition, granting him liberty to make a …

MOHAN AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 282Appeal(s) allowed

The appellants, land owners, challenged an award dated 4 February 2003 made under the Land Acquisition Act, 1894, arguing that it was issued beyond the two‑year period prescribed by Section 11‑A, which requires an award to be made within two years of the last publication of the declaration under …

NAMDEOversusSTATE OF MAHARASHTRA

2007 INSC 283Dismissed

Namdeo, who had a long-standing dispute with his neighbour Ninaji over livestock, attacked Ninaji with an axe on the night of 25 October 2000, inflicting a fatal head wound. Ninaji’s son Sopan, who was present in the courtyard, witnessed the assault in electric light, chased the assailant and later …

ASH OK KUMAR KAPUR AND ORSversusASHOK KHANNA AND ORS

2007 INSC 284Matter referred to larger bench

The case concerned a pension fund set up as a trust by Mis Dunlop India Ltd. After the beneficiaries had been paid, the trustees applied to the Calcutta High Court under Section 34 of the Indian Trusts Act seeking a direction on the surplus fund. The High Court refused to entertain the application, …

VIJAY SINGH GOND AND ORS.versusUNION OF INDIA AND ORS.

2007 INSC 285

The petitioners, belonging to ten communities in Uttar Pradesh that were reclassified from Scheduled Castes (SC) to Scheduled Tribes (ST) by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002, filed a writ petition under Article 32 seeking a stay of the Act and permission to …

GEEJAGANDA SOMAIAHversusSTATE OF KARNATAKA

2007 INSC 278Dismissed

Geejaganda Somaiah was convicted for the murder of his relative Chengappa, who had been seeking an equitable partition of family land. After Chengappa disappeared while meeting a revenue inspector, his body was found the next day. The appellant surrendered, made a voluntary statement to police, and …

BOC INDIA LTD.versusBHAGWATL OXYGEN LTD.

2007 INSC 279Dismissed

BOC India Ltd. entered into a turnkey contract with Bhagwati Oxygen Ltd. for the erection, installation and commissioning of an oxygen plant at a lump‑sum price, subject to variations for imported components. Due to exchange‑rate and customs‑duty changes the price rose, and the parties later …

ALL BENGAL EXCISE LICENSEES ASSOCIATIONversusRAGHABENDRA SINGH AND ORS.

2007 INSC 270Appeal(s) allowed

The All Bengal Excise Licensees Association obtained an interim injunction from the Calcutta High Court prohibiting the State Excise authorities from holding any lottery for the final selection of excise shop licences without the Court's leave. Despite being fully aware of the order, the respondents …

BANDUversusSTATE OF MAHARASHTRA

2007 INSC 271Dismissed

The appellant Bandu was married to Shanta, who gave birth to a daughter Nita. After marital discord, Bandu alleged Nita was not his child and prevented Shanta from feeding her. On 1 January 1991, Bandu strangled Nita, as testified by Shanta, who was an eye‑witness, and the post‑mortem report showed …

YOGESH NARAIN SAXENAversusSTATE OF UTTARANCHAL

2007 INSC 273Dismissed

Yogesh Narain Saxena was convicted of murdering his neighbour's ten‑year‑old son, Sandeep, after the child's body was discovered in a tin box inside Saxena's quarter. The prosecution relied solely on circumstantial evidence, including the appellant's proximity to the victim, his presence in the …

UNION OF INDIAversusANANTO (DEAD) AND ANR.

2007 INSC 274

The respondent filed a writ petition seeking appointment of an arbitrator under Section 8(1)(b) of the Requisition and Acquisition of Immovable Properties Act, 1952. Before the High Court heard the petition, the matter was referred to a Lok Adalat, which directed the Union of India to appoint an …

N.K. WAHIversusSHEKHAR SINGH AND ORS.

2007 INSC 275Dismissed

The appellant filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act against Mis Western India Industries Ltd. and several of its directors, alleging joint liability for dishonoured cheques. The respondents contended they were not directors at the relevant time and that the …

R. BALASUBRAMANIAMversusADDITIONAL DEPUTY COMMERCIAL TAX OFFICER

2007 INSC 276Disposed off

The appellant, R. Balasubramaniam, purchased a property and was assessed sales tax arrears of Rs.83,53,477, including penalties. He challenged the assessment in a writ petition, which was dismissed, and then filed a writ appeal that remained pending before the Madras High Court. During the pendency …

THE DIRECTOR GENERAL, I.C.M.R.versusDR. D.K. JAIN AND ANR.

2007 INSC 277Dismissed

Dr. D.K. Jain (Respondent No.1) was appointed as a Statistical Officer on 14 May 1971 and his services were terminated on 10 April 1974. He challenged the termination and, during the pendency of the writ petition, joined another organization on 25 January 1975. The ICMR (appellant) later offered him …

SANJAYversusSTATE OF MAHARASHTRA

2007 INSC 252Appeal(s) allowed

The appellant, a husband, was convicted under IPC Sections 498-A read with 34 and 306 read with 34 for allegedly abetting his wife's suicide by self‑immolation. The sole evidence against him comprised three dying declarations of the deceased: the first indicated an accidental fire that the husband …

P. SURESH KUMARversusR. SHANKER

2007 INSC 253Disposed off

The appellant and respondent were partners in a firm with a joint bank account. The respondent allegedly withdrew Rs.12 lakh and later gave the appellant a post‑dated cheque of Rs.7 lakh as security under a police‑station compromise; the cheque was dishonoured and a complaint under Section 138 of …

SWAMI PRASADversusSTATE OF MADHYA PRADESH

2007 INSC 254Dismissed

Swami Prasad was charged with murdering his step‑brother Rameshwar during a property dispute. He went to the police station with the axe used in the killing and blood‑stained clothes, confessing that the deceased had been killed with that axe. The sole eye‑witness, the victim's sister, heard the …

OMKAR PRASAD VERMAversusSTATE OF MADHYA PRADESH

2007 INSC 255Appeal(s) allowed

The appellant, a government school teacher, was convicted under Section 376B of the Indian Penal Code for having sexual intercourse with a student, on the premise that the student was in his custody as a public servant. The trial court held the student to be a consenting adult and acquitted the …

VICE CHANCELLOR, M.D. UNIVERSITY, ROHTAKversusJAHAN SINGH

2007 INSC 256Appeal(s) allowed

Jahan Singh, a former Reader at Maharishi Dayanand University, Rohtak, was terminated during probation and later re‑appointed to take up a teaching post at the University of Zambia. He took two years of extraordinary leave without pay and, after returning, claimed annual increments for that period. …

COMMNR. OF SALES TAX, ORISSA AND ORS.versusCROWN RE-ROLLER (P) LTD. AND ORS.

2007 INSC 257Case Partly allowed

Crown Re‑roller (P) Ltd., a re‑rolling mill in Orissa, purchased iron and steel scrap from registered dealers. The State of Orissa, under an industrial policy, exempted raw material purchases from sales tax, but a 1989 notification shifted the taxable event to the first point of sale. The company …

COMMNR. OF SALES TAX, ORISSA AND ORS.versusCROWN RE-ROLLER (P) LTD. AND ORS.

