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Judgments of 2007

1324 judgments · newest first · showing 1201–1324

STATE OF U.P. AND ORS.versusM/S. S.K. THEATRE PRODUCTIONS AND ORS.

2007 INSC 120Appeal(s) allowed

The State of Uttar Pradesh, under its 2001 Film Policy, offers a subsidy to films made in regional languages. SK Theatre Productions produced a Hindi film and applied for a subsidy under clause 23.3, which the Department interpreted as 25% of the processing charges only, limiting the amount to Rs. …

KAMLA PRASAD AND ORS.versusSRI KRISHNA KANT PATHAK AND ORS.

2007 INSC 121Appeal(s) allowed

Kamla Prasad filed a suit in a civil court seeking cancellation of sale deeds alleging they were executed under intoxication and that he was not the sole owner of the land, which was co‑shared with other parties whose names were not entered in the revenue records. The trial court held it had …

SHARADAMMAversusSPECIAL LAND ACQUISITION OFFICER AND ANR.

2007 INSC 122Appeal(s) allowed

The appellant, Sharadamma, widow of B.M. Venkataswamappa, owned land in Byappanahalli that was acquired for the expansion of the New Government Electric Factory. She claimed compensation of Rs 20 per square yard, but the Land Acquisition Officer initially awarded Rs 8,000 per acre; the Reference …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusSUDESH KUMAR PURI

2007 INSC 123Appeal(s) allowed

The Punjab State Electricity Board (PSEB) engaged several individuals as private meter readers on a contract basis, paying them a fixed rate of Re.1 per meter reading. After the contract periods expired and regular meter readers were appointed, the engagements were terminated. The respondents …

M/S NAHAR ENTERPRISESversusM/S HYDERABAD ALLWYN LTD. AND ANR.

2007 INSC 124Appeal(s) allowed

The respondent sued the appellant for recovery of money and issued a summons for appearance on 10‑Oct‑1988, which was served on 14‑Oct‑1988 without attaching a copy of the plaint. The trial court, without issuing a fresh summons, proceeded to an ex‑parte hearing and decreed on 13‑Dec‑1988. The …

SAYARABANO@ SULTANABEGUMversusSTATE OF MAHARASHTRA

2007 INSC 116Dismissed

The deceased, Halimabi, was married into the appellant's family and allegedly suffered chronic ill‑treatment by her mother‑in‑law and husband. On 13 August 1998, the mother‑in‑law is said to have poured kerosene from a lamp on the deceased, causing severe burns. The victim gave two dying …

HMT LTD. AND ANR.versusMUDAPPA AND ORS.

2007 INSC 117Disposed off

The owners of a 2‑acre‑37‑guntha land (respondents) obtained a decree for possession after the watch‑factory (HMT Ltd.) had unlawfully occupied an extra 39 gunthas beyond the 1‑acre‑38‑guntha acquired in 1978. While execution of the decree was pending, HMT Ltd. requested the Karnataka Government to …

L.P. SHASHI KUMARversusINDUSTRIAL DEV. BANK OF INDIA LTD.

2007 INSC 118Disposed off

The appellant, L.P. Shashi Kumar, on behalf of Goldstone Technologies Ltd., sought release of securities pledged to Industrial Development Bank of India (IDBI) after paying a full and final settlement of a Rs.1000‑lakh term loan. IDBI had obtained a stay from the High Court against an order of the …

UMESHversusSTATE OF MAHARASHTRA

2007 INSC 111Dismissed

Umesh was convicted under Section 302 IPC for the murder of Dilip Ganpatrao Shirbhate on 26 November 1997. The prosecution’s case rested on two eyewitnesses who saw Umesh stab the victim, forensic evidence showing the victim’s blood group on Umesh’s shirt, and the recovery of the alleged murder …

LAND ACQUISITION OFFICER, A.P.versusKAMANDANA RAMAKRISHNA RAO AND ANR.

2007 INSC 112Dismissed

The State of Andhra Pradesh acquired 385.46 acres of land for a reservoir project under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 1,026 per acre, which the claimants contested, leading the Reference Court to award Rs 6,000 per acre on a yield …

ANURAN RASTOGI AND ORS.versusSTATE OF U.P. AND ANR.

2007 INSC 113Disposed off

The informant filed a complaint alleging offences under Sections 498A, 323 and 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The magistrate took cognizance of those offences only and issued summons. The informant later applied that the material in the case diary also justified adding …

VIDYA VIKAS MANDAL AND ANR.versusTHE EDUCATION OFFICER AND ANR.

2007 INSC 114Disposed off

A school teacher (Respondent No.2) was charged with several offences and an inquiry committee of three members was constituted under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Rule 37(6) required the committee to communicate its findings to the Management …

TAMIL NADU WATER SUPPLY & DRAINAGE BOARDversusM/S. SATYANARAYANA BROTHERS PVT. LTD.

2007 INSC 115Dismissed

The Tamil Nadu Water Supply & Drainage Board entered into a contract with Mis. Sathyanarayana Brothers Pvt. Ltd. for a drinking water project, but the contractor alleged delays and sought arbitration. An umpire awarded amounts to both parties, which the High Court Single Judge set aside on grounds …

M/S. VIRTUAL SOFT SYSTEMS LTD.versusCOMMISSIONER OF INCOME TAX, DELHI- I

2007 INSC 109Appeal(s) allowed

Virtual Soft Systems Ltd. filed a loss return for AY 1996-97 which was later reduced to a loss of Rs. 11,02,255 after disallowances and adjustments. The Assessing Officer levied a penalty of Rs. 31,71,692 under Section 271(1)(c)(iii) for concealment of income, despite the fact that no tax was …

UNION OF INDIA AND ANR.versusF.H.DUBASH

2007 INSC 110Appeal(s) allowed

The respondent, F.H. Dubash, filed a writ petition seeking promotion to Rear Admiral, arguing that being second on the merit list entitled him to promotion because two vacancies existed. The Delhi High Court agreed and ordered his promotion. On appeal, the Supreme Court examined the promotion …

HARDEV SINGHversusGURMAIL SINGH (DEAD) BY LRS.

