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Judgments of 2008

1505 judgments · newest first · showing 1–200

AQEEL AHMADversusSTATE OF U.P.

2008 INSC 1493Dismissed

A dispute over a banner led a group of armed accused, including Aqeel Ahmad, to enter the informant's house and fire at his sons, killing both. The accused were convicted of murder under IPC s.302, with some also convicted under s.149 (murder in unlawful assembly) and s.148, receiving death and life …

BRIJ NANDAN JAISWALversusMUNNA @ MUNNA JAISWAL & ANR.

2008 INSC 1494Appeal(s) allowed

The Supreme Court examined an appeal against a High Court order that granted bail to Munna Jaiswal, who was charged with murder (IPC s.302) and other offences (IPC s.504, s.506). The complainant, Brij Nandan Jaiswal, argued that the accused had a criminal history, pending cases, and that the High …

M/S. B.S.N. JOSHI & SONS LTD.versusAJOY MEHTA & ANR.

2008 INSC 1495Disposed off

The Supreme Court examined a contempt petition filed by M/s B.S.N. Joshi & Sons Ltd. after MAHAGENCO refused to award it a coal‑transport contract despite a prior Supreme Court order (31‑Oct‑2006) directing a fresh assessment of its eligibility. The petitioners alleged that the respondents …

RAMDEO KAHAR & ORS.versusSTATE OF BIHAR

2008 INSC 1496Dismissed

The case involved eleven accused who, armed with firearms, went to a field in search of a man named Patali, but instead killed Mauji Yadav. The prosecution proved the murder through the testimony of six eye‑witnesses, two injured witnesses and a post‑mortem report showing a gunshot wound. The three …

C.S.I.R & ORS.versusRAMESH CHANDRA AGRAWAL & ANR.

2008 INSC 1497Appeal(s) allowed

The Supreme Court examined a scheme framed by CSIR for the absorption/regularisation of researchers who had completed at least 15 years of research work, with a cut‑off date of 2 May 1997. The petitioners (researchers) argued that the cut‑off date and the 15‑year requirement were arbitrary, …

SHARON MICHAEL AND ORS.versusSTATE OF TAMIL NADU AND ANR.

2008 INSC 1498Appeal(s) allowed

The case arose from a contract for the export of garments from India to Germany. The German buyer rejected the goods as defective, and the supplier (Respondent No.2) alleged that employees of the certifying agent company (the appellants) failed to pay the value of the exported garments. A complaint …

PREMKUMAR & ORS.versusSTATE OF KERALA

2008 INSC 1499Case Partly allowed

The deceased Jeeja, married to appellant Premkumar, died by suicide in Tamil Nadu on 14 Feb 2003. Her father‑in‑law reported the death to the Courtallam police (Tamil Nadu) who registered a case under s.174 CrPC and concluded it was a suicide due to mental illness, halting further investigation. The …

HARENDRA NATH CHAKRABORTYversusSTATE OF WEST BENGAL

2008 INSC 1500Dismissed

Harendra Nath Chakraborty, a licensed kerosene dealer, was convicted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for failing to display stock and price lists and for not maintaining the stock register as required by the West Bengal Kerosene Control Order, 1968 and the West …

G. JAYASHREE & ORS.versusBHAGWANDAS S. PATEL & ORS.

2008 INSC 1501Dismissed

The appellants (joint purchasers) entered into an agreement of sale with the respondents (vendors) for land development, which required the purchasers to obtain a layout plan. After disputes, one co‑purchaser entered into a compromise with the vendors, effectively rescinding his part of the …

ROOP SINGH NEGIversusPUNJAB NATIONAL BANK & ORS.

2008 INSC 1502Appeal(s) allowed

The appellant, a peon of Punjab National Bank, was accused of stealing a blank draft issue book. After a five‑year delay, a departmental enquiry found him guilty, relying mainly on a purported confession recorded by police, which the appellant claimed was obtained under duress. The disciplinary …

ASRAF ALLIversusM/S. NAVEEN HOTELS LTD. & ANR.

2008 INSC 1503Case Partly allowed

The appellant, Asraf Alli, was 15 years old when he suffered a left lower‑limb amputation in a road accident. The Motor Accident Claims Tribunal accepted his actual monthly income as Rs 3,000, applied a 70% loss of earning capacity and a multiplier of 18, awarding Rs 4,53,600 as compensation. The …

LALITABEN JAYANTILAL POPATversusPRAGNABEN JAMNADAS KATARIA & ORS.

2008 INSC 1504Appeal(s) allowed

The Supreme Court heard an appeal against a Gujarat High Court order that granted probate of a Will dated 18 June 1995 executed by the deceased Jayantilal Kataria. The appellant contended that the Will was not validly attested because Section 63(c) of the Indian Succession Act, 1925 requires two or …

PRAMILA SUMANSINGH THAKURversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1505Dismissed

The appellant, a developer, sought a No‑Objection Certificate (NOC) for a composite slum‑rehabilitation scheme covering two plots, one of which (Plot 559) was reserved for recreational use. The Slum Rehabilitation Authority rejected her application, stating it was deficient and that Annexure‑II for …

M/S BADRI KEDAR PAPER PVT. LTD.versusU.P. ELECTRICITY REGULATORY COMMN. & ORS.

2008 INSC 1506Case Allowed

The appellant, M/s Badri Kedar Paper Pvt Ltd, challenged the withdrawal of a circular issued by U.P. Power Corporation Ltd that affected the surcharge for a guaranteed 500‑hour power supply. The issue was whether the Uttar Pradesh Electricity Regulatory Commission (UPERC) alone has exclusive …

STATE OF PUNJABversusASHOK SINGH GARCHA & ORS.

2008 INSC 1507Rejected

The State of Punjab filed Special Leave Petitions (C) Nos. 29728‑29731 of 2008 challenging a High Court order concerning a 1963 auction of surplus evacuee lands. The Supreme Court found that the petitions contained factual inconsistencies between the case narrative and the synopsis/list of dates …

H.P. STATE FOREST COMPANY LTD.versusM/S. UNITED INDIA INSURANCE CO. LTD.

2008 INSC 1468Dismissed

The appellant, H.P. State Forest Co. Ltd., insured timber with United India Insurance Co. Ltd. under a policy dated 16 November 1987 that was later found to be a typographical error and effectively covered only eight months. The timber was washed away in September 1988, and the insurer repudiated …

SAMADHAN DHUDAKA KOLIversusSTATE OF MAHARASHTRA

2008 INSC 1469Appeal(s) allowed

The appellant, Samadhan Dhudaka Koli, was convicted under s.302 IPC for the death of his wife Janabai, who died from severe burn injuries. Three dying declarations were recorded: the first before a police constable describing an accidental fire, the second before a Judicial Magistrate (not produced …

CHETU & ANR.versusSTATE OF MADHYA PRADESH

2008 INSC 1470Appeal(s) allowed

The appellants, Chetu, Lalu and their father Chintu, were convicted by the trial court and the Madhya Pradesh High Court for murder, wrongful confinement and arson under IPC sections 302, 342 and 436, based on an FIR lodged by the victim's son. On appeal before the Supreme Court, the Court examined …

LAL SURAJ @ SURAJ SINGH & ANR.versusSTATE OF JHARKHAND

2008 INSC 1472Appeal(s) allowed

The case arose from an FIR that named seven persons for offences under the IPC, Arms Act and Explosive Substances Act, but only one appellant was specifically named. No charge‑sheet was filed against two other alleged participants, Suraj Singh and Arbind Singh. The Sessions Judge, relying on the …

VINOD SOLANKIversusUNION OF INDIA & ANR.

2008 INSC 1473Appeal(s) allowed

Vinod Solanki's office was searched and cash seized; he subsequently made statements to Enforcement officials under the Foreign Exchange Regulation Act (FERA) admitting to foreign exchange remittances, but later retracted those statements alleging coercion. The authorities imposed a Rs 10 lakh …

STATE OF M.P.versusBABLU NATT

2008 INSC 1474Appeal(s) allowed

The State of Madhya Pradesh prosecuted Bablu Natt for abducting a minor girl (aged 11‑13) and raping her repeatedly, also forcing her to live with him for several days and producing a false affidavit claiming she was 18. The trial court convicted him under IPC sections 366 and 376 and imposed the …

EX. CONSTABLE RAMVIR SINGHversusUNION OF INDIA & ORS.

2008 INSC 1475Dismissed

Constable Ramvir Singh of the Border Security Force was convicted of disobeying orders, withholding official dak and, while in internal custody, refusing meals and pack drill. He pleaded guilty and was sentenced to seven days of rigorous imprisonment and dismissal from service. He challenged the …

NAGARAJAversusSTATE OF KARNATAKA

2008 INSC 1476Case Partly allowed

The appellant (A-3), an employee of a wine shop, was tried along with two others for murder of Venkatesh under IPC s.302 read with s.34, alleging a common intention to kill. The trial court and High Court convicted all three of murder. On appeal, the appellant argued that he was unarmed, was …

C.R. JAYARAMAN & ORS.versusM. PALANIAPPAN & ORS.