2007 INSC 258Appeal(s) allowed

Crown Re-roller (P) Ltd., a re‑rolling mill, purchased iron and steel scrap from registered dealers after the State of Orissa issued a 1989 notification making such material taxable at the first point of sale. The company claimed a refund of sales tax under Section 14 of the Orissa Sales Tax Act, …

ANILBHAI M. PATEL AND ORS.versusSURYAPUR BANK AGENT D.B.H. SAMITI AND ORS.

2007 INSC 259Disposed off

The appellants, directors of City Co‑operative Bank Ltd., challenged a Gujarat High Court interim order that appointed an Administrator in place of the elected board, alleging that no prayer for such relief was made and that the court had usurped the statutory role of the Registrar under the Gujarat …

NEW DELHI MUNICIPAL COUNCILversusPAN SINGH AND ORS.

2007 INSC 260Appeal(s) allowed

The New Delhi Municipal Council (NDMC) had 17 senior Shift‑In‑Charge employees who voluntarily became Meter Readers and were given a higher pay scale as an ad‑hoc, personal measure. An industrial dispute was later raised by other Meter Readers, and the Industrial Tribunal awarded pay parity to those …

ISHWAR CHANDRA AND ORS.versusTHE ORIENT AL INSURANCE CO. LTD. AND ORS.

2007 INSC 261Dismissed

A motor accident on 28‑April‑1995 caused the death of a woman and injury to her son. The driver of the insured tractor had a licence that expired on 27‑August‑1994 and no renewal application had been filed before the accident. The Motor Accidents Claims Tribunal awarded compensation, and the insurer …

INDIA HOUSEHOLD AND HEALTHCARE LTD.versusLG HOUSEHOLD AND HEALTHCARE LTD.

2007 INSC 269Dismissed

The petitioners, India Household and Healthcare Ltd., entered into a Memorandum of Understanding and a licence agreement with the respondents, LG Household and Healthcare Ltd., which contained an arbitration clause. A dispute arose over the use of the LG logo and the respondents obtained an interim …

COMMISSIONER OF CUSTOMS (PREVENTIVE)versusVIJAY DASHARATH PATEL

2007 INSC 262Appeal(s) allowed

The respondents were detained for carrying 551 foreign‑origin gold biscuits, and the Commissioner of Customs held that they failed to discharge the burden of proof under Section 123 of the Customs Act, ordering confiscation and penalties. The Appellate Tribunal set aside the confiscation orders, …

U.O.I.versusJAI PRAKASH SINGH AND ANR.

2007 INSC 263Appeal(s) allowed

The writ petitioner sought permission to operate a Gramin PCO (Village Public Telephone) and the Allahabad High Court, in a non‑reasoned order, held that the Ministry of Communications' guidelines were arbitrary and violative of Article 14, directing the allotment of a VPT. The appellants appealed, …

THE MANAGING DIRECTOR, TNSTCversusSRIPRIYAND ORS.

2007 INSC 264Case Partly allowed

The widow of a bus driver employed by the Tamil Nadu State Transport Corporation (TNSTC) filed a claim for Rs.15,00,000 after his death in a bus accident. The Motor Accident Claims Tribunal awarded Rs.7,72,000 using a multiplier of 16 and 9% interest, also allowing amounts for loss of happiness, …

ND P NAMBOODRIPAD (DEAD) BY LRS.versusUNION OF INDIA AND ORS.

2007 INSC 265Case Partly allowed

The deceased N.D. Pamboodripad, a retired Kerala High Court Judge, challenged the pension fixed by the Kerala Government, arguing that his "emolument" for pension calculation should include dearness and special allowances (Rs 4,237 per month) and that the ceiling on the special additional pension …

M/S. SRIRAM INDUSTRIAL ENTERPRISES LTD.versusMAHAK SINGH AND ORS.

2007 INSC 266Dismissed

The workmen claimed they were illegally retrenched because they had completed at least 240 days of service in a calendar year, satisfying the condition precedent to retrenchment under Section 6N of the U.P. Industrial Disputes Act, 1947. The employer produced only an extract of the attendance …

A.V. PAPAYYA SASTRY AND ORS.versusGOVERNMENT OF A.P. AND ORS.

2007 INSC 246Dismissed

The appellants, land owners, had declared under the Urban Land (Ceiling and Regulation) Act, 1976 that their land was not surplus because it was already in the possession of the Visakhapatnam Port Trust. The competent authority accepted this and declared them non‑surplus. Subsequent land‑acquisition …

JANARDHAN NARASIMHA NAYAKversusBALWANT VENKATESH KULKARNI AND ANR.

2007 INSC 247Appeal(s) allowed

The plaintiff (Respondent No. I) filed a suit for specific performance of a 1972 contract of sale. The trial court decreed in his favour, but the First Appellate Court dismissed the appeal. The plaintiff then filed a second appeal under Section 100 of the CPC, which the Karnataka High Court allowed, …

M. VISHWESHWARA SHASTRYversusM. GOPALAKRISHNA BHAT AND ORS.

2007 INSC 248Appeal(s) allowed

M. Vishweshwara Shastry, a defendant in a suit decreed ex-parte, appealed the dismissal of his petition for restoration of the suit. The Karnataka High Court allowed the appeal on payment of costs and directed him to file a written statement within two weeks. Relying on erroneous advice from his …

M/S. WYAWAHARE & SONS AND ORS.versusMADHUKAR RAGHUNATH BHAVE

2007 INSC 249Disposed off

The appellant challenged the Bombay High Court's order allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908. The original suit was filed by the respondent-plaintiff, and after a first appeal was decided in favour of the appellant-defendants, the respondent filed a second …

REGIONAL PROVIDENT FUND COMMISSIONERversusM/S. RAJS CONTINENTAL EXPORTS (P.) LTD.

2007 INSC 250Dismissed

The Regional Provident Fund Commissioner appealed against a Karnataka High Court order that had held Raj's Continental Exports (P) Ltd was not a branch of Mis. Continental Exporters, a proprietorship owned by the same individual who was also the Managing Director of the company. The respondent …

STA TE OF PUNJAB AND ORS.versusSWARAN KAUR AND ORS.

2007 INSC 251Case Partly allowed

The State of Punjab took over Chanan Devi Memorial Girl High School and, through a letter from the Director of Public Instructions, instructed the District Education Officer to ensure that all staff possessed the qualifications prescribed under the Punjab State Class IV Service Rules, 1963. The …

STATE OF GOAversusSANJAY THAKRAN AND ANR.

2007 INSC 241Dismissed

The State of Goa appealed the acquittal of Sanjay and Anjali Thakran for murder, robbery and criminal conspiracy of a newly‑wed couple. The prosecution relied solely on circumstantial evidence – the accused were last seen with the victims, some jewellery and clothing were recovered from them, and …

JATINDERversusM/S. CHOPRA LAND DEV. P. LTD. AND ANR.

2007 INSC 243Dismissed

The appellant Jatinder Nath entered into a development agreement with Chopra Land Developers for construction of a housing complex in Delhi, agreeing that any dispute would be arbitrated by a sole arbitrator in Faridabad and that the Faridabad courts alone would have jurisdiction. When a dispute …

NELSON FERNANDES AND ORS.versusSPL. L.A.O. SOUTH GOA AND ORS.