2007 INSC 93Dismissed

Harcharan Singh transferred property to his wife Udham Kaur for maintenance. Udham Kaur claimed absolute ownership, which was upheld by the appellate court. During the pendency of her suit, Harcharan Singh sold the land to Gurmail Singh, who took possession. After Udham Kaur's death, Gurmail Singh …

JANARDHANAM PRASADversusRAMDAS

2007 INSC 94Case Partly allowed

Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 …

PRASAR BHARATIversusAMARJEET SINGH AND ORS.

2007 INSC 95Appeal(s) allowed

The Supreme Court examined whether Prasar Bharati could transfer staff originally appointed by Doordarshan and Akashvani despite the absence of a formal deputation order under the Prasar Bharati Act, 1990. The Court observed that the employees had been working under the Corporation’s control, …

M/S KUMAR MOTORS, BAREILLYversusCOMMISSIONER OF SALES TAX, U.P. LUCKNOW

2007 INSC 96Dismissed

M/S Kumar Motors, Bareilly purchased auto‑rickshaw chassis and bodies separately and assembled them before sale. The issue was whether this assembly amounted to "manufacture" under Section 2(e‑1) of the U.P. Sales Tax Act, 1948 and consequently attracted purchase tax under Section 3‑AAAA despite the …

NATIONAL INSTITUTE OF TECHNOLOGY AND ORS.versusNIRAJ KUMAR SINGH

2007 INSC 97Appeal(s) allowed

The widow of a deceased employee of the National Institute of Technology (NIT) sought a compassionate appointment for her grandson, who was later given a temporary regular post after a 15‑year delay. The widow later applied for her son’s appointment and for cancellation of the grandson’s post; the …

COMMISSIONER OF CUSTOMS (PORT), KOLKATAversusM/S. J.K. CORPORATION LIMITED

2007 INSC 98Dismissed

Mis. J.K. Corporation Ltd. entered into a two‑part collaboration agreement with Korean firms Samsung and Cheil for licence, know‑how (Part A) and plant‑machinery (Part B) to set up a polyester yarn plant. The company imported the machinery and paid a US$14 lakh licence/know‑how fee after …

DHANANJAY @ DHANANJAY KUMAR SINGHversusSTATE OF BIHAR AND ANR.

2007 INSC 99Appeal(s) allowed

The appellant and the informant were involved in a commercial dispute over payment for supplied bags. The informant alleged that the appellant and a third person forcibly took Rs.1580 from his pocket, leading to an FIR that listed offences including extortion under Section 384 IPC. The High Court …

RAM ABHILAKHversusSTATE OF U.P. & ORS.

2007 INSC 100Appeal(s) allowed

The appellant was convicted under Section 494 of the IPC for marrying a second time while his first marriage subsisted. He appealed the conviction, which was upheld, and then filed a revision petition under Section 397 of the CrPC. The High Court dismissed the revision petition ex parte because the …

M/S. PURAVANKARA PROJECTS LTD.versusM/S. HOTEL VENUS INTERNATIONAL AND ORS.

2007 INSC 101Appeal(s) allowed

The Kerala government transferred land to GIDA, which invited tenders for its sale. Hotel Venus International was the successful bidder, but it insisted on obtaining an exemption under Section 81(3)(b) of the Kerala Land Reforms Act before furnishing the required bank guarantee. The exemption was …

INDU BHUSHANversusMUNNU LAL AND ANR.

2007 INSC 102Dismissed

Munna Lal filed a suit for specific performance of a contract for sale of land, which was dismissed by the trial court. The appeal against the dismissal was allowed ex‑parte by the first appellate court, and the appellant sought to set aside the ex‑parte decree under Order XLI Rule 21 of the CPC. …

RAJESH KUMAR SHARMAversusUNION OF INDIA AND ORS.

2007 INSC 103Dismissed

The petitioner, Rajesh Kumar Sharma, sought to compound an offence under Section 135(1)(a) of the Customs Act, 1962. The Compounding Authority fixed the compounding amount at Rs 10 lakh, which the petitioner challenged as exceeding the permissible limit, arguing that the amount should be limited to …

M/S GOMZI ACTIVEversusM/S REEBOK INDIA CO. & ANR.

2007 INSC 105Disposed off

M/s Gomzi Active filed a suit seeking a permanent injunction, damages and rendition of accounts against M/s Reebok India Co. for allegedly infringing the slogan "I am what I am" which Gomzi claimed as its trademark. The trial court held that Gomzi's registered trademark was "Gomzi" and that the …

PREM LALA NAHATA AND ANR.versusCHANDI PRASAD SIKARIA

2007 INSC 106Appeal(s) allowed

The mother and daughter (appellants) sued the respondent for recovery of two separate loans of Rs 5 lakhs each, alleging the transactions were loans made through a third party. The respondent had earlier filed two suits against each of them, claiming the sums were part of business transactions, but …

PABBATHI VENKATARAMAIAH CHETTYversusPABBATHI N. RATHNAMAIAH CHETTY AND ORS.

2007 INSC 108Disposed off

The case arose from a partition suit concerning a commercial building, where the appellant, who was occupying the premises and operating a lodge, appealed the final decree that divided the property. The appellant sought a stay of dispossession pending the appeal, while the High Court had only stayed …

STATE BANK OF INDIA AND ORS.versusJASPAL KAUR

2007 INSC 84Appeal(s) allowed

The widow of a deceased Record Assistant of State Bank of India applied in February 2000 for a compassionate appointment under the bank's scheme. The bank declined the request, the High Court ordered a reconsideration and eventually allowed the petition, holding that the family’s income was …

NATIONAL INSURANCE CO.LTD.versusMAM CHAND AND ANR.

