Created by Fuzzy Cloud

Judgments of 2008

1505 judgments · newest first · showing 401–600

PAREENA SWARUPversusUNION OF INDIA

2008 INSC 1105Disposed off

Pareena Swarup filed a public interest writ under Article 32 challenging sections of the Prevention of Money Laundering Act, 2002 and its 2007 appointment rules, alleging that the selection of members and chairpersons of the Adjudicating Authorities and Appellate Tribunal by a committee headed by …

STATE OF KERALA & ANR.versusPROF. D. GOPALAKRISHNA PILLAI & ORS.

2008 INSC 1110Disposed off

The State of Kerala appealed against a Division Bench judgment of the Kerala High Court that dismissed its writ petition. The High Court had relied on a Full Bench decision in Accountant General v. Kunjamma, despite a stay order in that case before this Court. The appellant argued that the High …

SAJI GEEVARGHESEversusACCOUNTS OFFICER (TELEPHONE REVENUE) & ORS.

2008 INSC 1106Appeal(s) allowed

The appellant, a telephone subscriber, challenged three telephone bills that he alleged were excessive due to meter reading errors. The dispute was referred to statutory arbitration under Section 78 of the Telegraph Act, 1885, where the arbitrator allowed a modest rebate on only one bill and upheld …

RAM KUMAR AND ANR.versusSTATE OF RAJASTHAN AND ORS.

2008 INSC 1099Case Partly allowed

The appellants, Ram Kumar and others, were allotted land in lieu of land acquired from their father, but the District Collector later revoked the order and directed that the land be handed over to the District Education Officer. The appellants served a notice under Section 80 of the CPC on the State …

BALWANT SINGH AND ORS.versusSTATE OF H.P.

2008 INSC 1100Disposed off

The Supreme Court examined an appeal by Balwant Singh and others against their convictions under Sections 498A, 304B and 306 of the IPC for the death of Renu Bala. The Court clarified that Sections 304B (dowry death) and 498A (cruelty) are distinct offences; cruelty as defined in the Explanation to …

STATE OF HIMACHAL PRADESHversusMANOJ KUMAR @ CHHOTU

2008 INSC 1101Case Partly allowed

The State of Himachal Pradesh appealed the acquittal of Manoj Kumar, who was charged with rape, assault and criminal intimidation under Sections 376, 506 and 511 IPC. The trial court acquitted him on the basis of benefit of doubt, but the State sought leave to appeal under Section 378(3) of the …

BABY MANJI YAMADAversusUNION OF INDIA & ANR.

2008 INSC 1102Disposed off

The Supreme Court considered a writ petition filed by the grandmother of a surrogate child, Baby Manji Yamada, challenging directions of the Rajasthan High Court that dealt with the custody and production of the child. The child was born to a surrogate mother in Gujarat to Japanese biological …

STATE OF PUNJAB AND ANR.versusASHWANI KUMAR AND ORS.

2008 INSC 1103Appeal(s) allowed

The Supreme Court considered an appeal by the State of Punjab against a Punjab and Haryana High Court decision that had held ad‑hoc service of clerks should be counted for seniority. The respondents had been initially appointed on an ad‑hoc basis between 1978‑1987 and later regularized. The issue …

UNION OF INDIA AND ORS.versusM/S DHARAMENDRA TEXTILE PROCESSORS AND ORS.

2008 INSC 1098Disposed off

The Supreme Court examined whether Section 11AC of the Central Excise Act, 1944 imposes a mandatory penalty for short levy or non‑levy of duty and whether mens rea is an essential element. The Court held that the provision creates a civil liability for breach of a statutory obligation and the …

BUDHI LALversusSTATE OF UTTARAKHAND

2008 INSC 1092Case Partly allowed

Budhi Lal, who lived with two wives, was accused of murdering his second wife Jashu Devi on the night of 9‑10 August 1985. A guest, PW‑3, who was staying in the house that night, testified that he saw Budhi Lal sitting on the deceased's chest and assaulting her, and the accused admitted that he and …

BIHARI RAIversusSTATE OF BIHAR (NOW JHARKHAND)

2008 INSC 1093Dismissed

The appellant Bihari Rai was convicted for the death of Sadri Rai. The trial court found him guilty under Section 302 read with Section 34 IPC, while the High Court altered the conviction to Section 304 Part I, invoking Exception 4 to Section 300, and acquitted the co‑accused. On appeal, the …

U.P. STATE ELECTRICITY BOARDversusLAXMI KANT GUPTA

2008 INSC 1095Appeal(s) allowed

Laxmi Kant Gupta, a temporary employee of the U.P. State Electricity Board, was terminated in 1986 without compliance with Section 6-N of the U.P. Industrial Disputes Act, 1947. He raised the dispute only after a ten‑year delay, and the Labour Court ordered his reinstatement without back wages, …

DURGESH SHARMAversusJAYSHREE

2008 INSC 1096Disposed off

The husband filed a divorce petition under the Hindu Marriage Act in the Family Court at Ujjain. The wife applied to the Madhya Pradesh High Court under Section 23 of the Code of Civil Procedure (CPC) to have the case transferred to a court in Malegaon, Maharashtra, and the High Court ordered the …

PRABHA MATHUR & ANR.versusPRAMOD AGGARWAL & ORS.

2008 INSC 1097Disposed off

The complainants, Prabha Mathur & Anr., alleged that the respondents, Pramod Aggarwal & Ors., cheated them in a property sale and filed a criminal complaint under IPC sections 420, 467, 468, 471, 34 and 1208. The trial court dismissed the complaint as a civil matter, a decision affirmed by the …

ASLAM @ DEEWANversusSTATE OF RAJASTHAN

2008 INSC 1088Dismissed

The case involved a robbery on 24 April 2002 in which the victim, Nand Kishore, was assaulted with an iron rod and his bag was stolen. The accused, Aslam @ Deewan and Waseem @ Raju, were arrested after one of them provided information leading to the recovery of the stolen items and the weapon. The …

MANOJ & ANR.versusSTATE OF MADHYA PRADESH

2008 INSC 1090Disposed off

Manoj and Bijendra Singh, along with Ram Avatar, were convicted for voluntarily causing hurt with dangerous weapons under Section 324 IPC (originally under Section 307 IPC). The High Court altered the conviction to Section 324 IPC. The appellants sought to compound the offence with the complainant, …

STEEL AUTHORITY OF INDIA LTD. AND ANR.versusSTATE OF WEST BENGAL AND ORS.