2007 INSC 244Appeal(s) allowed

The Supreme Court heard appeals by Nelson Fernandes and others against the Bombay High Court’s order that reduced the compensation for land acquired for the Konkan Railway and rejected compensation for trees. The appellants argued that the High Court improperly rejected the government‑approved …

NATIONAL INSURANCE CO. LTD.versusLAXMI NARAIN DHUT

2007 INSC 245Appeal(s) allowed

The Supreme Court considered whether the principles laid down in National Insurance Co. Ltd. v. Swaran Singh (2004) apply to insurance claims other than third‑party risks, particularly own‑damage claims. It held that Section 149 of the Motor Vehicles Act, 1988, which imposes a duty on insurers to …

HIGH COURT OF A.P.versusSPL. DEPUTY COLLECTOR (LA) A.P. AND ORS.

2007 INSC 240Disposed off

The appeal challenged a Division Bench order that the Chief Justice's 2003 notice directing contempt matters to be listed before any judge with the roster to dispose of the main case violated the Contempt of Court Rules. The Supreme Court examined whether such a listing procedure was permissible …

VISHWANATH CHATURVEDIversusUNION OF INDIA AND ORS.

2007 INSC 236Disposed off

The petitioner filed a public interest litigation under Article 32 alleging that the Chief Minister of Uttar Pradesh, Mulayam Singh Yadav, and his family acquired assets disproportionate to their known sources of income, violating the Prevention of Corruption Act, 1988. The petition sought a writ of …

C.M.C. LTD.versusUNIT TRUST OF INDIA & ORS.

2007 INSC 237Dismissed

CMC Ltd entered into a technology upgrade agreement with Unit Trust of India that contained an arbitration clause stating that each party would appoint an arbitrator and that the arbitration would be conducted in accordance with the Indian Council of Arbitration (ICA) Rules. A dispute arose; the …

M/S. MIL INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NOIDA

2007 INSC 238Case Partly allowed

Mis Mil India Ltd, a manufacturer of plant and equipment for soaps and detergents, entered into composite contracts with Godrej Soaps Ltd and Galaxy Surfactants Ltd to supply both its own equipment and duty‑paid bought‑out items such as motor‑pumps and heat exchangers directly to the sites. The …

GURBACHAN LALversusREGIONAL ENGINEERING COLLEGE, KURUKSHETRA AND ORS.

2007 INSC 239Disposed off

Gurbachan Lal was appointed as a Senior Project Leader on a temporary basis in an Establishment Development Cell (EDC) created under a DST scheme at Regional Engineering College, Kurukshetra. When the three‑year grant ended, the Board of Governors decided not to merge the EDC with the main college …

NATIONAL THERMAL POWER CORPORATION LTD.versusSIEMENS ATKEINGESELLSCHAFT

2007 INSC 229Dismissed

The parties entered into a power plant contract, after which the respondent (Siemens) claimed compensation for delays and the appellant (NTPC) filed a counter‑claim. The arbitral tribunal, relying on a Minutes of Meeting that settled many issues, dismissed most of the counter‑claims as settled or …

STATE OF ARUNACHAL PRADESHversusM/S. DAMINI CONSTRUCTION

2007 INSC 230Dismissed

The State of Arunachal Pradesh entered a contract for road bridge construction with M/s Damini Construction, which later refused payment, leading to arbitration. An interim award dated 12‑10‑2003 was issued, which the State later sought to review by letter on 02‑04‑2004; the arbitrator replied on …

KARNATAKA POWER CORPORATION LTD. AND ANR.versusA.T. CHANDRASHEKAR

2007 INSC 231Appeal(s) allowed

The Karnataka Power Corporation Ltd. conducted an examination for Assistant Accounts Officers and, after allegations that the Chief Examiner had allowed some candidates to write the papers at his house and had performed "test checks" to add marks, sent the answer sheets of two candidates to …

SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.

2007 INSC 232Disposed off

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of …

UNION OF INDIA AND ORS.versusP.K. KUTTAPPAN

2007 INSC 233Disposed off

P.K. Kuttappan, an EDDA in the Postal Department, was dismissed on multiple charges of failing to deliver registered letters, alleged violations of Rule 17 of the P&T ED Agents (Conduct and Service) Rules, 1964. The Service Tribunal ordered his reinstatement with 50% back wages, a decision affirmed …

SARDAR KHAN AND ORS.versusSYED NAJMUL HASAN (SETH) AND ORS.

2007 INSC 234Disposed off

The Supreme Court examined whether the Wakf Act, 1995 barred civil courts from hearing a suit and its appeal that were filed before the Act came into force on 1 January 1996. The appellant Sardar Khan had filed a suit in 1976, which was dismissed in 1996, and the respondents appealed to the High …

AMAR NATH AGARWALLAversusDHILLON TRANSPORT AGENCY

2007 INSC 235Dismissed

The landlord, Amar Nath Agarwala, filed an eviction suit against Dhillon Transport Agency alleging that the tenant had sub-let, assigned or transferred possession of the premises without his consent. The original tenancy was granted to a partnership of four partners which later dissolved; all assets …

STATE OF RAJASTHANversusNETRAPAL AND ORS.

2007 INSC 217Dismissed

During the night of 25-26 November 1987 a dacoity was allegedly committed in Samarpur village, during which several houses were robbed and a victim was shot dead. The victims identified the accused in electric light and the police recovered empty gun bores and ornaments, which were also identified …

MAHARASHTRA STATE ROAD TRANSPORT CORP.versusPREMLAL

2007 INSC 218Dismissed

The Maharashtra State Road Transport Corporation (MSRTC) and a trade union entered into an industrial settlement in 1956 (Clause 49) granting any employee who worked continuously for 180 days the benefits of a time‑scale worker. A later settlement in 1985 (Clause 19) provided for the absorption of …

RABINDRA CHANDRA PAULversusCOMMR. OF CUSTOMS (PREVENTIVE) SHILLONG

2007 INSC 219Appeal(s) allowed

The appellant, Rabindra Chandra Paul, imported two consignments of refined soybean oil from Bangladesh at a C&F price of Rs 24.50 per kg. The Customs Department, doubting the declared value, asked for a cost break‑up and later invoked Rule 7A of the Customs Valuation Rules, 1988, rejecting the …

LALSAI KHUNTEversusNIRMAL SINHA AND ORS.

2007 INSC 220Dismissed

Lal Saij Khunte was elected to the Chhattisgarh Legislative Assembly but his election was challenged on the ground that he had been convicted under IPC sections 420, 34 and 468 and sentenced to two years' rigorous imprisonment, which under Section 8(3) of the Representation of the People Act, 1951 …

FOOD CORPORATION OF INDIA AND ANR.versusRAM KESH YADAV AND ANR

2007 INSC 221Dismissed

The Food Corporation of India (FCI) introduced a compassionate appointment scheme that allows dependants of workers who voluntarily retire on medical grounds to be appointed, provided the employee is below 55 years of age. The second respondent, a departmental worker, submitted a composite …

T. VENGAMAversusT. DORA SWAMY NAIDU AND ORS.

2007 INSC 222Appeal(s) allowed

The appellant had executed a General Power of Attorney (GPOA) in favour of the first respondent, later cancelled it, but the first respondent still executed a sale deed in favour of the second respondent using the revoked GPOA. A private complaint was filed, leading to an FIR and registration of a …

PROBODH PURKAITversusSTATE OF WEST BENGAL AND ORS

2007 INSC 216Dismissed

The case concerned a double murder that occurred on 15 January 1985 when an alleged unlawful assembly, allegedly led by Probodh Purkait, attacked the houses of Payed Ali Laskar and Dr. Srinibas Roy, dragging out and killing Abdur Rahaman Laskar and Abdur Molla. The trial court convicted six persons …

STATE OF H.P.versusGEHAR SINGH

2007 INSC 223Dismissed

The petitioners were daily‑wage workers in the Himachal Pradesh Irrigation and Public Works Department who had served for more than ten years. A betterment scheme, modified by the Supreme Court in the Moo Raj Upadhyaya case, provided that such workers completing ten years of continuous service as of …

NALINI SHANKARAN AND ORS.versusNEELKANTH MAHADEO KAMBLE AND ORS.