2008 INSC 1477Dismissed

The appellants claimed that three temples built by their ancestor before 1890 were private family temples and sought a declaration to that effect. The Hindu Religious and Charitable Endowments Board appointed non‑hereditary trustees, prompting the appellants' mother to file a writ petition, which …

BANK OF BARODA & ORS.versusGANPAT SINGH DEORA

2008 INSC 1478Appeal(s) allowed

Ganpat Singh Deora, a Bank of Baroda employee aged 40 with 13 years of service, opted for voluntary retirement under the Bank's 2001 Voluntary Retirement Scheme (BOBEVRS‑2001). While he received the scheme’s retiral benefits, his claim for a pension under the Bank of Baroda Employees Pension …

M/S. THUKRAL MECHANICAL WORKSversusP.M. DIESELS PVT. LTD. & ANR.

2008 INSC 1479Appeal(s) allowed

The appellant, Mis. Thukral Mechanical Works, acquired the registered trademark ‘Field Marshall’ for centrifugal pumps from Mis. Jain Industries and used it in its business. The first respondent, P.M. Diesels Pvt. Ltd., the original proprietor of the mark for diesel engines, sought removal of the …

THE DEPOT MANAGER A.P.S.R.T.C.versusP. JAYARAM REDDY

2008 INSC 1480Appeal(s) allowed

The respondent, a conductor employed on a casual basis, was removed for misconduct and later reappointed without disclosing his prior dismissal. Upon discovery of this concealment, he was again dismissed following departmental proceedings. The Labour Court upheld the dismissal as valid but deemed …

MOHAN MEAKIN LTD.versusSTATE OF H.P. & ORS.

2008 INSC 1481Appeal(s) allowed

Mohan Meakin Ltd., a manufacturer of Indian Made Foreign Liquor, imported malt spirit of over‑proof strength (rectified spirit) into Himachal Pradesh and was levied a permit fee under the State's 1996‑97 excise policy. The company contended that the State lacked legislative competence to impose such …

M/S. P. MANOHAR REDDY & BROS.versusMAHARASHTRA KRISHNA VALLEY DEV. CORPN. & ORS.

2008 INSC 1482Dismissed

The contractor, M/s P. Manohar Reddy & Bros., completed an excavation contract for the Maharashtra Krishna Valley Development Corporation, received full payment and accepted the final bill. Later it claimed extra work, but raised the claim after the contract had ended and beyond the 30‑day period …

C. CHERIATHANversusP. NARAYANAN EMBRANTHIRI

2008 INSC 1483Appeal(s) allowed

The Supreme Court examined a deed dated 27‑10‑1969 in which the vendor transferred his one‑half leasehold interest to the vendee with a stipulation that he could repurchase the property within three years. The central issue was whether the instrument constituted an absolute conveyance with a …

NATIONAL INSURANCE CO. LTD.versusRATTANI AND OTHERS

2008 INSC 1484Appeal(s) allowed

The accident occurred on 15 May 2002 when a Tata 407 goods vehicle, being used to transport members of a marriage party, overturned, killing Sunil Kumar and injuring several others. The claimants, heirs and legal representatives of the deceased and injured, filed claim petitions before the Motor …

SHRI NAJMUDDIN & ORS.versusUNION OF INDIA & ORS.

2008 INSC 1485Dismissed

Shri Najmuddin and others filed a writ petition in 1985 challenging a 1948 notification and a 1962 offer under the Resettlement of Displaced Persons (Land Acquisition) Act, 1948, claiming a one‑third share in certain lands in Delhi. The Delhi Development Authority counter‑claimed possession based on …

KOPARGAON S.S.K. LTD.versusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1486Appeal(s) allowed

The appellant, a liquor manufacturer, challenged the State's demand for supervision charges with retrospective effect and interest, arguing that a prior High Court decision had already settled the issue. The High Court dismissed the later writ petition, holding that the demand notices were illegal. …

JAIPRAKASH ASSOCIATES LTD.versusSTATE OF M.P. AND ORS.

2008 INSC 1487Appeal(s) allowed

The Supreme Court entertained a batch of Special Leave Petitions challenging the constitutional validity of entry tax levied by various State statutes under Entry 52 of List II, Seventh Schedule. The petitioners argued that entry tax is not a tax in the classical sense but a fee, and that the State …

STATE OF M.P. & ORS.versusV.V. ASHTHANA & ORS.

2008 INSC 1488IA disposed

The State of Madhya Pradesh filed an application for a stay of a contempt order that directed the payment of benefits under the 5th Pay Commission to teachers in private‑aided schools. The contempt order arose from the State's failure to implement a High Court judgment (Writ Petition No. 2029 of …

M/S. MALWA STRIPS PVT. LTD.versusM/S. JYOTI LTD.

2008 INSC 1489Appeal(s) allowed

M/s Malwa Strips Pvt Ltd filed a summary suit under Order XXXVII CPC against M/s Jyoti Ltd for a sum of money. The trial court granted conditional leave to defend, requiring the respondent to deposit an admitted amount, which the respondent failed to do, leading to a decree in favour of the …

STATE OF HARYANAversusBHUP SINGH & ORS.

2008 INSC 1490Case Partly allowed

The respondents, Bhup Singh and others, were convicted under Section 302 IPC for murdering three persons and sentenced to life imprisonment. The State of Haryana introduced a policy categorising life convicts for premature release, stipulating that those convicted of heinous crimes could be …

ASSURANCE COMPANY LTD.versusSADANAND MUKHI AND OTHERS

2008 INSC 1491Appeal(s) allowed

The owner of a two‑wheeler insured the vehicle with an act policy under the Motor Vehicles Act, 1988. The owner’s son, who was driving the motorcycle, died in an accident. The claimants sought compensation from the insurer, arguing that the son was a "person" covered under Section 147 of the Act. …

PANCHI DEVIversusSTATE OF RAJASTHAN & ORS.

2008 INSC 1492

Panchi Devi, the widow of a work‑charge employee who died in 1978, claimed a family pension under Rule 22A of the Rajasthan Public Works Department (B&R) Work Charge Employees Service Rules, 1964, which became effective on 17 September 1980 with a sub‑rule (6) applicable from 1 September 1982. The …

STATE OF PUNJABversusBAHADUR SINGH & ORS.

2008 INSC 1456Appeal(s) allowed

The petitioners, work‑charge employees appointed in the early 1980s, sought regularisation of their services after more than a decade of continuous employment. The Punjab and Haryana High Court had earlier ordered their regularisation based on a prior judgment, but the State appealed to the Supreme …

SHANTI BHUSHAN AND ANR.versusUNION OF INDIA AND ANR.

2008 INSC 1457Disposed off

The petitioners filed a public‑interest writ under Article 32 seeking to quash the appointment of a Madras High Court judge, alleging that the appointment as a permanent judge was made without the required collegium consultation and that the judge was unsuitable, as evidenced by repeated extensions …

ALOKA BOSEversusPARMATMA DEVI & ORS.

2008 INSC 1458Dismissed

The appellant Aloka Bose (representing the heirs of the deceased vendor) appealed against a decree of specific performance granted to the plaintiff Parmatma Devi for the sale of a portion of a house. The dispute centered on whether a written agreement of sale signed only by the vendor, without the …

RAGHU RAJ SINGH ROUSHAversusM/S. SHIVAM SUNDRARAM PROMOTERS (P) L & ANR.

2008 INSC 1459Appeal(s) allowed

The respondent company filed a complaint under Section 200 of the CrPC alleging several IPC offences against the appellant. The Metropolitan Magistrate, having taken cognizance, refused to order a police investigation under Section 156(3) and directed the complainant to present pre‑summoning …

DHARIWAL TOBAGO PRODUCTS LTD. AND OTHERSversusSTATE OF MAHARASHTRA AND ANOTHER

2008 INSC 1460Appeal(s) allowed

Dhariwal Tobaco Products Ltd. and its senior officials were charged with manufacturing adulterated Gutkha, violating Rule 62(1) of the Prevention of Food Adulteration Rules, 1955. A Judicial Magistrate issued summons, and the accused filed an application under Section 482 of the Code of Criminal …

UNION OF INDIA & ORS.versusPRAKASH KUMAR TANDON

2008 INSC 1461Dismissed

Prakash Kumar Tandon, an Inspector of Works in Indian Railways, was charged with accepting sub‑standard wood and faced disciplinary action that reduced his pay. He wrote to the appointed Inquiry Officer, the Chief of the Vigilance Department, requesting that Assistant Engineer B.S. Walia be summoned …

D.S. GREWALversusVIMMI JOSHI & ORS.

2008 INSC 1462Disposed off

The case concerned the termination of Vimmi Joshi, a principal of an Army public school, who alleged sexual harassment by the Vice‑Chairman of the School Managing Committee, Col. Hitendra Bahadur. The High Court had held that a clear case of sexual harassment existed and ordered disciplinary action …

U.R. VIRUPAKSHAIAHversusSARVAMMA & ANR.

2008 INSC 1463Appeal(s) allowed

The plaintiff, U.R. Virupakshaiah, filed a partition suit alleging that the disputed lands were joint family property. The High Court, hearing a second appeal under Section 100 of the Code of Civil Procedure, framed an additional substantial question of law concerning the existence of a joint Hindu …

UNION OF INDIA & ORS.versusSATYA BRATA CHOWDHURY & ORS.