2008 INSC 1091Appeal(s) allowed

The National Union of Water Front Workers sought regularisation of its members who were employed as contract labourers by a contractor of Steel Authority of India Ltd. (SAIL). The West Bengal Government issued a 1989 notification prohibiting contract labour and the Calcutta High Court directed SAIL …

STATE OF U.P.versusMUTAHIR MIAN

2008 INSC 1089Dismissed

The State of Uttar Pradesh charged Mutahir Mian with murder under Section 302 of the IPC. The trial court convicted him based on the prosecution's version that the accused stabbed the deceased thrice. On appeal, the Allahabad High Court acquitted him, finding that the FIR was not proved to have been …

STATE OF A.P.versusGUVVA SATYANARAYANA

2008 INSC 1084Dismissed

The deceased, Renuka, died from burns after an alleged incident where her husband doused her with kerosene. A dying declaration was recorded by a magistrate on the night of the incident, in which she accused her husband of the act. The trial court convicted the husband under Sections 302 (murder) …

MAN SINGH & ANR.versusSTATE OF M.P.

2008 INSC 1085Appeal(s) allowed

The appellants were convicted under several provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to twenty years' rigorous imprisonment. They appealed to the High Court, but the counsel appointed for them by the Legal Aid Committee failed to appear. The High Court, …

NAREN CHANDRA NASKARversusARUN BHATTACHARYA & ORS.

2008 INSC 1086Case Partly allowed

The appellant, Naren Chandra Naskar, challenged the registration of his sale deed, alleging forgery, after a criminal complaint was filed by the District Registrar. Both his deed and the respondent's deed were recorded with identical registration details, prompting the Calcutta High Court to order …

UNITED INDIA INSURANCE CO. LTD.versusRAKESH KUMAR ARORA & ORS.

2008 INSC 1087Appeal(s) allowed

A fatal road accident occurred on 5 February 1997 when a vehicle owned by the respondent was driven by Karan Arora, a 15‑year‑old who did not possess a valid driving licence. The deceased's family claimed compensation from United India Insurance Company, which denied liability on the ground that the …

SHAHU SHIKSHAN PRASARAK MANDAL AND ANR.versusLATA P. KORE & ORS.

2008 INSC 1073Appeal(s) allowed

Shahu Shikshan Prasarak Mandal & Anr. filed a writ petition under Article 226 of the Constitution challenging an order of an industrial tribunal, alleging arbitrariness, unreasonableness and perversity. The Bombay High Court Single Judge dismissed the petition as non‑maintainable, and the Division …

KETANKUMAR BABULAL PATELversusKESARBEN JESANGJI AND ORS.

2008 INSC 1074Disposed off

A complaint alleging that police refused to register an earlier FIR was filed before a Judicial Magistrate who ordered an inquiry under Section 202 of the Cr.P.C. The Gujarat High Court set aside that order and directed an inquiry under Section 156(3) Cr.P.C. The appellants challenged the High …

HEMAJI WAGHAJI JATversusBHIKHABHAI KHENGARBHAI HARIJAN & OTHERS

2008 INSC 1075Dismissed

Hemaji Wagahaji Jat filed a suit seeking a permanent injunction and declaration of ownership of land in Yavarpura, claiming title by adverse possession. The trial court erroneously held that he had acquired ownership through adverse possession and decreed in his favour. The District Judge and the …

COMMISSIONER OF INCOME TAX-IV, DELHIversusM/S HCL COM NET SYSTEMS & SERVICES LTD.

2008 INSC 1076Dismissed

The assessee, M/s HCL Com Net Systems & Services Ltd, for Assessment Year 1997-98, debited Rs 92,15,187 as bad debts in its profit and loss account. The Assessing Officer (AO) added this amount back to the book profit under clause (c) of the Explanation to section 115JA(2) of the Income‑Tax Act, …

SUBRAMANIAN SWAMYversusELECTION COMMISSION OF INDIA THROUGH ITS SECRETARY

2008 INSC 1077Dismissed

Subramanian Swamy, as president of the de‑recognised Janata Party, challenged Clause 10A of the Election Symbols (Reservation and Allotment) Order, 1968, which allows a six‑year grace period for a party that loses its recognised status to retain its exclusive symbol. He argued that the provision was …

COMMISSIONER OF CUSTOMS, NEW DELHIversusSONY INDIA LTD.

2008 INSC 1078Dismissed

Sony India Ltd. imported various components of colour televisions (CTV) under a duty‑free exemption notification. The Revenue issued a show‑cause notice alleging that Sony had evaded customs duty by misdeclaring completely knocked‑down (CKD) kits as mere components, thereby breaching the Exim Policy …

BANK OF INDIAversusM/S MEHTA BROTHERS & ORS.

2008 INSC 1079Appeal(s) allowed

The Bank of India sued Mehta Brothers (defendants 1‑5) and Deutsche Bank (defendant 6) for breach of an irrevocable Letter of Credit. The trial court passed an ex‑parte decree against defendant 6 and dismissed the suit against defendants 1‑5. Defendant 6 filed an application under Order 9 Rule 13 of …

M/S. SHAKTI BHOG FOODS LIMITEDversusKOLA SHIPPING LIMITED

2008 INSC 1081Dismissed

Shakti Bhog Foods Ltd (appellant) entered into a charter party with Kola Shipping Ltd (respondent) to load 13,500 MT of sorghum at Kakinada for shipment to Cotonou, but only 1,100 MT was loaded because the export order from Niger could not be obtained. A dispute arose over demurrage and …

K. ALEXversusDELHI STATE MINERAL DEV. CORPN.

2008 INSC 1082Appeal(s) allowed

The appellant, a driver appointed on a temporary basis in 1987 and regularized in 1989, was listed among 275 retrenched employees for redeployment under a corporate policy. While all other listed employees were redeployed in Delhi Administration or other undertakings, the corporation terminated the …

MAN BAHADURversusSTATE OF H.P.