2007 INSC 224Appeal(s) allowed

The Somvashi Arya Samaj Trust entered into an agreement with the accused to construct a community hall, which the accused failed to do, leading the Trust’s Chief Managing Trustee to file a criminal complaint under Sections 418, 409, 166 read with 114 IPC. The accused obtained a compromise with the …

S.N.S. (MINERALS) LTD. AND ANRversusUNION OF INDIA AND ORS.

2007 INSC 225Dismissed

S.N.S. (Minerals) Ltd. and another challenged the excise authority's order quantifying duty and imposing a penalty on limestone chips. The High Court set aside the penalty but left the duty demand untouched. On appeal, the appellants argued that the High Court should also have struck down the duty …

SMT. KIRAN SINGHversusUNION OF INDIA AND ORS.

2007 INSC 226Appeal(s) allowed

The dispute concerned the appointment of a candidate (the appellant) to the post of Extra Departmental Branch Post Master (EDBPM) in Jaunpur. Both the appellant and respondent No.5 had passed the High School Examination with first division, but the service rules and a 1993 circular required that, …

B.C. SHIVASHANKARAversusB.R. NAGARAJ

2007 INSC 227Disposed off

The appellant, B.C. Shivashankara, challenged a second appeal allowed by the Karnataka High Court in favour of B.R. Nagraj. The High Court had permitted the appeal under Section 100 of the Code of Civil Procedure but failed to formulate any substantial question of law as required by the statute. The …

K. MADALAIMUTHU AND ANR.versusSTATE OF TAMIL NADU AND ORS.

2007 INSC 228Disposed off

Petitioners K. Madalaimuthu and A. Arumuga Nainar filed a contempt petition against IAS officers M. Devaraj and M. Muthusamy, alleging willful disobedience and disrespect of a Supreme Court order dated 4 July 2006 that directed their promotion in the Tamil Nadu Registration Service. They also sought …

NADIMUTHU AND ORS.versusTHE STATE REP. BY INSPECTOR OF POLICE

2007 INSC 208Dismissed

The case involved four accused who tied, beat, strangled and poisoned the deceased, who was the brother of three accused and son of the fourth. The wife of the deceased (PW‑1) initially gave a false account to the Village Administrative Officer under threat, but later narrated the true events to her …

VIJAY SINGH CHARAKversusUNION OF INDIA AND ORS.

2007 INSC 209Appeal(s) allowed

The appellant, a State Forest Service officer, was placed at No. 26 in a 1991 select list for induction into the Indian Forest Service (IFS) but was not appointed. He challenged the list, and the Jammu & Kashmir High Court sent the matter back to the Selection Committee instead of deciding its …

STATE OF MANIPUR AND ANR.versusKSH. MOIRANGNINTHOU SINGH AND ORS.

2007 INSC 210Appeal(s) allowed

The respondents, members of the Manipur Home Guards, filed writ petitions seeking regularisation of their service and the grant of regular pay scales and pension benefits. The Guwahati High Court ordered the State to regularise them and to extend all service benefits applicable to regular government …

RAMESH CHANDER SINGHversusHIGH COURT OF ALLAHABAD AND ANR

2007 INSC 207Disposed off

The appellant, an Additional District & Sessions Judge, granted bail to an under‑trial accused in a murder case after considering factors such as the filing of the charge‑sheet, the accused's ill father, and lack of prior convictions. A complaint was filed alleging the judge had taken illegal …

SHAHJAJHAN AND ORS.versusSTATE OF KERALA AND ANR.

2007 INSC 211Dismissed

The appellants, a group of five men, were convicted for the murder of Abdul Samad and for causing injuries to two eyewitnesses under Sections 302, 324 and 34 of the IPC. The High Court altered one conviction from Section 302 to Section 304 (II) but upheld the others. On appeal, the accused argued …

ALPESH NAVINCHANDRA SHAHversusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 212Case Allowed

Alpesh Na Vinchandra Shah and his brother were arrested for mis‑declaring import consignments and evading customs duty. Both were detained under section 3(1) of the COFEPOSA Act. They later applied for settlement under section 1278 of the Customs Act; the Settlement Commission accepted full duty …

MANAGER, ICICI BANK LTD .versusPRAKASH KAUR AND ORS.

2007 INSC 213Appeal(s) allowed

The petitioner, Prakash Kaur, had taken a hire‑purchase loan from ICICI Bank for a truck and defaulted on instalments. The bank, through its agent Kartik Associates, forcibly seized the vehicle. The petitioner filed a writ petition seeking registration of a FIR against the bank and police for …

SHRI VISHWA NATH SHARMAversusSHYAM SHANKAR GOELA AND ANR.

2007 INSC 214Dismissed

The plaintiff sued for specific performance of a 1978 agreement to sell a plot that was sub‑leased by a cooperative society and required Delhi Development Authority (DDA) permission for transfer. The defendant‑appellant cancelled the agreement, returned the advance and claimed the plot could not be …

PUNE MUNICIPAL CORPORATIONversusSTATE OF MAHARASHTRA AND ORS

2007 INSC 215Appeal(s) allowed

The Pune Municipal Corporation (PMC) was allotted land declared excess under the Urban Land (Ceiling & Regulation) Act, 1976 after the State vested the land in it and the corporation paid the occupancy price. The land owners had earlier filed a statement under Section 6, received a final order under …

KRISHNAMURTHY S. SETLUR DEAD BY LRS.versusO.V. NARASIMHA SETTY & ORS.

2007 INSC 192Appeal(s) allowed

The case arose from a long‑running dispute over ownership of certain lands originally sold by Kalyana Sundram Iyer. K.S. Setlur claimed title by adverse possession, asserting that tenant Shyamala Raju had attorned to him in 1946 and that he had been in possession for more than twelve years, a claim …

D.K. GANESH BABUversusP.T. MANOKARAN AND ORS.

2007 INSC 191Case Partly allowed

The complainant appealed against a Madras High Court order that granted anticipatory bail under Section 438 of the Cr.P.C. to three accused who were apprehending arrest in a dowry‑related murder case. The High Court had stipulated detailed conditions and effectively released the accused without …

VIJAY SINGHversusUNION OF INDIA AND ORS.

2007 INSC 193Appeal(s) allowed

Head Constable Vijay Singh was dismissed after a departmental enquiry for allegedly failing to follow diary procedures and overwriting entries. The enquiry was preceded by a preliminary enquiry, but the department did not obtain prior approval from the Additional Commissioner of Police as mandated …

UTTRANCHAL FOREST DEVELOPMENT CORPORATIONversusM.C. JOSHI

2007 INSC 194Case Partly allowed

The appellant Uttarakhand Forest Development Corporation terminated the services of M.C. Joshi, a seasonal daily‑wage worker, on 24 November 1991. After a delay of six years, Joshi raised an industrial dispute, and the Labour Court held that the corporation had contravened Section 6N of the U.P. …

KHAZAN SINGH (D) BY LRS.versusGURBHAJAN SINGH AND ORS.