2008 INSC 1464Dismissed

The case concerned Time Keepers employed in various workshops of the Eastern Railway who were recruited as clerical staff but were held to be workers under the Factories Act, 1948. The Railway Board issued orders granting the Fifth Pay Revision Commission benefits from 18 February 2000 only to …

AVINASH KUMAR CHAUHANversusVIJAY KRISHNA MISHRA

2008 INSC 1465Dismissed

The appellant, Avinash Kumar Chauhan, purchased land from respondent Vijay Krishna Mishra, a Scheduled Tribe member, and paid the full consideration and took possession, but the transfer required the collector’s permission under the C.G. Land Revenue Code, which was denied. Chauhan sued for recovery …

C. BALCHANDRAN AND ORS.versusSTATE OF KERELA AND ORS.

2008 INSC 1466Dismissed

The appellants were daily‑wage workers hired by the Kerala Water and Sewerage Authority for a specific project and were released in 1987 when the project ended. After the Supreme Court’s decision in Jacob M. Puthuparambil v. Kerala Water Authority (1991), which mandated regularisation of …

M/S. VIJAY INDUSTRIESversusM/S. NATL TECHNOLOGIES LTD.

2008 INSC 1467Appeal(s) allowed

Vijay Industries, a small‑scale supplier of castor oil, sued Natl Technologies for non‑payment of invoices and for interest on delayed payments, filing a winding‑up petition under Sections 433(e), 433(f) and 434 of the Companies Act, 1956. The respondent argued that interest was not a debt because …

M/S. KUMAR EXPORTSversusM/S. SHARMA CARPETS

2008 INSC 1437Appeal(s) allowed

The respondent alleged that it sold woolen carpets to the appellant and that the appellant issued two cheques which were later dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The appellant contended that the cheques were advances for a purchase that never …

V.Y. JOSE & ANR.versusSTATE OF GUJARAT & ANR.

2008 INSC 1438Appeal(s) allowed

The appellants, a partner and an employee of a manufacturing firm, were charged under Sections 417 and 420 IPC for allegedly cheating a client who had paid an advance for a custom‑made machine that allegedly did not meet specifications. The client filed a criminal complaint, and the trial court took …

B. JAGDISH & ANR.versusSTATE OF AP. & ANR.

2008 INSC 1439Dismissed

The appellant, a doctor who advertised himself as a child specialist, treated a seven‑year‑old girl for tuberculosis. The child’s condition worsened and was later diagnosed as advanced leukemia; she died. The consumer commission held the doctor negligent and awarded damages. A criminal complaint …

STATE OF ORISSAversusSUKRU GOUDA

2008 INSC 1440Disposed off

The State of Orissa appealed the acquittal of Sukru Gouda, who had been convicted by a trial court for raping his wife, PW1, under IPC s.376 and the SC/ST Atrocities Act. The High Court set aside the conviction, relying on the absence of medical injuries and the notion that a single man could not …

YANKAPPA AND ORS.versusSTATE OF KARNATAKA

2008 INSC 1441Case Partly allowed

The case arose from a land dispute that led to a group assault on Mahadevappa, resulting in his death. The trial court convicted Yankappa (A1) under Section 302 read with Section 149 IPC and A2‑A6 under Section 304 Part I read with Section 149, acquitting A7‑A15. The Karnataka High Court upheld A1's …

R. SENTHIL BABUversusSTATE OF TAMIL NADU AND A,NR.

2008 INSC 1442Dismissed

The petitioners challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998 which raised tax rates for contract carriage, alleging that the increased levy imposed an uneven burden compared to stage carriage and violated Article 14's principle of proportionality. The High Court dismissed …

DEEPA BHARGAVA & ANR.versusMAHESH BHARGAVA & ORS.

2008 INSC 1443Appeal(s) allowed

The parties, siblings, entered into a compromise concerning ancestral property, which the court incorporated into a decree ordering the respondents to pay Rs.10 lakh each and, on default, interest at 18% per annum. The respondents failed to pay, and the appellants sought execution. The executing …

KOTHARI FILAMENTS & ANR.versusCOMMISSIONER OF CUSTOMS (PORT) KOLKATA & ORS.

2008 INSC 1444Appeal(s) allowed

The appellants, Kothari Filaments, imported lithopone but some bags contained tetracycline HCl, a restricted chemical. Customs issued a show‑cause notice under Sections 111(d), 111(m) and 112(a), (b) of the Customs Act, 1962 alleging mis‑declaration, duty evasion and imposed confiscation and …

M.P. STATE ELECTRICITY BOARD & ANR.versusS. K. YADAV

2008 INSC 1446Case Partly allowed

The respondent, S.K. Yadav, a Homeopathic Assistant, was transferred after the closure of his dispensary and protested, subsequently remaining absent from duty from 10 September 1991 to 1 December 1993. A disciplinary proceeding found him guilty of two charges and imposed a penalty of reduction of …

SAU KUSUMversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1447Appeal(s) allowed

Smt. Sau Kusum, claiming to belong to the carpenter caste (known as Badhai in Madhya Pradesh and Sutar in Maharashtra), contested a panchayat election in Maharashtra for a seat reserved for OBCs. Her election was challenged on the ground that she was not an OBC and not a permanent resident of …

WADA ARUN ASBESTOS (P) LTD.versusGUJARAT WATER SUPPLY & SEWERAGE BOARD

2008 INSC 1448Dismissed

Wada Arun Asbestos (P) Ltd. supplied AC pressure pipes to Gujarat Water Supply & Sewerage Board, which failed to pay the amount due. The plaintiff filed a summary suit under Order 37 of the CPC; the defendant was granted conditional leave to defend on the condition of depositing 50% security, which …

M/S. SHAKTI TUBES LTD. TR. DIRECTORversusSTATE OF BIHAR & ORS.

2008 INSC 1449Appeal(s) allowed

Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it …

SOMESH TIWARIversusUNION OF INDIA AND ORS.

2008 INSC 1450Case Partly allowed

The case concerned an Indian Revenue Service officer who was transferred from Bhopal to Shillong and later to Ahmedabad on the basis of an anonymous complaint alleging caste bias, which was later found to be untrue. The officer’s representations against the transfer were ignored, and he failed to …

MAHESH YADAV & ANR.versusRAJESHWAR SINGH & ORS.

2008 INSC 1451Appeal(s) allowed

In a suit for declaration of title and possession of land, six defendants were impleaded. Defendants 2 and 5 entered into a compromise with the plaintiff, while an ex‑parte decree was passed against defendants 1 and 6. The latter filed an application under Order IX Rule 13 of the Code of Civil …

PARENTS ASSOCIATION OF STUDENTSversusM.A. KHAN AND ANOTHER

2008 INSC 1452Disposed off

The Parents Association of Students filed a writ petition seeking regulation of professional education fees in Uttar Pradesh. After the High Court’s Single Judge gave directions, the State issued a government order allowing a medical college (run by respondent No.1, M.A. Khan) to collect fees, which …

MANTOO SARKARversusORIENTAL INSURANCE CO. LTD. AND OTHERS

2008 INSC 1453Appeal(s) allowed

Mantoo Sarkar, a migrant agricultural labourer originally from Pilibhit, was residing and working in Nainital when he was injured in a bus‑truck collision that occurred in Bareilly, Uttar Pradesh. The truck was insured by Oriental Insurance Company, which maintained a branch at Nainital. Sarkar …

G. GNANAM @ GNANAMOORTHYversusMETROPOLITAN TRANSPORT CORPORATION

2008 INSC 1454Appeal(s) allowed

The appellant, G. GnanaM, was a passenger in a Metropolitan Transport Corporation bus that collided with a lamp post on 14 June 1995, resulting in a fractured right upper arm and a medically assessed permanent disability of 65%. He claimed Rs 6,00,000 as compensation; the Motor Accident Claims …

COMMITTEE OF MANAGEMENT & ANR.versusVICE CHANCELLOR & ORS.

2008 INSC 1455Appeal(s) allowed

The Committee of Management of Mumtaz Post Graduate College (appellants) challenged the Vice‑Chancellor’s refusal to approve the removal of its principal, Dr. M.N. Khan, arguing that the removal order violated Section 35(2) of the U.P. State Universities Act, 1973 and that the provision was …

SYED ABDUL QADIR & ORS.versusSTATE OF BIHAR & ORS.

2008 INSC 1436Case Partly allowed

The case concerned assistant teachers of Bihar's Nationalised Schools whose pay on promotion had been fixed under the now‑defunct Fundamental Rule 22‑C (FR.22‑C). The State of Bihar issued an office order in 2000 directing re‑fixation of pay under the amended provisions FR.22(1)(a)(1) and …

BAIKUNTH SINGHversusSTATE OF BIHAR AND ORS.

2008 INSC 1433Disposed off

Baikunth Singh filed a complaint under IPC s.406, leading the trial court to take cognizance and issue summons against respondents 2 and 3. The respondents filed a petition under CrPC s.482, impleading the appellant, and the Patna High Court quashed the trial court's order without giving any notice …

DHARAM PALversusSTATE OF HARYANA AND ORS.