2008 INSC 1083Appeal(s) allowed

Man Bahadur was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after a search was conducted without informing him of his statutory right to be searched before a gazetted officer or a magistrate as mandated by Section 50 of the Act. The search memo and other documents …

DEOKAR EXPORTS PVT. LTD.versusNEW INDIA ASSURANCE COMPANY LTD.

2008 INSC 1071Dismissed

Deokar Exports imported a dehydration machine financed by Maharashtra State Finance Corporation (MSFC) and insured it against fire for the period 12‑Sep‑1986 to 12‑Mar‑1988. After the policy expired, MSFC sent a cheque for renewal which the insurer received on 26‑Aug‑1988; the insurer later issued a …

BACHHAJ NAHARversusNILIMA MANDAL & ANR.

2008 INSC 1072Appeal(s) allowed

The plaintiffs filed a suit for declaration of title, possession and injunction over a narrow strip of land, claiming it formed part of their property purchased in 1962. The trial court held the strip was part of the plaintiffs' land and ordered the defendant to pay a nominal sum for the encroached …

PREMIYA @ PREM PRAKASHversusSTATE OF RAJASTHAN

2008 INSC 1067Appeal(s) allowed

The appellant Premia @ Prem Prakash was convicted of rape under Section 376 IPC and sentenced to seven years by the trial court, a decision upheld by the Rajasthan High Court. On appeal, the Supreme Court examined the evidence, noting that the victim described only "fondling" with no injury to her …

BASAVARAJA & ORS.versusSTATE OF KARNATAKA

2008 INSC 1066Appeal(s) allowed

The appellants, a family of five, were charged under Sections 302 and 34 of the IPC for allegedly pouring kerosene on the wife of one of them, setting her on fire and causing her death. The trial court acquitted them, finding the post‑mortem report of Dr PW‑7 showed death by asphyxia due to …

UNION OF INDIAversusY.S. SADHU, EX-INSPECTOR

2008 INSC 1068Case Partly allowed

Y.S. Sadhu, an ex‑Inspector, was dismissed on the basis of an enquiry report. The Gauhati High Court reinstated him without back wages, holding that the enquiry report had not been produced for cross‑examination. On appeal, the Supreme Court held that when an enquiry report is not furnished to the …

T. JAYAKUMARversusA. GOPU & ANR.

2008 INSC 1069Appeal(s) allowed

The case concerned the appointment of an Extra Departmental Branch Post Master. Respondent No.1 submitted an unsigned application within the deadline and a signed second application after the deadline. Although he was called for interview, the authority rejected both applications and appointed the …

STATE OF PUNJABversusKARNAIL SINGH

2008 INSC 1070Appeal(s) allowed

The respondent, Karnail Singh, was a Manager of the Punjab Agricultural Development Bank, a co‑operative bank. The trial court framed charges against him under sections 7 and 13(2) of the Prevention of Corruption Act, 1988, alleging he was a "public servant". He filed a criminal revision petition, …

PRAMOD KUMAR SAXENAversusUNION OF !NOIA & ORS.

2008 INSC 1061Case Partly allowed

Pramod Kumar Saxena, an under‑trial prisoner detained since August 1998 for alleged fraud and other offences in 48 cases across six states, filed a writ petition under Article 32 seeking release on bail, arguing that his prolonged detention violated his fundamental rights. The State argued that the …

DHIRENDRA PANDUAversusSTATE OF ORISSA AND ORS.

2008 INSC 1062Dismissed

The appellant, Dhirendra Pandua, was elected as a municipal councillor and chairperson in Orissa, but a fellow councillor filed an election petition under section 38 of the Orissa Municipality Act, 1950 alleging that Pandua was a leprosy patient and therefore disqualified under sections 16(1)(iv) …

DAULATRAM S/O SADRAM TELIversusSTATE OF CHHATTISGARH

2008 INSC 1063Dismissed

The appellant Daulatram was convicted of murder under Section 302 IPC and the SC/ST (Atrocities) Act, while a co-accused was acquitted. The prosecution relied on the testimony of two relatives of the deceased (PW‑3 and PW‑5) as eye‑witnesses. The appellant challenged the conviction on the ground …

UNION OF INDIAversusK.H. SRINIVASAN & ORS.

2008 INSC 1064Appeal(s) allowed

The Union of India appealed a Karnataka High Court order that directed the appointment of B. Kamalanabhan to the Indian Police Service (IPS) against a vacancy that arose in 1998, effective from 18‑01‑2000. The High Court had relied on the Supreme Court’s decisions in Syed Khalid and Vipinchandra …

STATE OF MAHARASHTRAversusSUJAY MANGESH POYAREKAR

2008 INSC 1065Appeal(s) allowed

The trial court acquitted Sujay Mangesh Poyarekar of offences under Sections 307 and 504 IPC, holding that the prosecution failed to prove the case beyond reasonable doubt. The State of Maharashtra filed an application under Section 378(3) of the Code of Criminal Procedure for leave to appeal the …

HAR SINGHversusSTATE OF UTTARAKHAND

2008 INSC 1054Dismissed

The appellants were accused of murdering Bhupal Singh after a dispute over gambling winnings. The prosecution alleged that the accused followed the deceased, assaulted him, and that he was killed shortly thereafter, with his body later recovered at the instance of accused Mohan Singh. The trial …

BALMIKI SINGHversusRAM CHANDER SINGH AND ORS.