2007 INSC 195Appeal(s) allowed

The case concerned a decree for possession of 2 bighas 17 biswas of agricultural land granted in 1953, of which only 10 biswas were actually delivered and the remaining 2 bighas 7 biswas were said to be in symbolic possession. The decree holder later sought delivery of certain "kothas" (structures) …

HARJIT SINGH AND ANR.versusTHE STATE OF PUNJAB AND ANR.

2007 INSC 196Case Partly allowed

Harjit Singh and another, constables in the Punjab Police, were dismissed for being absent from guard duty at a hospital where an elderly convict was shackled. They challenged the dismissal, arguing that the disciplinary authority had not complied with Rule 16.2 of the Punjab Police Rules and the …

M/S VIVIDH MARBLES PVT. LTD.versusCOMMERCIAL TAX OFFICER

2007 INSC 197Dismissed

The State of Rajasthan introduced two sales‑tax incentive schemes, a 1987 scheme offering 100% exemption and a 1989 scheme offering 75% exemption, and allowed entrepreneurs to opt for one. Vividh Marbles Pvt Ltd chose the 1989 scheme and obtained an eligibility certificate, but the assessing …

NAIR SERVICE SOCIETYversusSTATE OF KERALA

2007 INSC 198Case Allowed

The Supreme Court examined the validity of the Kerala government's notification dated 27 May 2000, which accepted the Narendran Commission report on identifying the ‘creamy layer’ among Other Backward Classes. The petitioners, Nair Service Society, argued that the notification violated the Supreme …

M/S. POPCORN ENTERTAINMENT AND ANR.versusCITY INDUSTRIAL DEVELOPMENT CORPN. AND ANR.

2007 INSC 199Disposed off

Popcorn Entertainment applied to CIDCO for a plot to build a multiplex; CIDCO allotted the plot, the appellant paid the full price and a lease agreement and commencement certificate were issued. CIDCO later cancelled the allotment, invoking Section 23 of the Indian Contract Act (public policy) and …

NATHUNI RAMversusRAGHUPAT RAM AND ORS.

2007 INSC 200Appeal(s) allowed

Nathuni Ram filed a suit for declaration of title and confirmation of possession over 36 decimal of land. The trial court dismissed the suit, but the first appellate court allowed him possession of 22 decimal and gave the defendants possession of the remaining 14 decimal. Nathuni Ram appealed to the …

RAM PRASAD RAI @ RAM PRASAD SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

2007 INSC 201Disposed off

The appellants, Ram Prasad Rai and others, challenged the legality of a land acquisition proceeding under the Land Acquisition Act, 1894, alleging that their land was to be taken by the State of Bihar. While their writ petition (CWJC No. 3232/2004) was pending, another writ petition and a …

SHARE MEDICAL CAREversusUNION OF INDIA AND ORS.

2007 INSC 202Appeal(s) allowed

Share Medical Care, a charitable hospital society, imported medical equipment in 1992‑93 and obtained customs duty exemption under paragraph 2 of Notification No. 64/88. The society later applied for exemption under paragraph 3, claiming eligibility as a non‑profit rural institution, but the Deputy …

P. MOHANAN PILLAIversusSTATE OF KERALA AND ORS.

2007 INSC 203Appeal(s) allowed

The appellant, a worker of Oil Palm India Limited, applied for one of twelve vacant watchman/messenger/attender posts. Although he topped the written exam, the company later enlarged the interview zone from a 1:3 to a 1:4 ratio, lowered the cut‑off marks to 46 and fixed 100 marks for the viva, …

MANISH MAHESHWARIversusASS TT. COMMISSIONER OF INCOME TAX AND ANR.

2007 INSC 204Appeal(s) allowed

The assessee company Mis Indore Construction Co. Pvt. Ltd. was subjected to a block assessment under Section 158BC of the Income Tax Act after a search was conducted at the residence of its director, Rameshwar Maheshwari, under Section 132. The Assessing Officer issued a notice under Section 15880 …

M/S. MAHIM PATRAM PRIVATE LTD.versusUNION OF INDIA & ORS.

2007 INSC 205Dismissed

Mahim Patram Private Ltd., a contractor printing examination papers for entities outside Uttar Pradesh, was assessed sales tax on its works contracts for AY 2002‑03 and 2003‑04. The Central Sales Tax Act, 1956 had been amended to bring works contracts within the definition of "sale" but no Central …

ASHOK KUMAR SONKARversusUNION OF INDIA AND ORS.

2007 INSC 206Dismissed

The appellant applied for a lecturer post at Banaras Hindu University in May 1995 without having completed the mandatory M.D. qualification, though he submitted a certificate of admission and later passed the exam in October 1995. The University’s Visitor (the President of India) annulled his …

MADHYA PRADESH RAJYA SAHAKARL BANK MARYADITversusSTATE OF M.P. AND ORS.

2007 INSC 185Dismissed

The appellant, Madhya Pradesh Rajya Sahakari Bank Maryadit, challenged a 1997 order by the Registrar of Co-operative Societies that amended recruitment rules to include reservation for SC, ST, OBC and physically handicapped persons. The High Court set aside the order as ultra vires, and the …

P. RAGHAVA KURUP AND ANR.versusV. ANANTHAKUMARI AND ORS.

2007 INSC 186Dismissed

The respondent, a peon in a private aided school, possessed the qualifications for a High School Assistant (Hindi) language teacher position that became vacant. The school appointed another candidate, prompting the respondent to seek appointment under Kerala Education Rules, 1959. The Director of …

SATLSH JAGGIversusSTATE OF CHHATTLSHGARH AND ORS.

2007 INSC 187Disposed off

The appellant, Satish Jaggi, filed a petition under Section 407 of the Code of Criminal Procedure seeking transfer of a criminal trial from the Sessions Judge, Raipur, on the ground that the judge's brother was a sitting MLA closely associated with the father of one of the accused, a former Chief …

VINAY KR. KHAMBATEversusVINAY KR. AGGARWAL AND ORS.

2007 INSC 188Case Partly allowed

The landlord filed an eviction petition under Section 22(d) of the Delhi Rent Control Act, 1958 against the tenant, who died during the proceedings. The landlord then moved an application under Order XXII Rule 4 of the CPC asserting that the tenant's son could not inherit the tenancy. The Additional …

M/S. TRANSPORT CORPORATION OF INDIA LTD.versusM/S. VELJAN HYDRAIR LTD.