2007 INSC 85Appeal(s) allowed

Mam Chand filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for injuries caused by a motorcycle driven by Mohinder Pal. The Motor Accident Claims Tribunal held National Insurance Co. liable to pay Rs.60,000. The insurer appealed, contending that the vehicle was not insured at …

LIFE INSURANCE CORPORATION OF INDIAversusSTATE OF RAJASTHAN AND ORS.

2007 INSC 86Disposed off

Life Insurance Corporation of India (LIC) purchased postage stamps from Maharashtra, which the State of Rajasthan claimed caused revenue loss under the Rajasthan Stamp Law (Adaptation) Act, 1952. The Additional Collector issued a demand notice, which LIC challenged in a writ petition; the petition …

NATIONAL INSURANCE CO. LTD.versusMUBASIR AHMED AND ANR.

2007 INSC 87Case Partly allowed

The respondents, employed as labourers, cleaners or drivers, were injured in a vehicle accident while performing duties and claimed compensation under the Workmen's Compensation Act, 1923. The Commissioner awarded compensation based on the medical assessment of loss of earning capacity (LEC) and …

PARTHIBAN BLUE METAL ETC.versusTHE MEMBER SECY. T.N. POLLN. CONT. BD. AND ORS.

2007 INSC 88Disposed off

The appellants operated nine stone‑crushing units in Trisoolam Village, Tamil Nadu, and were served notices by the Tamil Nadu Pollution Control Board for being within 500 metres of a residential area. The appellants contended that the permissible distance had been reduced to 300 metres and that all …

P.K.KAPURversusUNION OF INDIA AND ORS

2007 INSC 89Dismissed

P.K. Kapur, a retired Lieutenant Colonel (Time Scale) of the Indian Army who sustained a 30% war injury in 1965, retired on superannuation on 30 November 1989 after 26 years of service. He was initially granted a weightage of 5+3 years (total 8 years) to compute his pension so that it exceeded that …

TEJPAL SINGHversusUNION OF INDIA AND ORS.

2007 INSC 90Disposed off

Tej Pal Singh, a government employee, was removed from service and his challenge to the removal was dismissed by multiple forums. He contended that he was not given a proper opportunity of hearing, as the Inquiry Officer refused to summon his witnesses, and the dispute had lingered for fifteen …

J.K. SYNTHETICS LTD.versusK.P. AGRAWAL AND ANR.

2007 INSC 91Appeal(s) allowed

J.K. Synthetics Ltd. dismissed employee K.P. Agrawal for misconduct after an inquiry that found all charges proved. The Labour Court later held the inquiry unfair, found only one charge proved, and substituted dismissal with a lesser punishment of withholding two annual increments, also adding a …

AMEY CO-OP. HOUSING SOCIETY LTD.versusPUBLIC CONCERN FOR GOVERNANCE TRUST AND ORS.

2007 INSC 92Disposed off

The Public Concern for Governance Trust filed a public interest litigation challenging the allotment of six residential plots in Navi Mumbai to cooperative societies that were alleged to be dummy entities set up by Vijay Associates (Wadhwa) Developers. The Bombay High Court quashed the allotments, …

HARISHCHANDRA PRASAD MANI AND ORS.versusSTATE OF JHARKHAND AND ANR.

2007 INSC 79Appeal(s) allowed

The complainant alleged that his son was murdered by the accused through a conspiracy, with the body allegedly cremated after a false death certificate. The police investigation culminated in a final report which the Chief Judicial Magistrate accepted, and later, on 12 April 2005, the magistrate …

M/S. UDAIPUR PHOSPHATES FERTILIZERS LTD.versusUNION OF INDIA AND ANR.

2007 INSC 80Dismissed

The appellant, Udaipur Phosphates Fertilizers Ltd., manufactured Single Super Phosphate (SSP) under the Government's Retention Price and Subsidy Scheme. It applied for re‑endorsement of its plant capacity under Press Note No. 9 (1988) based on actual production between April 1988 and March 1990. The …

MELTON INDIAversusTHE COMMISSIONER TRADE TAX, U.P.

2007 INSC 82Dismissed

Melton India, a manufacturer of metallised plastic films, held an eligibility certificate under Section 4-A of the U.P. Trade Tax Act. The assessing authority rejected its books of account and enhanced its turnover, citing a rise in electricity consumption while reported production fell over three …

SELLAPPANversusSTATE OF TAMIL NADU

2007 INSC 83Case Partly allowed

The Supreme Court reviewed the conviction of Sellappan for beating the deceased Periasamy, who later died from head injuries. The key issue was whether the injury satisfied the test for murder under Section 300(3) of the IPC – i.e., being sufficient in the ordinary course of nature to cause death – …

BODDAM NARSIMHAversusHASAN ALI KHAN (DEAD) BY L.R. & ORS.

2007 INSC 77Dismissed

The appellant, Boddam Narsimha, claimed that his paternal uncle 'Bala' was a protected tenant under Section 37-A of the A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950 and sought an ownership certificate under Section 38‑E after a delay of more than 40 years. The court examined the …

SUBODHKUMAR AND ORS.versusBHAGWANT NAMDEORAO MEHETRE AND ORS.

2007 INSC 75Dismissed

The case involved an ancestral Hindu Undivided Family property of Nimbaji and his five sons. Four sons and the karta sold 9 acres 16 gunthas to the plaintiffs, while the fifth son, Panditrao, who did not consent, had earlier sold 2 acres 2 gunthas to the appellants. The plaintiffs sued for …

COMMISSIONER OF CENTRAL EXCISEversusM/S. BIRLA CORPORATION LTD. & ANR.