2008 INSC 1055Dismissed

The informant, Balmiki Singh, alleged that on 11 August 1992 he was shot by Ram Chander Singh and others, resulting in injuries to his chest. The FIR was lodged two days later on 13 August 1992, and the investigating officer was not examined during trial. The trial court convicted the accused under …

STATE REP. BY INSPECTOR OF POLICE, TIRUCHYversusRETTAIMANDAIYAN @ MURUGAN

2008 INSC 1056Appeal(s) allowed

The case arose from the murder of Mathappan after a quarrel, where several accused were alleged to have attacked him and his family. The trial court convicted the accused based on the testimony of two eye‑witnesses (the deceased’s wife and daughter) and a dying declaration recorded by a …

NATIONAL INSURANCE CO. LTD.versusM/S. BOGHARA POLYFAB PVT. LTD.

2008 INSC 1057Dismissed

The Supreme Court examined whether an insurance dispute could be referred to arbitration after the insured had executed an undated full‑and‑final discharge voucher. The insured claimed the voucher was signed under coercion and that the insurer had conditioned payment on its execution. The Court held …

DISTRICT PROGRAMME CO-OORDINATOR, MAHILA SAMKHYA AND ANR.versusABDUL KAREEM AND ANR.

2008 INSC 1058Appeal(s) allowed

Mahila Samkhya, a Karnataka society, hired Abdul Kareem as a driver on a fixed‑term contract that was renewed for the period 1 November 1997 to 31 October 1999. The society terminated his services on 3 July 1998 invoking clause XIV of his appointment letter, alleging misconduct. The Labour Court …

THE STATE OF PUNJAB & ORS.versusPREM SARUP

2008 INSC 1059Dismissed

Constable Prem Sarup was convicted under Section 170 IPC for an offence in 1974, but the conviction was set aside in 1979 because the principal prosecution witnesses turned hostile. The Punjab Police nevertheless initiated disciplinary proceedings under Rule 16.3(1)(b) of the Punjab Police Rules, …

KERALA STATE ELECTRICITY BOARDversusMR. SARATCHANDRAN P. & ANR.

2008 INSC 1060Appeal(s) allowed

The Kerala State Electricity Board (KSEB) maintained two separate services, the General Establishment and the Board Secretariat Service. Two employees of the Secretariat Service, S.G. Rajappan and L. Radhadevi, received out‑of‑turn promotions that were later declared illegal. The senior employee in …

NATIONAL INSURANCE CO. LTD.versusVIDHYADHAR MAHARIWALA & ORS.

2008 INSC 1052Appeal(s) allowed

The case concerned a motor accident on 11 June 2004 in which the driver’s licence had lapsed at the time of the crash. The Motor Accident Claims Tribunal awarded Rs.4,03,650 to the claimant, but the insurer, National Insurance Co., refused to pay, arguing that the driver was not holding a valid …

STATE OF M.P. & ORS.versusLALIT JAGGI

2008 INSC 1053Appeal(s) allowed

The State of Madhya Pradesh issued a Liquor Policy for 2005‑06 containing clauses that required retailers to pay the annual licence fee in 24 fortnightly instalments and allowed revocation of the licence for default. A circular clarified that liquor would only be supplied against such deposits. The …

K.M. MISHRAversusCENTRAL BANK OF INDIA & ORS.

2008 INSC 1045Dismissed

K.M. Mishra, an officer of the Central Bank of India, challenged the promotion of another officer (Respondent No.5) to Senior Management Grade Scale IV, alleging that the promoted officer lacked the required educational qualifications and that Mishra's own performance appraisal ratings for 1995-96 …

LAKHWANT SINGHversusJASBIR SINGH AND ORS.

2008 INSC 1046Appeal(s) allowed

The respondents were charged with theft for allegedly taking possession of a complainant's land while executing a warrant of possession. They filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the FIR. The Punjab and Haryana High Court, without …

AJIT SINGH & ANR.versusJIT RAM & ANR.

2008 INSC 1047Appeal(s) allowed

The appellants, a father and his son who became the landlord of a shop after a family partition, filed an eviction petition against the respondents for sub‑letting, non‑payment of rent and personal requirement. The Rent Controller allowed eviction only on the sub‑letting ground; the Appellate …

COMMISSIONER OF INCOME TAX, MADRASversusPONNI SUGARS & CHEMICALS LTD.

2008 INSC 1048Case Partly allowed

The Supreme Court examined whether incentive subsidies received by Ponni Sugars & Chemicals Ltd. under various government schemes were capital or revenue receipts, whether the company could claim exemption under Section 80P(2)(a)(i) for interest earned from cooperative society members, and whether …

UNION OF INDIAversusRANU BHANDARI

2008 INSC 1049Dismissed

Sanjay Bhandari was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged misuse of Export Promotion Capital Goods licences and smuggling of imported vehicles. His wife, Ranu Bhandari, filed a habeas corpus …

STATE BY INSPECTOR OF POLICE, TAMILNADUversusN. RAJAMANICKAM AND ORS.

2008 INSC 1050Dismissed

The State appealed a Madras High Court judgment that acquitted several accused in a murder case and dismissed a revision petition filed by the informant. The trial court had convicted six of the sixteen accused, but the High Court set aside those convictions, citing a delayed receipt of the FIR and …

LALLIRAM AND ANR.versusSTATE OF M.P.

2008 INSC 1035Appeal(s) allowed

The appellants were charged with kidnapping, wrongful confinement and repeated rape of the prosecutrix on the night of 23 September 1985. The prosecutrix alleged that she was dragged, repeatedly raped by several accused and released the next morning, while her husband was beaten and locked in a …

UNION OF INDIA & ORS.versusDEO NARAIN & ORS.

2008 INSC 1036Appeal(s) allowed

The respondents, originally appointed as Lower Division Clerks (LDCs), voluntarily transferred on compassionate grounds to another collectorate in 1992 and were placed at the bottom of the seniority list as per the Government of India's May 20, 1980 policy. Because of this low seniority they were …

BHARAT SANCHAR NIGAM LTD. & ANR.versusMOTOROLA INDIA PVT. LTD.