2007 INSC 189Dismissed

The Transport Corporation of India Ltd, a common carrier, was entrusted by Veljan Hydra Ltd with a hydraulic cylinder consignment in 1996. The carrier repeatedly assured the consignee that it was locating the goods but never informed them of any loss, and the consignment was never delivered. Veljan …

VINOD G. ASRANIversusSTATE OF MAHARASHTRA

2007 INSC 181Dismissed

Vinod G. Asrani and three others filed writ petitions challenging their prosecution under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), arguing that no approval under s.23(1)(a) was obtained for investigating Asrani and that the subsequent sanction under s.23(2) was therefore …

MOHANLAL AND ORS.versusSTATE OF HARYANA

2007 INSC 182Appeal(s) allowed

The Supreme Court reviewed the conviction of the father‑in‑law, mother‑in‑law and others for murder under Sections 302 and 34 of the IPC, which was based solely on the victim’s dying declaration that they set her on fire over a dowry dispute. The Court reiterated that a dying declaration can support …

M/S SAHARA INDIA AND ORS.versusM.C. AGARWAL HUF

2007 INSC 183Disposed off

Mis Sahara India and others filed a suit for possession against M.C. Agarwal HUF. The trial court, after several adjournments, decreed the suit despite the defendants' non‑appearance and without setting them ex parte. The defendants appealed, but the Delhi High Court dismissed the appeal by a …

SMT. MAYADEVIversusJAGDISH PRASAD

2007 INSC 184Dismissed

The Supreme Court upheld the decree of divorce granted to the husband on the ground of cruelty under the Hindu Marriage Act, 1955. The husband alleged that his wife repeatedly demanded money, denied food, threatened him and the children, and physically abused the children, culminating in the death …

MANGI LALversusSTATE OF RAJASTHAN

2007 INSC 158Dismissed

The appellant, Mangilal, a Mines Foreman Grade‑II who held a diploma in mining and later obtained a degree, sought direct promotion to the post of Assistant Mining Engineer under the Rajasthan Mines and Geological Service Rules, 1960. The Rules stipulated that promotion to Assistant Mining Engineer …

THE STATE OF WEST BENGAL AND ORS.versusM/S VEEJAY INTERNATIONAL (INDIA) AND ORS.

2007 INSC 159Appeal(s) allowed

The State of West Bengal issued the West Bengal Rice and Paddy Control Order, 1997 under the Essential Commodities Act, 1955, containing clauses 9 and 10 that regulated storage, transport and export of rice and paddy. A writ petition challenged these clauses as being inconsistent with the …

NATIONAL INSURANCE CO.LTD.versusM/S. ISHAR DAS MADAN LAL

2007 INSC 160Dismissed

The respondent, a jeweller, insured his jewellery against theft with National Insurance Co. Ltd. The policy contained an exclusion clause that denied cover for theft by a "customer" of property "entrusted" to them. An unknown customer entered the shop and stole jewellery. The insurer denied the …

JULIETA ANTONIETA TARCATOversusSULEIMAN ISMAIL

2007 INSC 161Appeal(s) allowed

The appellant, owner of a flat, had temporarily moved to her brothers' premises after a severe burn injury and let the flat to the respondent on a licence basis. She later sought eviction of the respondent, claiming a bona fide personal need for her own flat for herself and her nephews/niece. The …

S.T. RAMESHversusSTATE OF KARNATAKA AND ANR .

2007 INSC 162Appeal(s) allowed

S.T. Ramesh, an IPS officer with a career marked by "very good", "excellent" and "outstanding" grades, was assigned an "average" rating with adverse remarks in his Annual Confidential Report for the 150‑day period of 16 Oct 1996 to 15 Mar 1997. He petitioned the Central Administrative Tribunal under …

STATE OF MAHARASHTRA AND ORS.versusTUKARAM TRYAMBAK CHAUDHARI AND ORS.

2007 INSC 163Dismissed

The petitioners, the State of Maharashtra, appealed against a Bombay High Court judgment that upheld the appointment of graduate teachers holding B.Ed. qualifications as "trained teachers" in primary schools up to the 7th standard. The respondents, a group of private school teachers, had been …

NEW DELHI MUNICIPAL COUNCILversusP.P. GARG AND ANR.

2007 INSC 164Dismissed

The respondents were initially recruited as Mechanics (Auto) in the Auto Workshop of the New Delhi Municipal Council (NDMC) and were paid under the Shiv Shankar Committee pay scale, which applied to the Electrical Wing. They were later promoted to the post of Assistant Engineer (E & M), and NDMC …

KAMALA S.versusVIDYADHARAN M.J. AND ANR.

2007 INSC 165Appeal(s) allowed

The appellant Kamala S. was charged under Section 138 of the Negotiable Instruments Act for issuing a cheque that was dishonoured for insufficient funds. She contended that the cheque was drawn to settle the balance of a property sale, not to discharge any debt. The trial court found her defence …

S.M.S. PHARMACEUTICALS LTD.versusNEETA BHALLA AND ANR.

2007 INSC 166Dismissed

The appellant, S.M.S. Pharmaceuticals Ltd., filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act alleging that a cheque issued by the respondent company was dishonoured. The complaint named the company, its Managing Director, and Director Neeta Bhalla, asserting that the …

P.S. RANAKRISHNA REDDYversusM.K. BHAGYALAKSHMI AND ANR.

2007 INSC 167Dismissed

The appellant, a landlord, had taken loans from the respondent, a tenant, and later entered into a written agreement described as a sale of the same property for Rs.45,000, with Rs.15,000 paid as advance. The respondent sued for specific performance under Section 20 of the Specific Relief Act, 1963, …

COMMNR, SALES TAX, U.P.versusM/S BHARAT BONE MILL

2007 INSC 168Appeal(s) allowed

The appellant, Bharat Bone Mill, manufactures crushed bone and argued that the product should be classified as a fertilizer and therefore exempt from Uttar Pradesh sales tax under the state's exemption notifications. The State had earlier exempted fertilizers (including chemical fertilizers) but …

CHINTAMANI AMMALversusNANDAGOPAL GOUNDER AND ANR.

2007 INSC 170Dismissed

The appellant, Chintamani Ammal, claimed a share in agricultural land that was part of a joint Hindu family after her father, Kesava Gounder, died in 1943. She alleged that her father had expressed an intention to sever his joint family status before death, relying on oral testimony of her aunt. The …

ALLAHABAD BANKversusSTATE OF WEST BENGAL AND ORS.

2007 INSC 171Disposed off

Allahabad Bank entered into agreements to purchase land and construct a 29‑flat building in Calcutta. After completing the building, the bank sought permission to sell the land under the Urban Ceiling and Regulation Act, 1976, but the Competent Authority rejected the application, deeming the land …

NEW INDIA ASSURANCE CO. LTD.versusVEDWATI AND ORS.

2007 INSC 172Appeal(s) allowed

The case involved a tractor classified as a "goods carriage" that was carrying a passenger who died in an accident. The deceased's dependents filed a claim under the Motor Vehicles Act, 1988 seeking compensation from the insurer, New India Assurance Co. Ltd. The Motor Accident Claims Tribunal and …

M/S. BHANDARI CONSTRUCTION COMPANYversusNARAYAN GOPAL UPADHYE

2007 INSC 173Appeal(s) allowed

The appellant, Bhandari Construction Company, sold an office space to the respondent, Narayan Gopal Upadhye, for Rs.7,75,000 as per a written agreement dated 27‑7‑1997. The respondent paid Rs.5,00,000 by cheque but claimed to have paid the remaining balance, including Rs.4,00,000 in cash, for which …

PUNJAB STATE WAREHOUSING CORPN., CHANDIGARHversusMANMOHAN SINGH AND ANR.