2007 INSC 76Disposed off

The Supreme Court examined whether the doctrine of unjust enrichment bars a refund claim when excise duty was paid under protest. Birla Corp Ltd, a cement manufacturer, had paid duty under protest and later sought a refund, arguing that the duty was not passed on to customers. The CEGAT had held …

GOVERNMENT OF A.P. AND ORS.versusV. APPALASWAMY

2007 INSC 78Appeal(s) allowed

V. Appala Swamy, a former principal, faced departmental misconduct charges in 1990 and an inquiry report was filed in 1992, but he retired before any action. A show‑cause notice was later issued to withhold 50% of his provisional pension, which he contested, and he also approached the Andhra Pradesh …

SHRI HARENDRA NATH BORAHversusSTATE OF ASSAM

2007 INSC 74Case Partly allowed

The appellant, Shri Harendra Nath Borah, a police constable, was convicted under Section 302 of the Indian Penal Code for the death of a truck driver who was assaulted by police personnel and later died in hospital. The appellant challenged the conviction, arguing that the facts did not constitute …

NAVJOT SINGH SIDHUversusSTATE OF PUNJAB AND ANR.

2007 INSC 68Case Allowed

Navjot Singh Sidhu, a sitting Member of Parliament, was convicted by the Punjab High Court under Section 304 Part II IPC and sentenced to three years' rigorous imprisonment. He resigned from the Lok Sabha and sought a fresh mandate, filing an application to suspend the order of conviction, arguing …

M/S.AGRI GOLD EXIMS LTD.versusM/S. SRI LAKSHMI KNITS & WOVENS AND ORS.

2007 INSC 69Dismissed

The appellant and respondents entered into a Memorandum of Understanding containing an arbitration clause. Disputes arose over post‑dated cheques, two of which were dishonoured, and the appellant filed a money decree suit. The respondents moved to refer the matter to arbitration; the trial court …

ROSALIV.versusTAICO BANK AND ORS.

2007 INSC 70Appeal(s) allowed

The appellant, RosaliV, challenged the setting aside of an auction sale of immovable property by the executing court, which had held the sale void because the purchaser did not deposit the statutory 25% deposit on the same day and because the sale was confirmed before the 30‑day period expired. The …

MOHINDER SINGHversusSTATE OF PUNJAB AND ORS.

2007 INSC 71Dismissed

The District Collector ordered redemption of a mortgaged land parcel, an order that became final after the Supreme Court dismissed a Special Leave Petition. The appellant, Mohinder Singh, contended that the earlier mortgage had not been redeemed and that a receipt for Rs.425, allegedly received by …

ASHOK KUMAR AND ORS.versusSTATE OF HARYANA AND ANR.

2007 INSC 72Appeal(s) allowed

The appellants, owners of land acquired under a notification dated 20‑12‑1996 issued under Section 4(1) of the Land Acquisition Act, 1894, challenged the notification by filing a suit and obtained an interim injunction on 30‑08‑1997. The injunction was extended by the Civil Judge to specific dates, …

P.V. GEORGE AND ORS.versusSTATE OF KERALA AND ORS.

2007 INSC 73Dismissed

The appellants, employees of the Kerala Government Press Subordinate Services, were threatened with reversion of their promotions after the Kerala High Court Full Bench upheld the constitutionality of a 1:1 promotion ratio between diploma‑holders and certificate‑holders, overruling an earlier …

MAHAVIRversusLAKHMI AND ANR.

2007 INSC 66Appeal(s) allowed

Mahavir filed a second appeal against a decree, but the Punjab and Haryana High Court allowed the appeal without formulating any substantial question of law, contrary to Section 100 of the Code of Civil Procedure, 1908. The Supreme Court examined whether the High Court was obliged to state and hear …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusLEELA SINGH

2007 INSC 67Appeal(s) allowed

Leela Singh was appointed as a lineman in the Punjab State Electricity Board on the basis of an experience certificate that was later alleged to be forged. While a vigilance inquiry was pending, she obtained relief from the Board's Administrative Member, who allowed her continuation in service with …

SHIV DASSversusUNION OF INDIA AND ORS .

2007 INSC 64Disposed off

Shiv Dass, a former Army Medical Corps officer, became 80% disabled in 1982 and was invalidated from service. He applied for a disability pension in 1983, which was rejected, and after an unresponded appeal he filed a writ petition in 2005. The Punjab and Haryana High Court dismissed the petition as …

KRISHNANANDAversusKATTU SIVA ASHRAM AND ORS.

2007 INSC 65Dismissed

The plaintiff filed a suit against Defendant No. 4, who claimed title to the land by adverse possession. The trial court dismissed the suit and the defendant did not appeal that decision. The First Appellate Court held that neither the plaintiff nor the defendant had acquired title, and the …

DAYANAND RAYU MANDREKARversusCHANDRAKANT UTTAM CHODANKAR & ORS.

2007 INSC 63Dismissed

Two members elected to the Goa Legislative Assembly were challenged on the ground that, at the time of filing their nomination papers, they held the offices of Chairman of the Goa Khadi and Village Industries Board and Chairman of the Goa State Scheduled Castes and Other Backward Classes Finance & …

GHAZIABAD ZILA SAHAKARI BANK LTD.versusADDL. LABOUR COMMISSIONER& ORS.

2007 INSC 48Appeal(s) allowed

Ghaziabad Zila Sahakari Bank Ltd., a cooperative society, paid ex‑gratia amounts to its employees in violation of circulars issued by the Registrar of Cooperative Societies. The employees filed an application under Section 6H of the Uttar Pradesh Industrial Disputes Act, and the Additional Labour …

MILKMEN COLONY VIKAS SAMITIversusSTATE OF RAJASTHAN & ORS.

2007 INSC 49Directions issued

The Milkmen Colony Vikas Samiti, whose dairy plots were allotted in Jodhpur in 1956, allowed their cattle to stray, creating health hazards and traffic risks for city residents. A public interest writ petition was filed under Article 226 seeking removal of stray cattle and relocation of the dairies …

DHANLAKSHMI AND ORS.versusP. MOHAN AND ORS.