2008 INSC 1038Dismissed

The appellant BSNL awarded a turnkey tender to Motorola and later imposed liquidated damages under clause 16.2 of the tender for alleged delay in delivery. Motorola contested the levy, invoking the arbitration clause, while BSNL claimed the matter was an "excepted matter" under clause 20.1 and …

K.V. SUDHARSHANversusA. RAMAKRISHNAPPA & ORS.

2008 INSC 1039Appeal(s) allowed

The appellant, son of the second respondent, sought partition of the joint family property that included inam lands granted to the eldest son (respondent No.1) after the death of their father, who had been the Archak of a temple. The lower courts dismissed the suit, holding that a prior partition …

K. PUTTARAJUversusA. HANUMEGOWDA

2008 INSC 1040Disposed off

The respondent, a senior citizen, filed an eviction suit under Section 27(2)(r) of the Karnataka Rent Act, 1999, claiming bonafide requirement for a shop to accommodate his handicapped son. After the trial evidence was recorded, he amended the petition to invoke Section 31, a special provision for …

MARANADU AND ANR.versusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 1034Dismissed

The case involved six accused who, armed with weapons and bombs, formed an unlawful assembly and murdered Sundaram. The trial court convicted them under Sections 147, 148, 149, 302, 307 IPC and Section 9(b)(1)(b) of the Indian Explosives Act, relying heavily on the testimony of two eyewitnesses who …

UNION OF INDIA & ANR.versusSHREEJI COLOUR CHEM INDUSTRIES

2008 INSC 1041Case Partly allowed

Shreeji Colour Chem Industries sought a refund of excise duty under the Central Excise Act, 1944, which was repeatedly rejected before being allowed by the Customs Excise and Gold Control Appellate Tribunal. The assessee then applied for statutory interest on the delayed refund, and the Gujarat High …

TUKURAM MARUTI CHAVANversusMARUTI NARAYAN CHAVAN (DEAD) BY L.RS. & ORS.

2008 INSC 1042Dismissed

The dispute concerned a tenant (the appellant) who cultivated agricultural land originally owned by a widow, Smt. Narmadabai, and later claimed ownership under the Bombay Tenancy and Agricultural Lands Act, 1984. After the widow's death, the tenant initiated proceedings under Section 32G to purchase …

THE COLLECTOR, LAND ACQUISITION AND ANR.versusJASWANT SINGH AND ORS.

2008 INSC 1043Appeal(s) allowed

The Collector, Land Acquisition & Anr. appealed a High Court order that dismissed a revision petition challenging an executing court's award of interest on solatium to land owners. The petitioners argued that the reference court had categorically held that no interest was payable on solatium, so the …

C. KRISHNAN AND ORS.versusKISTAMMAL AND ORS.

2008 INSC 1044Disposed off

The case concerned a family dispute over the division of ancestral property, split into items 1‑9 and item 10. The trial court decreed the suit, granting declaration and injunction, and the first appellate court affirmed the decree. The respondents filed a second appeal before the Madras High Court, …

RANJIT SINGHversusSTATE OF HARYANA

2008 INSC 1030Dismissed

In 1993 Ranjit Singh, then about 17 years old, was convicted of murder and related offences under the IPC and sentenced to life imprisonment. He appealed, contending that he was a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 and that Section 20 of that Act should …

VEERU DEVGANversusSTATE OF TAMIL NADU & ANR.

2008 INSC 1031Appeal(s) allowed

Veeru Devgan, a film producer, obtained permission to shoot a film in a reserve forest in Ooty and entered into an agreement with the District Forest Officer. The State later cancelled the licence alleging damage to grasslands, but the High Court set aside the cancellation, finding no breach or …

SHAMSHAD AHMAD & ORS.versusTILAK RAJ BAJAJ (DECEASED) THROUGH LRS. & ORS.

2008 INSC 1032Appeal(s) allowed

The landlords, owners of a shop in Dehradun, sought eviction of the tenant under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide requirement to run a readymade garment business by the retired husband Matloob Ahmad and …

U.P. POWER CORPORATION LTD.versusAYODHYA PRASAD MISHRA AND ANR.

2008 INSC 1033Dismissed

The writ petitioners, Ayodhya Prasad Mishra and another, were Executive Engineers who, after scoring the highest marks, were placed in Category I under the Uttar Pradesh State Electricity Board Service of Engineers Regulations, 1970, and sought promotion to Superintending Engineer. The Corporation …

INSPECTOR OF POLICE, TAMIL NADUversusMUTHUSAMY AND ANR.

2008 INSC 1027Dismissed

The deceased was alleged to have been throttled and poisoned by his father and brother, who were the accused. The forensic laboratory report found no poison, leading the prosecution to abandon the poison allegation and rely on purported extra‑judicial confessions for conviction under IPC s.302 read …

GLAXO SMITH KLINE PLC AND ORS.versusCONTROLLER OF PATENTS & DESIGNS AND ORS.

2008 INSC 1028Appeal(s) allowed

Glaxo Smith Kline PLC and others applied for a patent and an Exclusive Marketing Right (EMR) in 1998‑2000. The Controller of Patents rejected the EMR in 2002; the applicants filed writ petitions and a Calcutta High Court Single Judge set aside the rejection and remanded the matter. The Controller …

UNION OF INDIA AND ANR.versusSPS VAINS (RETD.) AND ORS.

2008 INSC 1025Dismissed

The case concerned a disparity in pension benefits between Major Generals (and equivalent ranks) who retired before 1 January 1996 and those who retired after, due to the Fifth Central Pay Commission's revision of pay scales. The respondents argued that the cut‑off date created an arbitrary …

STATE OF U.P.versusAWDHESH

2008 INSC 1024Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Awdhesh, who had been convicted for dacoity under Section 396 IPC. The trial court had sentenced him to life imprisonment, but the High Court set aside the conviction, citing inconsistencies in the prosecution's evidence and …

SOUTH KONKAN DISTILLERIES & ANR.versusPRABHAKAR GAJANAN NAIK & ORS.