2008 INSC 1434Disposed off

The appellant Dharm Pal filed a writ petition challenging a 2000 notification under Section 4 and a 2001 declaration under Section 6 of the Land Acquisition Act, 1894, which acquired his residential structure while similar structures of other persons were left out. The Punjab and Haryana High Court …

SHIV KUMARversusSTATE OF N.C.T. OF DELHI

2008 INSC 1435Disposed off

Shiv Kumar was convicted under sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to three years' imprisonment. He applied to the Delhi High Court for suspension of his sentence under Section 389 of the Code of Criminal Procedure, arguing that he had already served one year …

U.P. POLLUTION CONTROL BOARDversusDR. BHUPENDRA KUMAR MODI & ANR.

2008 INSC 1419Appeal(s) allowed

The U.P. Pollution Control Board granted conditional consent to Modi Carpets Ltd. to discharge trade effluent, but the company discharged untreated effluent in violation of the consent. The Board filed a complaint under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974 against …

VAMAN NARAIN GHIYAversusSTATE OF RAJASTHAN

2008 INSC 1420Dismissed

Vaman Narain Ghiya, accused of smuggling antiques, was charged under IPC sections 413, 457, 380 and 411. He argued that he should be released on bail under Section 439 of the Code of Criminal Procedure, 1973, relying on the fact that he had obtained bail in six of ten cases, had been in custody for …

TARSEM SINGHversusSTATE OF PUNJAB

2008 INSC 1421Appeal(s) allowed

Tarsem Singh was convicted under Section 3048 of the IPC for the death of his wife Amriko, alleged to have been caused by dowry‑related cruelty. The prosecution alleged harassment for insufficient dowry and childlessness, but the FIR and evidence did not show any demand for dowry made "soon before" …

RANGAIAHversusSTATE OF KARNATAKA

2008 INSC 1422Appeal(s) allowed

The appellant Rangaiah was charged with murder and causing hurt after a quarrel in his village resulted in the death of Maruchhaiah. The trial court acquitted him, finding material discrepancies in the prosecution's evidence, including inconsistencies between the dying declaration and witness …

RAVISHWAR MANJHI & ORS.versusSTATE OF JHARKHAND

2008 INSC 1423Appeal(s) allowed

The case involved two cross‑FIRs arising from a violent clash in Simultand village where the deceased Nagender Nath Das was killed and several others injured. The complainant alleged that the accused assaulted him and his relatives, while the accused claimed they acted in self‑defence against the …

M.D. BALASAHEB DESAI SAHAKARI S.K. LTD.versusKASHINATH GANAPATI KAMBALE

2008 INSC 1424Case Partly allowed

The respondent, a peon employed since 1974, was dismissed in 1984 for multiple instances of misconduct including unauthorized absences, late attendance, leaving the premises without permission, and falsifying the muster roll. He sought reinstatement with continuity of service and full back wages …

KAILASH RANI DANGversusRAKESH BALA ANEJA & ANR.

2008 INSC 1425Disposed off

The dispute arose from a family arrangement and partnership deed concerning a cinema hall, where the appellant sought execution of an ex‑parte arbitral award dated 25 August 1999. The respondent contested the award, claiming he never received it and filed a Section 34 application beyond the 90‑day …

OM PRAKASHversusSTATE OF U.P.

2008 INSC 1426Appeal(s) allowed

The incident occurred on 15 August 1979 when Om Prakash and six others, armed with firearms, entered the house of Mewa Ram during a Janamashtami puja and fired shots, resulting in the death of Ram Rakshpal. The trial court convicted all seven accused of murder, but the Allahabad High Court upheld …

M/S. HARMAN ELECTRONICS (P) LTD. & ANR.versusM/S. NATIONAL PANASONIC INDIA LTD.

2008 INSC 1427Appeal(s) allowed

The appeal concerned the territorial jurisdiction of a criminal court to try an offence under Section 138 of the Negotiable Instruments Act, 1881. The complainant, National Panasonic India Ltd., filed a complaint in Delhi alleging that a cheque drawn and presented in Chandigarh was dishonoured and …

VIDYABAI & ORS.versusPADMALATHA & ANR.

2008 INSC 1428Appeal(s) allowed

The plaintiffs filed a suit for specific performance of a sale agreement and filed a written statement in April 2004. After issues were framed and affidavits were filed as evidence, the defendants sought to amend their written statement in November 2006. The trial court dismissed the amendment, …

BHARPUR SINGH & ORS.versusSHAMSHER SINGH

2008 INSC 1429Appeal(s) allowed

Ram Devi, a 75‑year‑old widow, executed a will on 30‑March‑1962 in favour of Shamsher Singh, an agnate five degrees removed, disinheriting her two surviving daughters. After her death in 1990, Shamsher Singh sued the daughters (appellants) to set aside a mutation order in their favour, claiming he …

MAHAVIR SINGHversusKHIALI RAM & ORS.

2008 INSC 1430Appeal(s) allowed

The appellant Mahavir Singh was appointed Lambardar of Village Thurana by the District Collector under the Punjab Land Revenue Rules, which consider factors such as hereditary claim, land ownership, service to the State, character and age. Respondent No.1, Khiali Ram, challenged the appointment …

BIHAR STATE FINANCIAL CORPORATIONversusM/S. CHHOTANAGPUR MINERALS AND ORS.

2008 INSC 1431Dismissed

The Bihar State Financial Corporation (BSFC) granted a loan to Mis. Chhotanagpur Minerals, which mortgaged lease‑hold rights over a factory site. After the borrower defaulted, BSFC invoked Sections 29 and 30 of the State Financial Corporations Act, 1951 and sold the factory premises to a third …

B.P. MOIDEEN SEVAMANDIR & ANRversusA.M. KUTTY HASSAN

2008 INSC 1432Appeal(s) allowed

The appellants, B.P. Moideen Sevamandir & Anr, challenged the dismissal of their second appeal by the Kerala High Court after a Lok Adalat failed to secure a settlement. The High Court had refused an adjournment request and dismissed the appeal, citing the appellants' alleged cantankerous behaviour …

PUTTASWAMYversusSTATE OF KARNATAKA & ANOTHER

2008 INSC 1413Disposed off

The appellant was convicted under Sections 279 and 304A of the IPC for causing the death of a seven‑year‑old girl by negligent driving of a tractor. He was sentenced to six months' simple imprisonment and a fine of Rs.2,000, with the conviction under Section 279 later set aside by the High Court. …

ARUNversusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 1414Case Partly allowed

The appellant (A‑5) was tried with seven others for the murder of Venkatesan Seshastripuram. A‑4 entered the deceased's house and shot him, resulting in death. The trial court convicted A‑4 under s.302 IPC and A‑5 under s.398 and s.457(1) IPC, acquitting A‑5 of s.302 read with s.34 IPC. The Madras …

STATE OF BIHAR & ORS.versusPANDEY JAGDISHWAR PRASAD

2008 INSC 1415Dismissed

The respondent, a government clerk, had two dates of birth entered in his service book—11‑02‑1944 (as per his matriculation certificate) and 11‑02‑1946. Based on the later date he retired on 29‑02‑2004, but the State argued he should have retired on 28‑02‑2002 and ordered recovery of the salary paid …

PUNJ LLOYD LIMITEDversusCORPORATE RISKS INDIA PVT. LTD.

2008 INSC 1416Appeal(s) allowed

Punj Lloyd Limited, an engineering contractor, filed a consumer complaint against Corporate Risks India Pvt. Ltd., an insurance broker, alleging negligence that caused a loss of over Rs. 5.26 crore in securing insurance for a pipeline project. The National Consumer Disputes Redressal Commission …

M/S. A & G PROJECTS & TECHNOLOGIES LTD.versusSTATE OF KARNATAKA

2008 INSC 1417Appeal(s) allowed

M/s. A & G Projects & Technologies Ltd., a dealer registered under the Central Sales Tax Act, 1956, entered into three contracts for supplying capacitor banks to Karnataka Power Transmission Corporation Ltd. (KPTCL). The goods were procured from a manufacturer in Tamil Nadu via an EPC contractor …

STATE OF WEST BENGAL & ORS.versusKABERI KHASTAGIR & ORS.

2008 INSC 1411Appeal(s) allowed

The respondents, appointed as supervisors and Child Development Project Officers (CDPO) under the Integrated Child Development Scheme (ICDS) in West Bengal, claimed that they were State Government employees and sought mandatory promotion of 75% of CDPO and Assistant CDPO posts from female …

STATE OF GOAversusPANDURANG MOHITE

2008 INSC 1408Dismissed

The State of Goa appealed the acquittal of Pandurang Mohite, who had been charged under Sections 302, 392 and 201 IPC for the murder of a missing boy. The trial court had convicted Mohite on the basis of circumstantial evidence, chiefly the "last seen" testimony of two witnesses who claimed to have …

M/S GANPATI RV-TALLERES ALEGRIA TRACK PVT. LTD.versusUNION OF INDIA AND ANR.

2008 INSC 1410Case Partly allowed

The Ministry of Railways invited a tender for thick web switches, requiring ISO 9001 certification and ROSO approval. Ganpati RV‑Talleres Alegria Track Pvt. Ltd. submitted a technical bid that was initially approved, but its commercial bid was later rejected on the ground that the eligibility …

UNION OF INDIA & ORS.versusSICOM LTD. & ANR.

2008 INSC 1401Dismissed

The Union of India and other appellants sought to recover central excise dues from SICOM Ltd., which had defaulted on a loan secured by a mortgage under the State Financial Corporation Act, 1951. The State Financial Corporation had taken possession of the mortgaged assets and claimed a first charge …

FARHD K. WADIAversusUNION OF INDIA & ORS.