2007 INSC 50Appeal(s) allowed

The first respondent filed a suit for partition of his undivided share in a property. The appellants, having purchased the undivided shares of the other co‑sharers through registered sale deeds, applied to be impleaded in the partition suit, claiming they were bona fide purchasers for value and …

M/S. ENGINEERS SYNDICATEversusSTATE OF BIHAR AND ORS.

2007 INSC 51Appeal(s) allowed

The dispute between Mis. Engineers Syndicate and the State of Bihar was referred to arbitration under an agreement. The arbitrator issued a lump‑sum award in favour of the syndicate without providing item‑wise reasons, i.e., a non‑speaking award. The Subordinate Judge set aside the award on the …

RAJ KUMAR GUPTAversusUNION OF INDIA AND ORS.

2007 INSC 52Disposed off

Raj Kumar Gupta filed a public interest writ petition under Article 32 alleging that frequent leakage of entrance examination question papers undermined confidence of students and parents. The Union of India and the Central Board of Secondary Education submitted a sealed report detailing security …

PRANAY MAJUMDARversusBINA MAJUMDAR

2007 INSC 53Disposed off

The husband filed a petition for divorce under Section 27(d) of the Special Marriage Act, alleging cruelty. The trial court decreed divorce, but the High Court set aside that decree. While the appeal was pending before the Supreme Court, the parties executed a Joint Memorandum of Settlement wherein …

M/S FARWOOD INDUSTRIES (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, CHENNAI

2007 INSC 54Appeal(s) allowed

In Mis. Farwood Industries (P) Ltd. v. Commissioner of Central Excise, Chennai, the appellant challenged the classification and duty liability of certain goods under the Central Excise Tariff Act, 1985. The Assessing Officer and the Commissioner had affirmed the original assessment, but the …

SUCHITRA COMPONENTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, GUNTUR

2007 INSC 55Appeal(s) allowed

Suchitra Components Ltd. appealed against a Tribunal order that required it to pay excise duty from 1 March 1990. The appellant argued that, under the Central Excise Act, the liability should arise only from the date the show‑cause notice was issued on 29 August 1990. The Supreme Court referred to …

I.C.M.R. AND ORS.versusK. RAJYALAKSHMI

2007 INSC 56Appeal(s) allowed

The Indian Council of Medical Research (ICMR) implemented the National Nutrition Monitoring Bureau project, funded by a year‑to‑year grant‑in‑aid from the Central Government. K. Rajyalakshmi was appointed to a temporary, year‑to‑year post on 1 April 1975. She sought regularisation of her services, …

A.P.S.R.T.C. & ORS.versusB. BODAN REDDY (DEAD) BY LRS. & ORS.

2007 INSC 57Appeal(s) allowed

The appellants, a corporation, created two separate regions, Warangal and Karimnagar, and assigned the respondents as security guards in Warangal. After the bifurcation, a vacancy arose in Karimnagar and a junior employee, Mr. T.J. Reddy, who was lower on the combined seniority list, was promoted to …

STATE OF PUNJAB AND ANR.versusTEJA SINGH AND ORS.

2007 INSC 58Dismissed

The respondents, originally appointed as Masters and later promoted to Lecturers, were provisionally posted as Headmasters from 1974 to 1978. When the State of Punjab later denied them promotion to Principal, Grade II on the ground that their provisional Headmaster posting caused them to lose their …

MEHARCHAND DASversusLAL BABU SIDDIQUE AND ORS.

2007 INSC 59Appeal(s) allowed

The appellant, a tenant, held a parcha granted by the Collector under the Bihar Privileged Persons Homestead Tenancy Act, 1947. The respondents, claiming landlord status, filed a suit to set aside the parcha on grounds of fraud and lack of jurisdiction. The trial court decreed in favour of the …

BHAG MAL (ALIAS) RAM BUX AND ORS.versusMUNSHI (D) BY LRS. AND ORS.

2007 INSC 60Appeal(s) allowed

The appellants, sons of Sher Singh, inherited land sold by their father to Bansi. They challenged the sale in a suit that was dismissed, but on appeal a declaratory decree was obtained in their favour. While the decree was pending, both Sher Singh and Bansi died, and the appeal was abated on …

THE NEW INDIA ASSURANCE COMPANY LIMITEDversusSMT. KALPANA & OTHERS

2007 INSC 61Case Partly allowed

The deceased, Vijay Singh Dogra, aged 33, died in a road accident caused by a parked truck violating traffic rules. His dependents filed a claim under Section 173 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal dismissed the claim, attributing negligence to the …

GURU JAMBHESHWAR UNIVERSITY, HISARversusDHARAM PAL

2007 INSC 62Appeal(s) allowed

Guru Jambheshwar University terminated the services of Dharam Pal, an unskilled workman paid on a monthly basis, after closing its farming operations. The workman claimed that the retrenchment compensation paid under Section 25F(b) of the Industrial Disputes Act, 1947 was insufficient because the …

SAROJ KUMAR PODDARversusSTATE (NCT OF DELHI) & ANR.

2007 INSC 41Appeal(s) allowed

Elkay International supplied chemicals to VHEL Industries Ltd., which issued three cheques that were later dishonoured. A complaint was filed against the company, its managing director, and other directors, including the appellant who had resigned from the board before the cheques were issued. The …

BISHNU PRASAD SINHA & ANR.versusSTATE OF ASSAM

2007 INSC 42Dismissed

The appellants, Bishnu Prasad Sinha and a co‑accused, were convicted of raping and murdering a 7‑8‑year‑old girl who was staying overnight in a travel agency’s waiting room. The prosecution’s case rested on the night watchman’s voluntary confession recorded under Section 164 of the CrPC, …

JAMEELversusSTATE OF MAHARASHTRA

2007 INSC 43Dismissed

The appellant, a mechanic, lured a five‑year‑old girl, took her away and allegedly committed sexual assault, including intercourse through the rectum. The girl identified the accused the next day and a medical report corroborated the assault. The trial court convicted him under IPC sections 363, …

AJAY BANSALversusANUP MEHTA & ORS.