2008 INSC 1026Dismissed

In a suit for dissolution of a partnership, the defendants filed a written statement on 17 June 1987 with a counter‑claim of Rs.52 lakhs. Thirteen and a half years later, in 2000, they sought to amend the written statement and increase the claim to Rs.8.53 crore, alleging daily losses of Rs.20,000 …

MAHATAMA GANDHI UNIVERSITY & ANR.versusGIS JOSE & ORS.

2008 INSC 1020Appeal(s) allowed

The respondent secured only 53.3% marks, below the university's 55% cut‑off, yet was admitted to the M.Sc. Computer Science programme. The university’s Controller of Examinations directed the college to cancel her admission and reject her examination applications, but the principal allowed her to …

COMMISSIONER OF CENTRAL EXCISE, DELHIversusISHAAN RESEARCH LAB (P) LTD. & ORS.

2008 INSC 1021Dismissed

The Revenue challenged the Customs, Excise and Gold (Control) Appellate Tribunal’s finding that 22 products of Ishan Research Lab were Ayurvedic medicines under Chapter 30 of the Central Excise Tariff, liable to 10% duty, rather than cosmetics under Chapter 33 at 40% duty. The Court examined whether …

UNION OF INDIA & ORS.versusPRIYANKAN SHARAN AND ANR.

2008 INSC 1022Dismissed

The petitioners, who had taken admission to the Armed Forces Medical College on a service bond, were declared medically unfit (Non‑Service Liability) under Clause 4(a) of the bond. The bond required payment of a specified amount under Clause 6 unless the proviso to Clause 4(a) applied, which …

JOGINDER @ JINDIversusSTATE OF HARYANA

2008 INSC 1023Disposed off

Joginder was charged with alleged bailable offences and filed a petition under Section 438 of the Code of Criminal Procedure seeking pre‑arrest bail. The High Court ordered his custodial interrogation, treating the petition as valid. The Supreme Court held that Section 438 applies only to …

RAVIversusSTATE REP. BY INSPECTOR OF POLICE

2008 INSC 1016Dismissed

The appellants were convicted of murder under Section 302 IPC for the killing of Albert Walter, based primarily on the testimony of PW‑1, the deceased's brother, who identified the accused and asserted that sufficient street lighting enabled him to see the incident. The appellants challenged the …

SOORARAM PRATAP REDDY & ORS.versusDISTRICT COLLECTOR, RANGA REDDY DISTT. & ORS.

2008 INSC 1017Dismissed

The Government of Andhra Pradesh acquired a large tract of land in Hyderabad for an integrated infrastructure project, the Financial District, to be implemented by the state nodal agency APllC in partnership with a private company, Emaar. Small landowners challenged the acquisition, alleging it was …

FAKHRUDDIN AHMADversusSTATE OF UTTARANCHAL AND ANR.

2008 INSC 1018Disposed off

The appellant, a poultry farmer, was accused by a complainant of forging a cheque and was charged under IPC sections 420, 467, 468 and 471. The complainant claimed the cheque was a blank cheque misplaced by a third party, while the appellant alleged the cheque was fraudulently used. The Judicial …

SHIVAJI @ DADYA SHANKAR ALHATversusTHE STATE OF MAHARASHTRA

2008 INSC 1019Dismissed

The appellant, Shivaji @ Dadya Shankar Alhat, was convicted of raping and murdering a nine‑year‑old girl and sentenced to death under Sections 302 and 376(2)(5) IPC. The prosecution case rested entirely on circumstantial evidence, including eyewitnesses who saw the accused with the victim, the …

V.K. SRIVASTAVA & ORS.versusGOVT. OF U.P. & ANR.

2008 INSC 1013Disposed off

The petitioners, members of the Uttar Pradesh Judicial Service, challenged the retrospective application of the Uttar Pradesh Higher Judicial Service Rules, 1953 (amended 2007) which altered the promotion and recruitment ratios for the Higher Judicial Service. They argued that vacancies that arose …

JAYANT ACHYUT SATHEversusJOSEPH BAIN DSOUZA AND ORS.

2008 INSC 1014Appeal(s) allowed

The petitioners filed a writ petition challenging the amendment of Regulation 33(7) of the Development Control Regulations, 1991 (Greater Mumbai), alleging that it was being misused to demolish privately owned, sound pre‑1940 buildings and that the regulation imposed unreasonable side‑space …

STATE OF WEST BENGALversusSHYAMADAS BANERJEE & ANOTHER

2008 INSC 1009Dismissed

The case concerned Shyamadas Banerjee, a sitting MLA who was alleged to have forged medical bills in 1999. Although the offence was committed while he was an MLA, he ceased to be a member of the State Legislature in July 2000, long before a charge‑sheet was filed in 2003 and cognizance was taken by …

CAMLIN LIMITEDversusCOMMNR. OF CENTRAL EXCISE, MUMBAI

2008 INSC 1010Disposed off

Camlin Limited manufactures various inks, including marker inks and other inks used in pens. The Central Excise Tariff classifies "writing inks" under CSH 3215.10 (nil duty) and "other inks" under CSH 3215.90 (16% duty). The Tribunal, relying on the Harmonised System of Nomenclature (HSN), placed …

KAMAL KRISHAN RASTOGI & ORS.versusSTATE OF BIHAR & ANR.

2008 INSC 1012Appeal(s) allowed

The Collector of Bihar reopened a land‑ceiling proceeding under Section 45‑B of the Bihar Land Reforms Act without giving notice or a hearing to the land‑holder, Sarju Madhav Rastogi. The proceeding was transferred to the Additional Collector, who after a brief appearance by the deceased …

V.N. BHARATversusD.D.A. AND ANR.