2008 INSC 1402Dismissed

The appellant, Farhd K. Wadia, sought a writ directing that Rang Bhavan, an open‑air theatre in Mumbai, be exempted from the "silence zone" provisions of the Noise Pollution (Regulation and Control) Rules, 2000, after his application to use loudspeakers was rejected following a 2003 Bombay High …

STATE OF MADHYA PRADESH & ORS.versusVISAN KUMAR SHIV CHARAN LAL

2008 INSC 1403Appeal(s) allowed

The State of Madhya Pradesh filed a Letters Patent Appeal against a Division Bench order that had dismissed a writ petition under Article 227 seeking to quash a Labour Court order passed under Section 10 of the Industrial Disputes Act, 1947. The High Court held the appeal non‑maintainable, relying …

LAXMANJI AND ANR.versusSTATE OF GUJARAT

2008 INSC 1404Appeal(s) allowed

Four accused went to the victim's house; the unarmed accused No.2 and No.3 restrained the victim while accused No.1, armed with a knife, inflicted fatal blows. The victim died, leading to conviction of accused Nos.1,2,3 under Section 302 read with Section 34 of the IPC, while No.4 was acquitted. The …

SPEECH & SOFTWARE TECHNOLOGIES (INDIA) PVT.versusNEOS INTERACTIVE LTD.

2008 INSC 1407Appeal(s) allowed

Speech & Software Technologies (India) Pvt. Ltd. entered into a Services Agreement with Neos Interactive Ltd. on 15 July 2006 for monthly service fees. The respondent argued that the Services Agreement was a schedule to a later Tripartite Share Purchase Agreement (TSPA) and that, because the TSPA …

ARUN BHAKTA @ THULUversusSTATE OF WEST BENGAL

2008 INSC 1405Appeal(s) allowed

Arun Bhakta (Thulu) was convicted under Section 302 IPC for the murder of his wife Jyotsna, based largely on circumstantial evidence and the "last seen" theory that the couple were together the night before her death. The prosecution's case relied on statements of witnesses that were later …

TAMILNAD MERCANTILE BANK SHARE HOLDERS WELFARE ASSOCIATIONversusS.C. SEKAR AND ORS.

2008 INSC 1406Dismissed

The Tamilnad Mercantile Bank Share Holders Welfare Association (appellant) sought to restrain the election of directors at the bank's 83rd, 84th and 85th Annual General Meetings, alleging that the meetings violated a 26 July 2006 injunction that allowed only certain agenda items to be considered. …

KASHIBEN CHHAGANBHAI KOLIversusSTATE OF GUJARAT

2008 INSC 1397Dismissed

The appellant, a landowner, had agreed to sell a parcel of agricultural land to the complainant, who belongs to a Scheduled Tribe, and transferred possession after partial payment. After the complainant began cultivating sugarcane, the appellant forcibly entered the land, used a tractor to till it …

MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. AND ANR.versusRAJIV DUBEY

2008 INSC 1398Appeal(s) allowed

The Managing Director of Team Finance Company filed a criminal complaint under IPC sections 406, 420, 294, 506 and 34 alleging breach of trust because Mahindra & Mahindra Financial Services presented post‑dated cheques despite the debt being discharged by demand drafts as per a tripartite agreement. …

GULLIPILLI SOWRIA RAJversusBANDARU PAVANI @ GULLIPILI PAVANI

2008 INSC 1399Dismissed

The appellant, a Roman Catholic Christian, married the respondent, a Hindu, in a temple according to Hindu customs and later registered the marriage under Section 8 of the Hindu Marriage Act, 1955. The respondent filed a petition under Section 12(1)(c) seeking a decree of nullity, alleging the …

CHEMBRA ORCHARD PRODUCE LTD. & ORS.versusREGIONAL DIRECTOR OF COMPANY AFFAIRS & ANR.

2008 INSC 1400Appeal(s) allowed

The appellants, Chembra Orchard Produce Ltd. and others, filed applications under Section 391(1) of the Companies Act, 1956 seeking a court order to convene meetings of creditors and members for a proposed amalgamation scheme. The Karnataka High Court held that such applications must be heard with …

RAJOO & ORS.versusSTATE OF M.P

2008 INSC 1388Appeal(s) allowed

The Supreme Court examined the conviction of thirteen accused for gang rape under IPC s.376(2)(g) based largely on the victim's testimony, her mother's statements, and semen‑stained underwear. The Court found that the victim showed no physical injuries, her statements were inconsistent, and her …

PRABHUversusSTATE OF MADHYA PRADESH .

2008 INSC 1389Case Partly allowed

The accused Prabhu, Jagdish and Nanhe Lal attacked Shankar; Nanhe wielded a sharp katana while Prabhu and Jagdish used lathis. Shankar sustained fourteen injuries, including incised wounds, and died from extensive hemorrhage. The trial court convicted all under s.302 r.w. s.34 IPC, but the Madhya …

GOBIND SINGHversusKRISHNA SINGH AND ORS.

2008 INSC 1390Appeal(s) allowed

The Supreme Court examined appeals against a Patna High Court order that had confirmed a death sentence awarded to Krishna Singh for murder under Sections 302 and 149 of the IPC. The appellants contended that the High Court’s findings were based on conjecture, particularly questioning the …

SHRI ARUN B. KHANJIREversusTHE ICHALKARANJI URBAN CO-OP. BANK LTD. & ORS.

2008 INSC 1391Dismissed

The petitioner, Arun B. Khanjire, disputed his liability for loans taken from ICHALKARANJI URBAN CO-OP BANK Ltd. and faced recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The Assistant Registrar issued recovery certificates, which the petitioner challenged …

K. LAXMANANversusTHEKKAYIL PADMINI & ORS.

2008 INSC 1392Dismissed

The appeal concerned the validity of a Will (Ext.83) and a Gift Deed (Ext.82) executed by the deceased Chathu in favour of his son K. Laxmanan. The appellant was required to prove the genuineness and execution of both documents under Sections 68 and 69 of the Indian Evidence Act, 1872. Because one …

DY. COMMISSIONER OF INCOME TAXversusSTATE BANK OF INDIA AND ORS.

2008 INSC 1394Disposed off

The Supreme Court examined an appeal by the Deputy Commissioner of Income Tax challenging a Special Court order that scaled down the tax priority claim against the assets of Harshad S. Mehta, a notified person under the Special Court Act, 1992. The Income Tax Department argued that the Special Court …

INDIAN CHARGE CHROME LTD.versusJAGDISH RAI PURI & OTHER

2008 INSC 1395Dismissed

Indian Charge Chrome Ltd. sought specific performance of a contract to purchase government land. The land, originally granted to a third party, required State Government permission for transfer. The State Government refused permission, leading to a writ petition in the Orissa High Court, which set …

RAJENDRAN & ANR.versusSTATE ASSTT. COMMNR. OF POLICE LAW & ORDER

2008 INSC 1375Dismissed

The appellants, husband and parents‑in‑law of a married woman who died by self‑immolation, were tried for offences under Sections 3048 and 498A of the IPC. The trial court acquitted them of the dowry‑death charge under Section 3048 but convicted them under Section 498A for cruelty that allegedly …

RAMA KANT VERMAversusSTATE OF U.P. & ORS.

2008 INSC 1374Appeal(s) allowed

The case involved six accused persons charged under IPC sections 302, 149 and 148 for the murder of four individuals. The trial court convicted four of the accused and sentenced them to death. The Allahabad High Court, however, acquitted the accused and dismissed the State's appeal. The complainant …

COMMISSIONER OF TRADE TAX, U.P.versusM/S. NATIONAL INDUSTRIAL CORPORATION LTD.

2008 INSC 1376Dismissed

The respondents, M/s National Industrial Corporation Ltd., used paddy husk as fuel and were assessed sales tax under various Uttar Pradesh Trade Tax notifications. They contended that paddy husk was first included as a taxable commodity only by the notification dated 6 June 1996, and that earlier …

VISA INTERNATIONAL LTD.versusCONTINENTAL RESOURCES (USA) LTD.

2008 INSC 1387Case Allowed

Visa International Ltd. and Continental Resources (USA) Ltd. entered into a Memorandum of Understanding (14‑Feb‑2005) and a subsequent agreement (15‑Feb‑2005) to set up an integrated aluminium complex, containing Clause VI which provided that any dispute not settled amicably would be finally settled …

PRAKASH R. GUPTAversusLONAVALA MUNICIPAL COUNCIL & ORS.

2008 INSC 1377Appeal(s) allowed

The appellant, owner of land reserved for a college under a development plan, sought release of the land after the college was disaffiliated. The land had not been acquired within the ten‑year period prescribed by Section 127 of the Maharashtra Regional and Town Planning Act, 1966, nor were any …

VISHWAMBHAR NARAYAN JADHAVversusMALLAPPA SANGRAMAPPA MALLIPATIL & ANR.