2007 INSC 44Appeal(s) allowed

The appellant Ajay Bansal filed a summary suit under Order XXXVII of the CPC for recovery of Rs 2,93,987. The respondents applied for leave to defend under Order XXXVII Rule 3(5); the Civil Judge rejected the application, calling the defence sham, and immediately passed a final decree for Rs …

STATE OF MAHARASHTRA & ORS.versusSANJAY K. NIMJE

2007 INSC 45Appeal(s) allowed

The respondent, Sanjay K. Nimje, was appointed to a Maharashtra government post on 29 June 1995 and claimed Scheduled Tribe status as a member of the Halba community. A Caste Certificate Scrutiny Committee examined his certificate and found him to belong to the Koshti caste, a Special Backward …

VIRENDRA KUMARversusSTATE OF U.P.

2007 INSC 46Dismissed

Virendra Kumar was tried for the death of his wife, Pushpa, and was initially convicted under Section 302 IPC for murder. The Allahabad High Court set aside that conviction and convicted him under Section 306 IPC for abetment of suicide, relying on a presumption under Section 113A of the Evidence …

ORIENTAL INSURANCE CO. LTD.versusJHUMA SAHA AND ORS.

2007 INSC 47Appeal(s) allowed

The owner of a Maruti van, who was also the insured, died while driving the vehicle after it collided with a tree. The heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation from the insurer, Oriental Insurance Co. Ltd. The insurer contended that the policy was a …

NOIDA ENTREPRENEURS ASSN.versusNOIDAAND ORS.

2007 INSC 39Disposed off

The Supreme Court examined allegations of irregularities in the allotment, conversion and regularisation of plots in NOIDA, which led to a one‑man inquiry commission and the initiation of departmental disciplinary proceedings against Smt. Neera Yadav, then CEO of NOIDA. While a CBI investigation was …

D. GOPINATHAN PILLAIversusSTATE OF KERALA AND ANR.

2007 INSC 40Appeal(s) allowed

The State of Kerala filed an application to condone a 3320‑day delay in filing a petition to set aside an arbitral award under the Arbitration Act, 1940. The civil court allowed the condonation, noting gross negligence of officials but refusing to penalise the State, and the High Court dismissed the …

MUKUND SWARUP MISHRAversusUNION OF INDIA AND ORS.

2007 INSC 33IA disposed

The Supreme Court examined the cancellation of 413 petroleum retail, LPG and SKO‑LDO allotments that were alleged to have been made on the basis of political patronage. The Court set aside the Central Government's blanket cancellation order, appointed a Committee to investigate each case, and …

S. NAZEER AHMEDversusSTATE BANK OF MYSORE AND ORS.

2007 INSC 34Dismissed

The appellant, S. Nazeer Ahmed, had borrowed Rs.1,10,000 from State Bank of Mysore for a bus, securing the loan by hypothecating the bus and equitably mortgaging two immovable properties. The bank first obtained a money decree, but could not sell the hypothecated bus and later sued for enforcement …

COMMERCIAL TAXATION OFFICER, UDAIPURversusRAJASTHAN TAXCHEM LTD.

2007 INSC 35Dismissed

Rajasthan TaxChem Ltd, a manufacturer of polyester yarn, purchased diesel to run generator sets that supplied electricity for its production process and claimed a concessional sales‑tax rate of 3% under Section 10(1) of the Rajasthan Sales Tax Act, 1994. The assessing authority held that diesel was …

STATE OF RAJASTHAN & ANR.versusH.V. HOTELS PVT. LTD. &ANR.

2007 INSC 36Appeal(s) allowed

The State of Rajasthan auctioned a 10,490 sq m plot to H.V. Hotels for a hotel, stipulating a floor‑area ratio (FAR) of 1.0 and requiring surrender of land for road widening. The sale deed allowed the buyer to obtain any additional FAR if permitted by future building bye‑laws. After the Jaipur …

UNION BANK OF INDIAversusVENKATESH GOPAL MAHISHI AND ANR.

2007 INSC 37Appeal(s) allowed

Venkatesh Gopal Mahishi, an award staff of Union Bank of India, retired on medical grounds in November 1993 and secured a compassionate appointment for his son. The Bank later framed the Union Bank of India (Employees') Pension Regulations, 1995, offering pension to employees who voluntarily retired …

A.P.S.R.T.C. AND ORS.versusABDUL KAREEM

2007 INSC 38Dismissed

The applicant, who was the respondent in a civil appeal, filed an application for clarification of a judgment dated 2 August 2005, claiming financial hardship and seeking recovery of a balance after his pension was attached. The opposing party argued that the application was in substance a review of …

I. R. COELHO (DEAD) BY LRS.versusSTATE OF TAMIL NADU

2007 INSC 28Reference answered

The case arose from a reference concerning whether statutes placed in the Ninth Schedule after the Kesavananda Bharati judgment (24 April 1973) can enjoy absolute immunity from judicial review under Article 31B. The petitioners argued that such immunity would violate the basic structure doctrine by …

RATHNASHALVANversusSTATE OF KARNATAKA

2007 INSC 29Dismissed

On 23 July 1996 the appellant, driver of a lorry, allegedly drove at high speed, struck a tree and caused the deaths of three persons and grievous injuries to three others. He was convicted under Sections 304‑A, 279 and 337 of the Indian Penal Code. On appeal the conviction under Section 279 was set …

LAL MOHAMMAD AND ORS.versusINDIAN RAILWAY CONSTRUCTION CO. LTD. & ORS.