2007 INSC 174Appeal(s) allowed

The Punjab State Warehousing Corporation, a statutory body governed by the Punjab Warehousing Corporation Act, 1957, issued a circular on 23 January 2001 purporting to regularise state employees. Respondent No.1, Manmohan Singh, was appointed on a contract basis, his contract was later not renewed …

MANJABAI KRISHNA PATIL (D) BY LRS.versusRAGHUNATH REVAJI PATIL AND ANR.

2007 INSC 176Appeal(s) allowed

The appellants sold land to the respondents by a deed dated 29‑11‑1966, which was registered on 17‑12‑1966. On the same day the respondents executed a separate agreement of reconveyance, promising to return the land after five years upon receipt of the purchase price. The respondents failed to …

THIRNEEDHI CHANNAIAHversusGUDIPUDI VENKATA SUBBA RAO (D) BY LRS. & ORS.

2007 INSC 177Appeal(s) allowed

The appellant entered into a sale agreement on 19 July 1981, paying Rs 50,000 as advance with the balance due by 25 February 1982, and a separate agreement stipulated forfeiture of the advance on default. Before the sale deed could be executed, a notification under Section 4(1) of the Land …

STATE OF MANIPUR AND ORS.versusY. TOKEN SINGH AND ORS.

2007 INSC 178Appeal(s) allowed

The State of Manipur appointed several individuals as Mandols, Process‑Servers and Zilladars in its Revenue Department without any recruitment rules and without the knowledge of the State Government. The appointments were made on a temporary basis, no records were kept, and the Revenue Commissioner …

LACHHMAN DASSversusJAGAT RAM AND ORS.

2007 INSC 179Appeal(s) allowed

Lachhman Dass, a tenant who had purchased a suit property from Jagat Ram and his wife, challenged a consent decree that granted a pre‑emption right to the daughter of the original owner, who had filed a suit for pre‑emption without impleading Dass. The Supreme Court held that the decree was void …

RAYMOND LTD. AND ANR.versusSTATE OF CHHATTISGARH AND ORS.

2007 INSC 180Dismissed

Raymond Ltd. sought to sell its cement division and applied to the Collector under Section 31 of the Indian Stamp Act, 1899 for pre‑assessment of stamp duty. The Collector, after valuation, assessed duty and, under Section 32, endorsed the deed of conveyance, after which the instrument was stamped …

KALEGURA PADMA RAO AND ANR.versusTHE STATE OF A.P. REP. BY THE PUBLIC PROSECUTOR

2007 INSC 154Case Partly allowed

The deceased was assaulted by a group of accused after a dispute over his auto and later died from the injuries. The trial court convicted the accused under sections 148, 448 r.w. s.149, 302/149 and 324/149 IPC; the High Court affirmed these convictions for some. On appeal, the Supreme Court …

MANJUNATH CHENNABASAPA MADALLIversusSTATE OF KARNATAKA

2007 INSC 155Appeal(s) allowed

Manjunath Chennabasapa Madalli was convicted by the trial court for the murder of his wife Sumithra under Sections 302 and 498A of the Indian Penal Code, based largely on circumstantial evidence and an alleged dying declaration. The Karnataka High Court set aside the 498A conviction but upheld the …

GEN. MANAGER, M/S. HUTTI GOLD MINES CO.versusSHIVAPPA (D) THR. HIS LRS. AND ORS.

2007 INSC 156Disposed off

The Supreme Court examined an appeal against a Karnataka High Court interim order that stayed execution of land acquisition awards pending the appellant’s deposit of 50% of the enhanced compensation, solatium, additional market value and interest, and allowed claimants to withdraw the amount. The …

JYOTSNA DWIVEDIversusUNION OF INDIA & ORS.

2007 INSC 157Disposed off

The petitioner, Jyotsna Dwivedi, filed a writ petition under Article 32 of the Constitution seeking a mandamus directing the Union of India to promptly fulfil welfare packages promised to widows of Kargil war martyrs. The Supreme Court issued several directions, after which the Ministry of Petroleum …

CHANDRAPPA AND ORS.versusSTATE OF KARNATAKA

2007 INSC 142Appeal(s) allowed

The appellants were acquitted by the trial court of offences under Sections 143, 147, 148, 302, 324 and 149 IPC because the court found contradictions in eye‑witness testimony and noted that key witnesses were not examined, giving them the benefit of doubt. The State appealed under Section 378 of …

RAM SINGHversusSONIA AND ORS.

2007 INSC 143Disposed off

The Supreme Court examined the murder of a family of ten, including three infants, committed by A‑1 (Sonia) and her husband A‑2 (Sanjiv) to prevent the transfer of property to the step‑brother. The trial court convicted them under Sections 302, 34 and 120‑B IPC and sentenced them to death, a …

HARBANS SINGHversusSTATE (GOVT. OF NCT OF DELHI)

2007 INSC 144Dismissed

Harbans Singh and Mohd. Ayub Mir were arrested after a police raid in which a hawala transaction of Rs 7 lakhs was intercepted, the money being handed over in a polythene packet to Mir, a member of Lashkar‑e‑Taiba. Both accused gave confessional statements that were recorded by the DCP Special …

IMTIAZ AND ANR.versusSTATE OF UTTAR PRADESH

2007 INSC 145Dismissed

The dispute arose over the cleaning of a drainage channel when the complainant and his brothers were attacked by twelve accused who arrived armed with spears and lathis. The accused ordered them to stop, and when they refused, three of the accused inflicted spear blows on the brothers, resulting in …

SHYAMversusSTATE OF M.P. THROUGH P.S. BERCHA

2007 INSC 146Dismissed

The appellant Shyam was convicted for the murder of Kailash on 27 October 1995 based on the testimony of the deceased's widow, who witnessed the assault and identified Shyam as the assailant. The trial court sentenced him to life imprisonment under Section 302 read with Section 34 of the IPC; the …

ABBAS ALIversusSTATE OF RAJASTHAN

2007 INSC 147Case Partly allowed

Abbas Ali was convicted by the trial court and the Rajasthan High Court for murder under Section 302 IPC for stabbing a sleeping victim on a railway overbridge. On appeal, the Supreme Court examined the mens‑rea requirements of Sections 299 and 300 IPC, focusing on the distinction between knowledge …

UNION PUBLIC SERVICE COMMISSIONversusS. THIAGARAJAN AND ORS.

2007 INSC 148Appeal(s) allowed

The Union Public Service Commission (UPSC) selected officers for promotion from the State Forest Service to the Indian Forest Service (IFS) for the year 1998 in accordance with the IFS (Appointment by Promotion) Regulations, 1966 as amended on 31‑12‑1997. The first respondent, a Deputy Conservator …

S. SANKARANversusD. KAUSALYA

2007 INSC 149Appeal(s) allowed

The testator executed a will in 1986 appointing his younger daughter's eldest son as executor, and the appellant sought probate. The elder daughter contested, alleging a prior 1982 will bequeathing equal shares and claiming the 1986 will was forged. A Single Judge of the Madras High Court held the …

ALOK SHANKER PANDEYversusUNION OF INDIA AND ORS.

2007 INSC 150Disposed off

The appellant applied for a flat under the Indira Puram Housing Scheme in 1994 and paid all required installments, but the flat was never allotted. In 2001 he demanded a refund of the installments with 21% interest, but the authority refunded only the principal amount. He filed a claim under Section …

VEMA CHINA KOTESWARA RAOversusDISTRICT COLLECTOR AND ORS.