2008 INSC 1378Appeal(s) allowed

The appellant Vishwambhar Narayan Jadhav was attacked with acid on a bus, sustaining serious burns. He was convicted by the trial court under Section 326 of the Indian Penal Code and sentenced to three years' rigorous imprisonment and a fine of Rs.3,000. The conviction and sentence were affirmed by …

DELHI TRANSPORT CORPORATIONversusMOOL CHAND

2008 INSC 1379Disposed off

The Delhi Transport Corporation (DTC) introduced a Voluntary Retirement Scheme (VRS) in 1995 that expressly stated employees opting for the scheme would not be entitled to a pension. Mool Chand, the respondent, retired under this scheme. The Delhi High Court had held that despite the scheme's terms, …

P. SATYANARAYANA RAO & ANR. ETC.versusS.V.P. SARVANI & ORS.

2008 INSC 1380Appeal(s) allowed

The case concerned the seniority of a Junior Assistant who moved from a Category‑11 post in a subordinate Commercial Tax office to a Category‑10 post in the Head of Department's office under the Andhra Pradesh Ministerial Service Rules. The employee claimed that his seniority in the new post should …

S. SATNAM SINGH & ORS.versusSURENDER KAUR & ANR.

2008 INSC 1382Appeal(s) allowed

The case involved a partition suit concerning a residential house and the business of Bombay Cycle Company. The trial court passed a preliminary decree granting each party a one‑third share in the house, but later the parties sought to include the business assets in the partition. The High Court set …

NOVARTIS INDIA LTDversusSTATE OF WEST BENGAL AND ORS

2008 INSC 1383Dismissed

Novartis India Ltd. transferred three senior sales representatives to distant locations; they refused to report, filed representations and civil suits, and were terminated without a domestic inquiry. The workmen raised an industrial dispute; the Industrial Tribunal held the termination illegal, …

UNITED INDIA INSURANCE CO. LTD.versusSANTRO DEVI & ORS.

2008 INSC 1384Dismissed

The appellant, United India Insurance Co., had issued a motor vehicle insurance policy for a truck owned by the deceased Atma Ram Sharma, with renewals effected by the bank that held a hypothecation on the vehicle. After Sharma's death in 1991, the registration was not transferred and the policy …

NARENDRA GOPAL VIDYARTHIversusRAJAT VIDYARTHI

2008 INSC 1385Appeal(s) allowed

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's …

INDRA PAL SINGHversusSTATE OF U.P.

2008 INSC 1386Dismissed

The trial court acquitted the accused of murder, but the High Court convicted them under Sections 302 read with 149 and 148 of the IPC. The appellants argued that the FIR was lodged late, that the eye‑witnesses (PW‑1 and PW‑4) gave contradictory and unreliable statements, that their testimony …

MOHAMMED YUSUFversusFAIJ MOHAMMAD & ORS .

2008 INSC 1381Appeal(s) allowed

The appellant filed a suit for permanent and temporary injunction in 2002. The respondents, served with summons, repeatedly sought extensions to file their written statement under Order 8 Rule 10 of the CPC, but the trial court rejected their application and set a date for recording evidence. The …

BALDEV SINGHversusSTATE OF HARYANA

2008 INSC 1368Appeal(s) allowed

Baldev Singh was convicted by the trial court and the High Court for murder (Sec. 302 IPC) and outraging modesty (Sec. 354 IPC) based largely on circumstantial evidence such as injuries on his body, recovered chappals and utensils, and alleged extra‑judicial confessions. The Supreme Court examined …

MOHINDRA HIRE PURCHASEversusJARNAIL SINGH . ,

2008 INSC 1369Appeal(s) allowed

The appellant, Mohindra Hire Purchase, filed a complaint under Section 138 of the Negotiable Instruments Act leading to the accused's acquittal. The appellant then sought special leave to appeal the acquittal under Section 378 of the Code of Criminal Procedure. The Punjab and Haryana High Court …

STATE OF ORISSAversusSIKHAR JENA AND ORS

2008 INSC 1370Disposed off

The incident occurred on 19 March 1984 when a mob of labourers attacked police personnel at the Iron Ore Plot in Paradeep, resulting in the deaths of five police officers. Six accused were convicted by the trial court on the basis of eye‑witness testimony of Havaldar U.C. Jena (PW‑2) and another …

BATCU VENKATEHSWARLU AND ORS.versusPUBLIC PROSECUTOR HIGH COURT OF AP.

2008 INSC 1366Appeal(s) allowed

The Supreme Court examined an appeal filed by the State under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 against the acquittal of Batcu Venkatehswarlu and others by a trial court. The Court held that an appellate court has full power to re‑appreciate, review and reconsider the …

CHAMAN & ANR.versusSTATE OF UTTARANCHAL

2008 INSC 1371Dismissed

The appellants Chaman, Vinod Kumar and Naresh entered the deceased Jaswant Singh's house armed with weapons, assaulted him and caused his death. They were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment, with Vinod also convicted under …

VIJAYversusSTATE OF MAHARASHTRA

2008 INSC 1372Appeal(s) allowed

The case arose from the death of Anita, who allegedly committed suicide after her husband Vijay and mother‑in‑law Suman demanded dowry. The prosecution relied on a letter (Exhibit 19) written by Anita to her father, which mentioned a demand for a gold ring by the mother‑in‑law. The trial court …

YOGI AGARWALversusM/S, INSPIRNFION CLOTHES & U AND ORS.

2008 INSC 1373Dismissed

The plaintiff filed a suit for recovery of Rs 9,48,143 relating to consignments and samples supplied. The defendants sought to refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, relying on three invoices issued by a proprietary concern of one defendant …

ANUSUYABEN SADASHIV JADAV AND ANR.versusUNION OF INDIA AND ORS.

2008 INSC 1367Disposed off

The petitioners, accused under the Prevention of Terrorism Act (POTA) and other offences, had their bail applications rejected by Special POTA Courts. The Supreme Court, upholding the constitutionality of sections 2(3) and 5 of the Prevention of Terrorism (Repeal) Act, 2004, deemed the POTA cases …

GURRAM CHAKRAVARTHYversusSTATE OF A.P.

2008 INSC 1356Disposed off

Gurram Chakravarthy was convicted under Section 304(8) of the Indian Penal Code and sentenced to seven years' rigorous imprisonment and a fine. The High Court upheld the conviction, but the Supreme Court observed that the High Court had not examined the defence witnesses who were called to rebut the …

STATE OF TAMIL NADUversusMANMATHARAJ

2008 INSC 1357Dismissed

The State of Tamil Nadu appealed the acquittal of Manmatharaj, who had been convicted by the trial court for murder and for causing the disappearance of evidence under Sections 302 and 201 of the IPC, based primarily on an extra‑judicial confession recorded by the Village Administrative Officer …

SONTI RAMA KRISHNAversusSONTI SHANTI SREE AND ANR.

2008 INSC 1358Dismissed

The appellant, Sonti Rama Krishna, filed a complaint alleging that his son, Venkateswara Rao, had been insulted by his wife, Sonti Shanti Sree, after their arranged marriage, and that the insult drove the son to commit suicide. The police registered a case under Section 306 of the IPC for abetment …

BHUVANESHWAR YADAVversusSTATE OF BIHAR AND ORS.

2008 INSC 1359Appeal(s) allowed

The Supreme Court examined an appeal against a Patna High Court order that granted bail to two accused convicted of murder (IPC s.302) and illegal possession of arms (Arms Act s.27) without providing any reasons. The High Court had earlier rejected bail applications, later allowing the petitioners …

STATE OF HARYANAversusSURJIT SINGH

2008 INSC 1360Appeal(s) allowed

The respondent, Surjit Singh, was convicted under Section 7 of the Prevention of Corruption Act, 1988 and acquitted under Section 13(2). The State of Haryana sought leave to appeal the acquittal under Section 378(3) of the Code of Criminal Procedure, but the Punjab and Haryana High Court dismissed …

AMBIKA MANDALversusTHE STATE OF BIHAR (NOW JHARKHAND)

2008 INSC 1361Disposed off

Ambika Mandal was convicted under IPC sections 304‑C and 306 and under the Dowry Prohibition Act for dowry‑related offences. She appealed the conviction, but the appeal was transferred from the Patna High Court to the Jharkhand High Court after the reorganisation of states. The appellant received no …

SHIVNATH PRASADversusTHE STATE OF BIHAR

2008 INSC 1362Disposed off

Shivnath Prasad was convicted under Sections 279 and 304A of the Indian Penal Code by the trial court and the appellate court. He filed a revision petition in the Patna High Court, which was dismissed by a cryptic order without addressing his contentions that key evidence – the doctor, the …

BABASAHEB APPARAO PATILversusSTATE OF MAHARASHTRA

2008 INSC 1363Dismissed

The appellant, Babasaheb Apparao Patil, was convicted along with three others for murder under Section 302 read with Section 34 of the IPC. The prosecution's case rested primarily on the testimony of two eye‑witnesses, PW‑10 and PW‑11, whose statements contained minor contradictions and an alleged …

K.A. ANSARI & ANR.versusINDIAN AIRLINES LTD.

2008 INSC 1364Appeal(s) allowed

The appellants, former Vayudoot employees absorbed into Indian Airlines, were directed by a High Court Single Judge to be placed in a post of equivalent pay scale after failing to obtain a pilot licence. The airline placed them in a lower scale, prompting the appellants to file a miscellaneous …

STATE OF A.P. & ANR.versusT. YADAGIRI REDDY & ORS

2008 INSC 1365Dismissed

The State of Andhra Pradesh appealed against the High Court’s order that five respondents, who were the sons of a late protected tenant, were the absolute owners of 123 acres of agricultural land and could not be declared surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural …

COMMNR. OF CENTRAL EXCISE, BANGALOREversusSRIKUMAR AGENCIES ETC. ETC.