2007 INSC 30Dismissed

The petitioners were workmen appointed on an ad‑hoc basis for the Anpara‑Rihand Nagar railway construction project of Indian Railway Construction Co. Ltd. (IRCON). After the project was completed in early 1998, they were served with retrenchment notices and offered compensation under Section 25‑F of …

M.DURAIversusMADHU AND ORS.

2007 INSC 31Appeal(s) allowed

M. Durai sued Madhu and others for title to a parcel of land, relying on a sale deed dated 19‑Aug‑1978. The defendants claimed they had acquired title by adverse possession, having occupied the land openly and continuously for more than twelve years. The trial court accepted the defendants' claim …

SECRETARY, U.P. HIGH SCHOOL & INTERMEDIATE EDUCATION, ALLAHABAD & ANR.versusH.K.LAL

2007 INSC 32Appeal(s) allowed

The respondent, H.K. Lal, sought to have his date of birth altered in a matriculation certificate issued by the Uttar Pradesh High School and Intermediate Education Board. After a series of writ petitions and a civil suit that resulted in a decree ordering the alteration, the Board appealed the …

VIKRAM DHILLONversusSTATE OF HARYANA & ORS.

2007 INSC 23Dismissed

The petitioner, who had secured a rank of 418 (later placed at 423) in the 2004 Common Entrance Examination for BDS, sought a writ of mandamus under Article 32 directing the State of Haryana and related authorities to grant him admission in the Government Dental College, Rohtak. He alleged that a …

RAJA RAM PALversusTHE HONBLE SPEAKER, LOK SABHA & ORS.

2007 INSC 22Dismissed

Members of Parliament were expelled from the Lok Sabha and Rajya Sabha after television sting operations ('cash for query') showed them accepting money for raising questions in Parliament. Inquiry Committees were constituted by each House, reports were tabled, and motions were adopted expelling the …

STATE OF MADHYA PRADESHversusBACCHUDAS@ BALARAM AND ORS.

2007 INSC 25Dismissed

The State of Madhya Pradesh appealed a High Court order acquitting Bacchudas and others, who had been convicted by a trial court for culpable homicide not amounting to murder under IPC Section 304 Part II read with Section 34. The prosecution relied on the testimony of the deceased's widow (PW‑1), …

JAYANTILAL INVESTMENTSversusMADHUVIHAR CO-OPERATIVE HOUSING SOCIETY AND ORS.

2007 INSC 26Appeal(s) allowed

Jayantilal Investments, a promoter, was sued by MadhuVihar Co‑operative Housing Society for conveyance of title and an injunction restraining further construction on a plot in Kandivali. The Society argued that under the Maharashtra Ownership Flats Act (MOFA) the promoter must obtain flat‑takers' …

KRISHNA BHAGYAJALA NIGAM LTD.versusG. HARISCHANDRA REDDY AND ANR.

2007 INSC 27Case Partly allowed

Krishna Bhagya Jala Nigam Ltd entered into a construction contract with G. Harischandra Reddy that contained Clause 29, which provided for disputes to be referred to the Chief Engineer as arbitrator. When a dispute arose, the contractor invoked Clause 29, but the Chief Engineer initially refused, …

SANJA Y SINGH & ANR .versusU.P. PUBLIC SERVICE COMMISSION ALLAHABAD AND ANR.

2007 INSC 18Case Partly allowed

The Supreme Court examined writ petitions filed by unsuccessful candidates of the 2003 Uttar Pradesh Civil Judge (Junior Division) examination, challenging the Commission's use of a statistical scaling system to adjust raw marks. The Court held that the scaling method was arbitrary, irrational, and …

MAHENDRA AND ORS.versusSTATE OF UTTARANCHAL AND ANR.

2007 INSC 19Disposed off

Mahendra and others appealed to the Supreme Court against the Uttarakhand High Court's dismissal of two criminal miscellaneous applications filed against the same impugned order. The High Court held that the appellants had concealed the earlier petition and therefore dismissed both applications. The …

NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATIONversusM.NAGANGOUDA

2007 INSC 20Appeal(s) allowed

The respondent, M. Nagangouda, a former conductor of the North East Karnataka Road Transport Corporation, was dismissed for alleged misconduct. He later claimed entitlement to full back wages, arguing that his agricultural self‑employment during the dismissal period constituted gainful employment. …

YAMUNA SHANKAR SHARMAversusSTATE OF RAJASTHAN & ORS.

2007 INSC 21Disposed off

The appellant, a former legal assistant/associate at Mohan Lal Sukhadia University, claimed entitlement to regularisation and the UGC pay scale of Rs.700‑1600 after a series of ad‑hoc appointments spanning over a decade. The University later issued a show‑cause notice alleging over‑payment because …

RAMKISHAN S/O. MADHAV SHELKEversusTHE STATE OF MAHARASHTRA

2007 INSC 15Case Partly allowed

The appellant Ramkishan and his two sons were charged with murder under s.302 read with s.34 IPC for the death of Mohan Gavane, who was alleged to have encroached on the appellant’s land. The trial court convicted all three, but the High Court acquitted the two sons, holding the evidence …

NEETUversusSTTE OF PUNJAB AND ORS.

2007 INSC 16Appeal(s) allowed

Neetu, appointed as Audit Inspector, challenged the Punjab and Haryana High Court's order that set aside her appointment on the ground that a writ petition filed as a public interest litigation (PIL) alleged she obtained a Scheduled Caste certificate fraudulently. The Supreme Court examined whether …

ACCOUNTS OFFICER (A & I) APSRTC AND ORS.versusK. V. RAMANA AND ORS.

2007 INSC 17Appeal(s) allowed

The respondents were engaged as contract sweepers and attenders by the Andhra Pradesh State Road Transport Corporation in 1992 and claimed regularisation after completing 240 days of continuous service, alleging that they were denied work from May 1998. The High Court directed their regularisation, …

APPASAHEB AND ANR.versusSTATE OF MAHARASHTRA

2007 INSC 9Appeal(s) allowed

Appasaheb and his mother-in-law were convicted under IPC Section 304‑B (dowry death) for the suicide of their wife, Bhimabai, who allegedly took poison after being harassed for dowry. The prosecution alleged that the accused demanded money for domestic expenses and for purchasing manure, which the …

M/S. ASSOCIATED INDEM MECHANICAL P. LTD.versusWEST BENGAL S.S.I.D.C. LTD. AND ORS.