2008 INSC 1003Appeal(s) allowed

The appellant applied for a self‑financing flat under a Delhi Development Authority scheme, paid the first four instalments and was allotted a flat. The DOA issued a show‑cause notice for non‑payment of the fifth instalment and claimed that a demand letter dated 11‑Sept‑1996 had been served, …

STATE REP. BY D.S.P., S.B. C.L.D., CHENNAIversusK.V. RAJENDRAN & ORS.

2008 INSC 1005Case Partly allowed

The respondents filed a criminal petition under Section 482 CrPC seeking transfer of a state police investigation to the CBI. The Madras High Court dismissed the petition in 2001, refusing the transfer. After three years, the DSP of SBCID filed an application in the same disposed petition seeking to …

MADAN KISHOREversusMAJOR SUDHIR SEWAL AND ORS.

2008 INSC 1006Dismissed

The appellant, Madan Kishore, claimed that as a sub‑tenant he was entitled to acquire proprietary rights over land under the Himachal Pradesh Abolition of Big Landed Estates and Reforms Act, 1953, and that a Compensation Officer had validly conferred such rights on him. The Supreme Court examined …

COMMISSIONER OF INCOME TAX, DEHRADHUN & ANR.versusENRON OIL & GAS INDIA LTD.

2008 INSC 1007Dismissed

Enron Oil & Gas India Ltd (EOGIL), a foreign company and operator under a Production Sharing Contract (PSC) with the Government of India, claimed foreign exchange losses arising from currency translation of cash calls and expenses in its profit and loss account for AY 1999‑2000. The Assessing …

SUPRI ADVERTISING & ENTERTAINMENT PVT. LTD.versusDR. ANAHITA PANDOLE & ORS.

2008 INSC 1008Appeal(s) allowed

Dr. Anahita Pandole filed a writ petition challenging the Mumbai Municipal Corporation's permission to advertising agencies for displaying mobile hoarding advertisements, alleging traffic hazards, environmental damage and harm to heritage buildings. The Bombay High Court directed that such mobile …

STATE OF MAHARASHTRAversusBHARAT SHANTI LAL SHAH & ORS.

2008 INSC 1001Case Partly allowed

The State of Maharashtra appealed against a Bombay High Court judgment that had struck down sections 13‑16 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) and the words “or under any other Act” in section 21(5) as unconstitutional. The Supreme Court examined whether the State could …

GOPI KRISHNA TRIVEDIversusSUDAMA PRASAD OJHA

2008 INSC 1002Dismissed

In a suit for specific performance of a sale of immovable property, the parties entered into an oral agreement and later produced a written document containing the terms and conditions of that agreement along with rent receipts. The trial court refused to impound the documents, holding they were not …

RAJIV ARORAversusUNION OF INDIA & ORS.

2008 INSC 990Case Partly allowed

Rajiv Arora, a commissioned officer of the Indian Air Force, applied for premature retirement and received a good conduct certificate, but a disciplinary proceeding was later initiated against him with seven charges. A General Court Martial was convened, but the witnesses for the first three charges …

JAMMU RURAL BANKversusMOHD. DIN AND ORS.

2008 INSC 991Dismissed

The borrowers, residing in Jammu & Kashmir, had taken small loans (mostly under Rs 10,000) from Jammu Rural Bank and Jammu & Kashmir Bank to purchase sheep and buffaloes and to set up dairy units. While suits for recovery were pending, the Government of India introduced a Debt Relief Scheme waiving …

NATIONAL INSURANCE CO. LTD.versusABHAYSING PRATAPSING WAGHELA AND ORS.

2008 INSC 992Dismissed

The first respondent, a third‑party rider, suffered severe injuries when a truck insured by National Insurance Co. Ltd. (the appellant) collided with his vehicle. A cheque for the vehicle's premium was tendered before the accident but was later dishonoured; nevertheless, the insurer issued a cover …

CHIEF EXECUTIVE OFFICER, N.S.S.O. & ORS.versusBISWA BHUSAN NANDI

2008 INSC 993Dismissed

The case concerned a matriculate ex‑serviceman with over 15 years of defence service who applied for a Group‑C Data Entry Operator post where the essential qualification was graduation with mathematics or statistics. Under a 1986 DOPT notification and Rule 6 of the Ex‑Servicemen (Re‑employment) …

K. VILASINI & ORS.versusEDWIN PERIERA & ORS.

2008 INSC 994Dismissed

The appellants (mortgagees) challenged a High Court order that had extended time for the mortgagor to deposit the amount representing the value of improvements on mortgaged property. The trial court had repeatedly extended the deadline under Order XXXIV Rule 5 of the CPC, and the mortgagor …

MANJUL SRIVASTAVAversusGOVT. OF U.P. & ORS.

2008 INSC 995Case Partly allowed

Manjul Srivastava applied for a residential plot in the Ghaziabad Development Authority's 1988 housing scheme, paid the full amount and received a reservation letter, but after nine years was informed she had not been allotted a plot and was offered a refund with 5% interest. She claimed the …

KUNNASHADA MUTHUKOYAversusADMINISTRATOR U.T. OF LAKSHADWEEP AND ANR.

2008 INSC 996Dismissed

The appellant, a lineman in the Lakshadweep Electricity Department, claimed a higher pay scale after the Fourth Pay Commission because his post was classified as Group C. The Central Administrative Tribunal had granted his claim, but the High Court set it aside, relying on Union of India v. P.V. …

STATE OF PUNJABversusRAKESH KUMAR

2008 INSC 997Case Partly allowed

The accused, Rakesh Kumar, was convicted under Sections 366 and 376 of the Indian Penal Code for kidnapping and rape of a girl who was under sixteen years of age. The trial court sentenced him to three years rigorous imprisonment for the kidnapping and seven years for the rape; the Punjab and …

HARI SINGH GONDversusSTATE OF M.P.