2008 INSC 1355Disposed off

The Commissioner of Central Excise, Bangalore filed appeals challenging several orders of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) that had disposed of cases by merely relying on earlier judgments without a detailed examination of the facts. The central issue was whether the …

SAMSUDDHIN SHEIKHversusSTATE OF GOA

2008 INSC 1350Case Partly allowed

Samsuddhin Sheikh and co-accused, pickpockets, stabbed Shashikant Kawade after a verbal altercation that escalated into a sudden fight. The deceased died on the way to the hospital. The trial court convicted them under Section 302 read with Section 34 IPC (murder) and the High Court affirmed. On …

THANGA PRAKASHversusSTATE OF KARNATAKA

2008 INSC 1351Disposed off

The Supreme Court examined a criminal appeal filed by accused A1 (Thanga Prakash) against the Karnataka High Court’s order disposing of the appeal without addressing contradictory findings in the trial court’s judgment. The trial court had inconsistently held that some accused were acquitted while …

UNION OF INDIA AND ORS.versusM/S EXIM RAJATHI INDIA PVT. LTD.

2008 INSC 1352Disposed off

The respondents imported 56 metric tons of garlic from China which was found to be infected with the fungus Embellisia and traces of Urocystis capulae. The Bombay High Court directed that the consignment be fumigated with methyl bromide, a pesticide used for insects, and thereafter cleared upon …

BRIGADIER MAN MOHAN SHARMA, FRGS (RETD.)versusLT. GEN. DEPINDER SINGH

2008 INSC 1353Appeal(s) allowed

Lt. Gen. Depinder Singh (author) entered a publication agreement with Dattatreya Prakashan, later acquired by the appellant (Trishul Publications). After publishing the first and second editions, the appellant refused further editions and suggested the author authorize another publisher, Natraj …

OM PRAKASH MARWAHA (D) THR. LRS. & ORS.versusJAGDISH LAL MARWAHA (D) THR. LRS.

2008 INSC 1354Dismissed

The plaintiff sought vacant and peaceful possession of a Delhi property, but the suit was dismissed. The plaintiff appealed, and during the first appeal the sole defendant died. An application for substitution of the defendant’s legal heirs was filed but remained pending, and the decree was …

N.H. MUHAMMED AFRASversusSTATE OF KERALA

2008 INSC 1340Appeal(s) allowed

The appellants Ashraf and Afras were convicted for murder under Section 302 read with Section 34 of the IPC based primarily on the testimony of PW1, who claimed to have seen the accused stabbing the victim. The Supreme Court noted serious contradictions between the statements of PW4 (police …

A. YADHAVversusSTATE OF KARNATAKA

2008 INSC 1341Dismissed

The appellant, A. Yadav (Accused No.2), was acquitted by the trial court of charges under Sections 302 and 394 IPC, while Accused No.1 was convicted. The State appealed, and the Karnataka High Court set aside the acquittal, relying on circumstantial evidence such as the appellant’s acquaintance with …

M. VISWANATHANversusM/S. S.K. TILES & POTTERIES P. LTD. & ORS.

2008 INSC 1342Appeal(s) allowed

M. Viswanathan filed a criminal complaint alleging theft of documents, forgery, and intimidation by S.K. Tiles & Potteries Ltd. and others, leading to charges under IPC sections 379, 468, 471, 420 and 506(ii). The respondents sought quashing of the proceedings under Section 482 of the CrPC, arguing …

UNION OF INDIA AND ORS.versusATAM PARKASH AND ANR.

2008 INSC 1343Appeal(s) allowed

The case arose from a writ petition challenging a detention order dated 10 May 1993 issued under Section 3(1) of the COFEPOSA Act. The Punjab and Haryana High Court held that the order had become infructuous due to the lapse of time and restrained the respondents from enforcing it, while also …

STATE REP. BY INSPECTOR OF POLICE, TAMIL NADUversusRAJENDRAN & ORS.

2008 INSC 1344Appeal(s) allowed

Four accused (A‑1 to A‑4) attacked the deceased with an aruval and metal‑tipped sticks, causing his death. The incident was witnessed by PW‑1 and PW‑3, whose eye‑witness testimony was accepted by the trial court, which convicted the accused under Section 302 of the IPC and Section 25 of the Arms …

STATE OF U.P. & ANR.versusJAGDISH SARAN AGRAWAL. & ORS.

2008 INSC 1346Appeal(s) allowed

The State of Uttar Pradesh, owner of a parcel of land managed by the Nagar Palika, sought eviction of alleged unauthorized occupants under three different statutes: a 1960 suit for permanent injunction filed by the Nagar Palika, a 1970 proceeding under the Uttar Pradesh Public Land (Eviction and …

NARAYAN PRASAD LOHIAversusNIKUNJ KUMAR LOHIA

2008 INSC 1347Dismissed

An arbitration award dated 6 October 1996 confirmed a family settlement under a Memorandum of Understanding (MOU) of 24 June 1996. The award was challenged by two parties, leading a single High Court judge to set it aside. Subsequent appeals were dismissed, and the Supreme Court remanded the matter …

BOARD OF TRUSTEES FOR PORT OF CALCUTTA & ORS.versusAVIJIT KUMAR RAY & ORS.

2008 INSC 1348Appeal(s) allowed

In the 1970s the Calcutta Port Trust recruited trained apprentices and the wards of employees who died in harness in a 1:1 ratio in its Mechanical Engineering department. The practice was later discontinued and only compassionate appointments for the wards continued. Three hundred and twenty‑one …

MANOJ RAMESH MEHTAversusSTATE OF MAHARASHTRA

2008 INSC 1338Dismissed

Manoj Ramesh Mehta, accused No. 42 in the Telgi stamp counterfeiting case, was charged under IPC sections 120(8), 255, 34, 109 and MCOCA sections 3(1)(ii), 3(2), 3(5) and 4. He applied for bail, arguing that his role was limited to legitimate business transactions and was merely peripheral. The High …

UNION OF INDIAversusPARMAL SINGH & ORS.

2008 INSC 1349Dismissed

The lands of Parmal Singh and others were requisitioned by the Central Government in 1963 under the Defence of India Act, 1962 and subsequently acquired in 1965. The Special Land Acquisition Officer fixed compensation, which the owners contested, leading to arbitration awards that included interest. …

TAMIL NADU ELECTRICITY BOARDversusM/S RASIPURAM TEXTILE (P) LTD. & ORS.

2008 INSC 1339Dismissed

The Tamil Nadu Electricity Board inspected Rasipuram Textile Mills and discovered alleged theft of electrical energy. Under Sections 39(1) and 44(1)(c) of the Electricity Act, 1910, the Board prosecuted the company and its directors. The trial court convicted the directors, but the appellate court …

RADHAKRISHNA MANI TRIPATHIversusL. H. PATEL & ANR.

2008 INSC 1332Dismissed

The Second Labour Court, Thane, passed an ex‑parte award on 12 June 1998 reinstating the workman RadhaKrishnan Mani Tripathi, which was published on 5 August 1998. Respondent No.1, who had not been served notice, learned of the award on 27 January 1999 and filed a petition within two days under Rule …

SHILPAversusABHINAV

2008 INSC 1333Disposed off

The Supreme Court considered Transfer Petition (C) No. 79 of 2008 filed by Shilpa seeking relief in a matrimonial dispute with her husband Abhinav. The matter was referred to the Supreme Court Lok Adalat, where the parties, together with their families, executed a joint settlement covering the …

MANGAL SINGH & ANR.versusKISHAN SINGH & ORS.

2008 INSC 1334Case Partly allowed

The case arose from an assault on Omkar Lal, who was attacked with pharsas and lathis by three accused. The trial court convicted all three under Section 307 IPC (attempt to murder) and sentenced them to five years’ rigorous imprisonment and a fine. The High Court acquitted one accused, altered the …

KILARI MALAKONDIAAH @ MALAYADRI & ORS.versusSTATE OF ANDHRA PRADESH

2008 INSC 1335Dismissed

The appellants, members of a political faction, assaulted the deceased with deadly weapons, causing his death, and injured three other persons. They were convicted under Sections 302 read with 34 and 307 read with 34 of the Indian Penal Code. On appeal they argued that the father of the deceased was …

MD. RAFIQUE @ CHACHUversusSTATE OF WEST BENGAL

2008 INSC 1336Dismissed

The appellant, MD Rafique, was charged with murder (Sec. 302 IPC) and voluntarily causing hurt (Sec. 398 IPC) for shooting the shop owner and assaulting his sons. The trial court convicted him on both counts; the Calcutta High Court upheld the murder conviction but set aside the 398 conviction. On …

BALDEV SINGH MANNversusSURJIT SINGH DHIMAN

2008 INSC 1337Dismissed

Baldev Singh Mann challenged the election of Surjit Singh Dhiman, alleging that Dhiman had procured assistance from gazetted officers for his campaign, constituting a corrupt practice under section 123(7) of the Representation of People Act, 1951. The High Court dismissed the petition, finding that …

ABHIMANYOO RAMversusSTATE OF U.P. & ANR.