2007 INSC 151Dismissed

Vema China Koteswara Rao filed a public interest litigation seeking to declare the permission granted to install a statue of the late ex‑MLA Verna Yellaiah on government premises as illegal, alleging it violated Government Order (GO) No.393 dated 13‑June‑2000. The Andhra Pradesh High Court dismissed …

UNION OF INDIA AND ANR.versusKAUSHALAYA DEVI

2007 INSC 152Appeal(s) allowed

The respondent, a freedom fighter, applied for a pension but her claim was not supported by a jail certificate; instead it was based on the oral testimony of another detainee, constituting secondary evidence. The central issue was whether the pension should be backdated to the date of her …

DELHI ELECTRICITY REGULATORY COMMISSIONversusBSES YAMUNA POWER LIMITED AND OTHERS

2007 INSC 153Dismissed

The case concerned the Delhi Electricity Regulatory Commission’s (DERC) decision to reduce the depreciation rate for the newly privatized distribution companies from 6.69% to 3.75% in its 2003 tariff order. The respondents, the distribution companies including BSES Yamuna Power Ltd., argued that the …

SUMAN PANDEYversusSTATE OF UTTAR PRADESH AND ANR.

2007 INSC 140Appeal(s) allowed

The appellant Suman Pandey alleged that her brother was murdered by Jitendra Pratap Singh, the sole accused. An eye‑witness, Priyanka Tiwari, had given a statement under Section 164 CrPC but was studying abroad and could not be examined until her summer vacation. The High Court, after several bail …

JAKKI @ SELVARAJ AND ANR.versusSTATE REP. BY THE IP, COIMBATORE

2007 INSC 141Dismissed

The appellants, JAKKI @ SELVARAJ and another, were convicted under Sections 148 and 302 IPC for the murder of a deceased, based primarily on the testimony of an eye‑witness (PW‑13) and corroborating medical evidence. Two other eye‑witnesses turned hostile, and the High Court acquitted four …

SRI RAJENDRA SINGH RANA AND ORS.versusSWAMI PRASAD MAURYA AND ORS.

2007 INSC 139Disposed off

In 2003, thirteen Uttar Pradesh MLAs elected on the Bahujan Samaj Party (BSP) ticket met the Governor and asked him to invite the Samajwadi Party to form the government, thereby voluntarily relinquishing their BSP membership. The BSP leader filed a petition under Article 191 read with paragraph 2 of …

STATE OF MAHARASHTRA AND ORS.versusLALIT SOMDATTA NAGPAL AND ANR.

2007 INSC 129Disposed off

The Supreme Court examined whether offences under the Essential Commodities Act, 1955 (including those committed during the period of the Essential Commodities (Special Provisions) Act, 1981) fall within the ambit of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). It held that the 1955 …

JAGRAJ SINGHversusBIRPAL KAUR

2007 INSC 130Dismissed

Jagraj Singh married Birpal Kaur in 1993; the wife later filed for divorce under Section 13 of the Hindu Marriage Act alleging desertion and cruelty. The trial court ruled it lacked territorial jurisdiction but nonetheless decided the merits, denying divorce. The High Court, invoking Section 23(2) …

STATE BANK OF INDIA AND ANR.versusSOMVIR SINGH

2007 INSC 131Appeal(s) allowed

The mother of a deceased State Bank of India employee applied for a compassionate appointment for her son, Somvir Singh. The bank's competent authority rejected the request, finding that the family was not in penury after considering terminal benefits, pension, investments, and other income as per …

DEEPA GOURANG MURDESHWAR KATREversusTHE PRINCIPAL, V.A.V. COLLEGE OF ARTS & ORS.

2007 INSC 132Appeal(s) allowed

The appellant, Deepa Gourang Murdeshwar Katre, was appointed on a temporary basis as an English lecturer in a government‑aided college where the post was reserved for Scheduled Caste candidates. For six successive years no Scheduled Caste applicant applied, and the college repeatedly appointed her …

DARSHAN SINGHversusSTATE OF PUNJAB

2007 INSC 133Appeal(s) allowed

Darshan Singh, an Accounts Clerk, was suspended in 1965 on allegations of embezzlement, later acquitted and reinstated with his suspension treated as duty. He sued the State of Punjab for full pay and allowances for the suspension period (25‑May‑1965 to 28‑Apr‑1978) and was awarded Rs 60,586.75 with …

STATE OF NCT OF DELHIversusRAVI KANT SHARMA AND ORS.

2007 INSC 134Appeal(s) allowed

The State of NCT of Delhi sought to compel the accused, Ravi Kant Sharma and others, to be supplied with the "gists" of statements recorded by the investigating officer during interrogation. The trial court held that such gists amounted to statements under Section 161(3) of the Criminal Procedure …

DIVISIONAL CONTROLLER, G.S.R.T.C.versusKADARBHAI J. SUTHAR

2007 INSC 135Appeal(s) allowed

The respondent, a driver for the Gujarat State Road Transport Corporation, caused a fatal accident; he was acquitted in the criminal trial but the corporation dismissed him after departmental proceedings found him guilty of misconduct. The Labour Court reinstated him without back wages, citing the …

SHIVU AND ANR.versusR.G. HIGH COURT OF KARNATAKA AND ANR.

2007 INSC 136Dismissed

The accused were convicted of raping and murdering a young woman, Shivamma, under IPC sections 376 and 302 read with section 34, based solely on circumstantial evidence. The trial court sentenced them to death, which the Karnataka High Court confirmed under Section 366 of the CrPC. On appeal, the …

CHHEDI LAL MISRA (DEAD) THROUGH LRS.versusCIVIL JUDGE, LUCKNOW AND ORS.

2007 INSC 137Dismissed

The appellant obtained the disputed property through a conveyance from the Wakif and his Mutwalli after a collusive suit in 1958, despite the property having been declared a Wakf in 1926, registered under Section 38 of the U.P. Muslim Wakfs Act, 1936 and notified in the Official Gazette in 1954. The …

PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.versusPODDAR PROJECTS LTD. & ANR.

2007 INSC 138Disposed off

Peerless General Finance & Investment Co. Ltd. (appellant) held shares of Poddar Udyog Ltd. Under a court‑sanctioned scheme of arrangement, a portion of the business was transferred to Poddar Projects Ltd. (respondent No.1), which subsequently sold the shares to Vijaya Finance Corp. Ltd. (respondent …

N. SURIYAKALAversusA. MOHANDOSS AND ORS.

2007 INSC 125Dismissed

The wife, N. Suriyakalan, filed a criminal case under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act against her husband A. Mohandoss and his relatives, which the Madras High Court later quashed. She also filed a maintenance petition. An SLP under Article 136 of the …

UNION OF INDIA AND ANR.versusS.K. GOEL AND ORS.

2007 INSC 127Appeal(s) allowed

The case concerned a Grade‑A officer of the Customs and Central Excise Service (respondent S.K. Goel) who claimed that his Annual Confidential Reports (ACRs) for 1994‑95 were improperly graded and that the lower grading by the reviewing officer was not communicated to him, affecting his seniority …

DATTATRAY KRISHNAJI GHULEversusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 119Appeal(s) allowed

The appellants, two police officers, were accused of colluding with a counterfeit stamp syndicate and of fabricating false cases against rival gang members. After the Supreme Court ordered the investigation to be transferred to the CBI, the officers were charged under the Maharashtra Control of …