2007 INSC 10Dismissed

M/s. Associated Indem Mechanical Pvt. Ltd. had been granted three 99‑year leases for industrial sheds by the West Bengal Small Scale Industrial Development Corporation Ltd. The lease required the lessee to commence manufacturing within six months and to use the premises for that purpose. The lessee …

BHAG SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

2007 INSC 11Dismissed

The appellants filed a writ petition alleging that several factories in Mandi Gobindgarh were operating in a residential zone and should be closed. The High Court dismissed the petition, holding that under the then‑applicable (old) Master Plan the factories were situated in an industrial area. The …

AMITSINGH BHIKAMSING THAKURversusSTATE OF MAHARASHTRA

2007 INSC 12Dismissed

The case arose from a robbery‑murder where the victim’s shop‑assistant (PW‑1) and other eyewitnesses identified four accused persons, including the appellant, after a test identification parade (TIP) and a confession obtained under Section 27 of the Evidence Act. The appellant challenged the …

RAKESH KUMAR JAIN AND ANR.versusSTATEOF U.P. THR. COLLECTOR AND ANR.

2007 INSC 13Disposed off

The Agra Development Authority (respondent No.2) took forcible possession of the appellants' land on 31 August 2000 without invoking the provisions of the Land Acquisition Act. The appellants filed a civil suit for injunction, and the court ordered the authority to pay compensation of …

STATE OF JAMMU AND KASHMIR AND ORS.versusABDUL MAJID

2007 INSC 14Disposed off

The Supreme Court heard a civil appeal filed by the State of Jammu and Kashmir against an interim order of the High Court Division Bench that directed the State to deposit and pay the respondent's minimum wages for the period January 1992 to March 2006 within two weeks, pending a Letters Patent …

ISHIKAWAJMA-HARIMA HEAVY INDUSTRIES LTD.versusDIRECTOR OF INCOME TAX, MUMBAI

2007 INSC 2Case Partly allowed

Ishika Wajma‑Harima Heavy Industries Ltd., a Japanese company, entered into a turnkey LNG project contract with Petronet LNG Ltd. that involved offshore supply of equipment, offshore services, onshore supply, onshore services and construction. The company sought an advance ruling on whether the …

RAJ KUMAR PRASAD TAMARKARversusSTATE OF BIHAR AND ANR.

2007 INSC 3Appeal(s) allowed

The father of a deceased woman appealed against the High Court's acquittal of her husband, who was charged with murder under Section 302 IPC. The trial court had convicted the husband based on circumstantial evidence, a threatening letter (Exhibit 7) establishing motive, the recovery of a revolver …

DEEWAN SINGH AND ORS.versusRAJENDRA PD. ARDEVI AND ORS.

2007 INSC 4Disposed off

The Supreme Court examined whether the Rajasthan Government must, as a matter of law, constitute a committee of management for a Jain temple that falls under Chapter X of the Rajasthan Public Trusts Act, 1959, or whether it retains discretionary power. The Court held that Section 53 uses the word …

COMMISSIONER OF INCOME TAX, BHOPALversusRALSON INDUSTRIES LTD.

2007 INSC 5Appeal(s) allowed

Ralson Industries Ltd filed its return for AY 1992‑93 reporting income of Rs.26,66,355. The assessing officer, under section 143(3), assessed income at Rs.35,40,414. The Commissioner invoked section 263, set aside the assessment and directed a fresh assessment, excluding transport receipts and …

YOGESH MEHTAversusCUSTODIAN APPOINTED UNDER THE SPECIAL COURT & ORS.

2007 INSC 6Appeal(s) allowed

The Supreme Court examined the auction of residential properties of the late Harshad Mehta, where Yogesh Mehta was the highest bidder. The Special Court provisionally accepted his bid but, pending a Supreme Court stay, the sale was not finalized. The Special Court later ordered forfeiture of Mehta's …

GULZARversusSTATE OF M.P.

2007 INSC 7Case Partly allowed

Gulzar was convicted of stealing an attache containing about Rs 55,000 from Vinod Kumar Aggarwal on a bus; the attache was later recovered from Gulzar’s possession but he could not explain the source of the money. The trial court sentenced him to three years’ rigorous imprisonment under Section 379 …

STATE OF MAHARASHTRAversusPUBLIC CONCERN FOR GOVERNANCE TRUST AND ORS.

2007 INSC 8Disposed off

The State of Maharashtra appealed to the Supreme Court seeking expunction of adverse remarks made by the Bombay High Court against the then Chief Minister and the Managing Director of CIDCO, who were not parties to the proceedings. The High Court had interpreted the Chief Minister's notation "please …

SUMANGALAM CO-OP. HOUSING SOCIETY LTD.versusSUO MOTU, HIGH COURT OF GUJARAT & ORS.

2007 INSC 1Appeal(s) allowed

The Supreme Court heard an appeal by Sumangalam Co‑operative Housing Society Ltd against a suo moto writ filed by the Gujarat High Court that alleged irregularities, undervaluation and fraud in the allotment of land by the Ahmedabad Urban Development Authority (AUDA). The High Court had held that …

SHAILENDRA DANIA AND ORS.versusS.P. DUBEY AND ORS.

2006 INSC 228Appeal(s) allowed

The case concerned promotion of Junior Engineers in the Slum Wing of the Delhi Development Authority (DDA). The rules provided separate promotion quotas for graduate and diploma holders, requiring three years of service for graduates and eight years for diploma holders to be promoted to Assistant …