2008 INSC 1331Appeal(s) allowed

The appellant, a medical officer candidate, obtained an interim order permitting him to appear for a recruitment interview after his registration was restored retrospectively. He later moved the High Court to dismiss his writ petition as not pressed, expecting only a simple dismissal. The High Court …

BALIRAM S/O IRRAPPA KAMBLEversusSTATE OF MAHARASHTRA

2008 INSC 1327Dismissed

Baliram, a Minimum Wages Inspector, demanded Rs 100 from Shivaji Padwal for dropping an action for not maintaining a service register. Padwal complained, and a trap was arranged using currency notes treated with anthracene powder and two independent witnesses. The treated notes were offered, …

STATE OF KARNATAKA & ORS.versusK. GOVINDAPPA & ANR.

2008 INSC 1328Dismissed

The State of Karnataka challenged the appointment of K. Govindappa as Lecturer in History in an aided private college, arguing that the post formed part of a larger cadre of lecturers and should be subject to the reservation roster. The college had six lecturer posts across different disciplines, …

SAMBHAJI & ORS.versusGANGABAI & ORS.

2008 INSC 1329Appeal(s) allowed

In a civil suit the defendants failed to file their written statement within the 90‑day period prescribed by Order 8 Rule 1 of the Code of Civil Procedure. The trial court refused to accept the belated statement, holding that the provision barred any extension. The defendants appealed; the High …

STATE OF TAMIL NADUversusKARUPPASAMY

2008 INSC 1330Appeal(s) allowed

The husband allegedly poured kerosene on his wife Kamalam, causing severe burns; she was taken to hospital where she gave a dying declaration implicating him. The trial court convicted the husband under Section 302 IPC based on the dying declaration, medical officer's report, and oral testimonies of …

MOORTHYversusSTATE OF TAMIL NADU

2008 INSC 1317Dismissed

The case arose from a land dispute in which the deceased, Murugan, was stabbed multiple times by accused Rathinam and Moorthy in a government hospital, sustaining twenty incised injuries that caused his death. Moorthy, the appellant, gave a statement under Section 313 of the CrPC claiming …

M/S. LAXMI RATTAN COTTON MILLS LTD.versusSTATE OF U.P. & ORS .

2008 INSC 1318Appeal(s) allowed

In 1980-81 Laxmi Rattan Cotton Mills Ltd. engaged six workers as trainee investigators on a stipend, expressly stating no obligation to appoint them thereafter. After training, the mill offered them clerk positions, which they accepted without protest and later made permanent. When the mill became …

HAMIDKHANversusASHABI & ORS.

2008 INSC 1319Case Partly allowed

The plaintiff, a lease‑holder of land and superstructure since 1951, entered into a sale agreement with a charitable trust on 26 February 1980, subject to permission from the Charity Commissioner under Section 36 of the Bombay Public Trust Act. The Commissioner initially ordered the property to be …

M/S G.P. CERAMICS PVT. LTD.versusCOMMISSIONER, TRADE TAX, UP.

2008 INSC 1320Appeal(s) allowed

G.P. Ceramics Pvt. Ltd. set up a new industrial unit on land allotted by the Uttar Pradesh State Industrial Development Corporation and began production with its first sale on 24‑Oct‑1992. It applied for trade‑tax exemption under Section 4‑A of the U.P. Trade Tax Act within six months, but the …

CORPORATION BANKversusM/S SARASWATI ABHARANSALA AND ANOTHER

2008 INSC 1321Appeal(s) allowed

Corporation Bank collected sales tax at 1% on gold bullion sold to a dealer between April and December 1999. A later notification (SRO No. 1075/99) reduced the tax rate to 0.5% with retrospective effect from 1 April 1999. The dealer claimed a refund of the excess tax, but the Assistant Commissioner …

HALEEMA ZUBAIR, TROPICAL TRADERSversusSTATE OF KERALA

2008 INSC 1322Appeal(s) allowed

Haleema Zubair, proprietor of two businesses – Tropical Traders (a dealer in ceramic tiles) and Poseidon Food Company (which rendered inspection and certification services to exporters) – was assessed under the Kerala General Sales Tax Act, 1963. The Assessing Authority added a commission of Rs …

PARAG CONSTRUCTIONversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1323Dismissed

Parag Construction and other appellants bought land in Borivali (Final Plots 22A, 228 and 22C) at a court auction in 1981 and later challenged the acquisition of that land by the arbitrator under the Maharashtra Regional Town Planning Act, 1966, arguing that they were not given notice and therefore …

GAURAV NAGPALversusSUMEDHA NAGPAL

2008 INSC 1324Dismissed

The father, Gaurav Nagpal, had retained custody of his minor child after allegedly kidnapping and confining the mother, Sumedha Nagpal, and repeatedly violating court orders. The mother filed an application under Section 6 of the Hindu Minority and Guardianship Act, 1956 and Section 25 of the …

VITHAL PUNDALIK ZENDGEversusST ATE OF MAHARASHTRA

2008 INSC 1325Dismissed

The appellant Vithal Pundalik Zendge and eight others were convicted of murder under IPC s.302 read with s.149 for the killing of the appellant's brother. The conviction was based primarily on the testimony of a single eyewitness, PW‑1, who was the sister of the deceased. The appellant challenged …

HINDUSTAN COPPER LTD.versusSTATE OF MADHYA PRADESH AND ORS.

2008 INSC 1326Appeal(s) allowed

Hindustan Copper Ltd., a government company engaged in open‑cast mining of copper ore and its subsequent processing into copper concentrate, challenged the levy of electricity duty under the Madhya Pradesh Electricity Duty Act, 1949. The Act’s Section 3 (Explanation (b)) defines a “mine” to include …

RADHEY SHYAMversusSTATE OF U.P.

2008 INSC 1309Dismissed

In 1978, landlord Ganga Prasad and his son Radhey Shyam allegedly threw acid on their tenant Badlu Ram, causing multiple burns. The trial court convicted the son under Section 326 of the Indian Penal Code, sentencing him to four years' rigorous imprisonment, while the father was acquitted; the High …

MOHD. ASHIQUEversusSTATE OF MAHARASHTRA

2008 INSC 1310Dismissed

The appellant, Mohd. Ashique, owned a truck that was confiscated by Maharashtra forest officials under Section 61A of the Indian Forest Act, 1927 for allegedly transporting illicitly felled timber. He challenged the confiscation, claiming he had no knowledge of any alterations in the transit passes …

KAMLA CHATURVEDIversusNATIONAL INSURANCE CO. & ORS.

2008 INSC 1311Case Partly allowed

The case concerned a claim for compensation under the Workmen's Compensation Act, 1923 where the Commissioner awarded Rs 2,21,370 with interest at 12% per annum and held the insurer, National Insurance Co., liable for payment. The insurer contended that, in the absence of an express contractual …

THE DIRECTOR OF ENTRY TAX & ORS.versusSUNRISE TIMBER COMPANY

2008 INSC 1312Disposed off

Sunrise Timber Company imported timber into the Calcutta Metropolitan Area without paying entry tax and allegedly used forged documents, leading the Revenue to seize documents and collect tax. The company filed an application under Section 8 of the West Bengal Taxation Tribunal Act, 1987 seeking a …

MOHMED AMIN @ AMIN CHOTELI RAHIM MIYAN SHAIKH & ANR.versusC.B.I THROUGH ITS DIRECTOR

2008 INSC 1313Dismissed

The Supreme Court examined the validity of confessions recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) in a murder‑conspiracy case. The appellants argued that their confessions were involuntary, obtained while in police custody, and later retracted, …

MUKUL SAIKIA & ORS.versusSTATE OF ASSAM & ORS.

2008 INSC 1314Dismissed

The Assam Public Service Commission advertised 27 Child Development Project Officer (CDPO) posts for direct recruitment and prepared a select list of 64 candidates, appointing the first 27. The appellants, whose names appeared below the appointed 27, challenged the regularisation of 18 privately …

HANUMAN PRASAD AND ORS.versusSTATE OF RAJASTHAN

2008 INSC 1315Appeal(s) allowed

The State of Rajasthan prosecuted eight accused for the rape of a school‑going girl, alleging that the accused had repeatedly abducted and assaulted her. While three of the accused were convicted at trial, the remaining five, including Hanuman Prasad, were acquitted. On appeal, the Rajasthan High …

M/S. ANDHRA AGENCIESversusSTATE OF A.P.

2008 INSC 1316Disposed off

The Supreme Court examined whether credit notes issued by liquor manufacturers to their distributors should be included in the distributors' taxable turnover under the Andhra Pradesh General Sales Tax Act, 1957. The distributors argued that the manufacturers had already paid tax on the full sale …

MUNICIPAL CORPORATION OF DELHIversusSHASHNAK STEEL INDUSTRIES (P) LTD.

2008 INSC 1306Dismissed

The Municipal Corporation of Delhi (MCD) sought to hold Shashnak Steel Industries liable for property tax under Section 120(1)(c) of the Delhi Municipal Corporation Act, 1957, alleging that a perpetual sub‑lease dated 20‑Feb‑1981 operated as a conveyance transferring leasehold rights to the …