2008 INSC 998Dismissed

Hari Singh Gond was convicted of murder and related offences for beating his father‑in‑law, Harilal Gond, and setting fire to the house, resulting in the victim's death. The appellant claimed protection under Section 84 of the Indian Penal Code, asserting that he was of unsound mind at the time of …

BHOLU RAMversusSTATE OF PUNJAB & ANR.

2008 INSC 999Appeal(s) allowed

The appellant, Bholu Ram, a clerk in a government school, was charged with forgery and cheating under IPC sections 409, 420, 467, 468 and 471. During trial he applied under CrPC s.319 to add the headmaster, Sher Singh, as an accused and the magistrate issued summons. The headmaster sought to recall …

RAJU RAMSING VASAVEversusMAHESH DEORAO BHIVAPURKAR & ORS.

2008 INSC 1000Appeal(s) allowed

The appellant, a co‑employee of Mahesh Deorao Bhivapurkar, challenged a High Court order that had declared Bhivapurkar a member of the Halba Scheduled Tribe and directed the employer to accept his caste certificate. The Supreme Court held that the High Court's decision was unsustainable, did not …

N.D.M.C. & ORS.versusMIS TANVI TRADING & CREDIT PVT. LTD. & ORS.

2008 INSC 986Appeal(s) allowed

The respondents sought sanction for a two‑and‑a‑half‑storey building with 15 dwelling units on a plot in the Lutyens' Bungalow Zone (LBZ) of Delhi. The New Delhi Municipal Council (NDMC) rejected the plans, citing violation of LBZ guidelines dated 8 February 1988 issued by the Ministry of Urban …

STATE OF U.P.versusMUNSHI

2008 INSC 989Appeal(s) allowed

The trial court convicted two accused under Sections 363, 366 and 376 of the Indian Penal Code for raping a girl aged about 17 years. The Allahabad High Court set aside the conviction, acquitting the accused on the basis that the girl was a consenting adult and that there was no reliable evidence of …

STATE OF U.P.versusRAJA @ JALIL

2008 INSC 987Dismissed

The State of Uttar Pradesh alleged that the accused, Raja (also known as Jalil), abducted an 11‑year‑old girl, attempted to rape her and subsequently killed her. The trial court convicted him under IPC sections 302, 376 and 511, relying on circumstantial evidence and an alleged extra‑judicial …

STATE OF H.P.versusSURESH KUMAR @ CHHOTU

2008 INSC 984Dismissed

The trial court convicted Suresh Kumar (Chhotu) under Sections 363, 366, 368 and 376 of the IPC for kidnapping and rape of a girl, sentencing him to seven years' rigorous imprisonment. On appeal, the Himachal Pradesh High Court acquitted him, holding that the victim was over sixteen years of age and …

STATE OF M.P.versusMUNNIBAI & ANR.

2008 INSC 985Dismissed

The State of Madhya Pradesh charged Munni Bai and others with murder and culpable homicide by poisoning under Sections 302, 328 and 34 of the Indian Penal Code. The trial court convicted them based largely on the testimony of Munni Bai, who claimed the poison was mixed in a halua she had tasted. On …

STATE OF HIMACHAL PRADESHversusSARDARA SINGH

2008 INSC 983Appeal(s) allowed

Sardara Singh was acquitted by the trial court of offences under Section 15 of the NDPS Act. The State of Himachal Pradesh filed an application under Section 378(3) of the CrPC seeking leave to appeal the acquittal. The Himachal Pradesh High Court dismissed the application summarily with a one‑word …

CHATTAR SINGH AND ANR.versusSTATE OF HARYANA

2008 INSC 977Case Partly allowed

Chattar Singh (husband) and his father‑in‑law Mange Ram were convicted for the murder of Guddi and her infant daughter Poonam, whose bodies were found in a well. The prosecution relied on circumstantial evidence, the "last seen" theory, post‑mortem findings of smothering, and extra‑judicial …

DELHI DEVELOPMENT AUTHORITYversusM/S R.S. SHARMA & CO., NEW DELHI

2008 INSC 978Appeal(s) allowed

The Delhi Development Authority (DOA) entered into a development contract with M/s R.S. Sharma & Co., which later disputed extra cartage charges for stone brought from Nooh, Haryana. The arbitrator awarded the contractor extra rates of Rs.30 per cubic metre, ignoring clause 3.16 of the contract that …

SHANTIDEVI KAMALESHKUMAR YADAVversusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 979Disposed off

The appellant challenged the conduct of the Caste Scrutiny Committee, which after closing the hearing for orders, called the Caste Certificate Register for inspection on 28‑10‑2003 and recorded statements of a Tehsildar representative on 7‑11‑2003 without giving any notice to the appellant. The High …

M.K. PALIA & SONS PVT. LTD.versusMUMBAI MUNICIPAL CORPORATION & ANOTHER

2008 INSC 980Dismissed

M.K. Palia & Sons Pvt. Ltd., a lessee of the Mumbai Port Trust, filed a writ petition in 2005 challenging the rateable value of its commercial premises that had been revised in 1984‑85 from Rs.20,100 to Rs.25,645 per annum. The appellant argued that the increase was excessive and relied on the …

RAJ HOMES PVT. LTD. & ANOTHERversusSTATE OF MADHYA PRADESH & OTHERS

2008 INSC 981Dismissed

Raj Homes Pvt. Ltd. and another challenged the Madhya Pradesh Government’s Rule 14, which imposes a flat-rate premium on agricultural land diverted to non‑agricultural use, alleging that the rule exceeds the powers granted under sections 59(5) and 258(iii) of the Madhya Pradesh Land Revenue Code and …

STATE OF ANDHRA PRADESH ORS.versusLARSEN AND TOURBO LTD. AND ORS.

2008 INSC 982Dismissed

Larsen & Toubro Ltd. (L&T) executed works contracts in Andhra Pradesh and subcontracted portions to registered VAT dealers. The State of Andhra Pradesh assessed tax on L&T by adding the turnover of the subcontractors, treating the arrangement as two deemed sales – one from the subcontractor to L&T …

GREAT OFFSHORE LTD.versusIRANIAN OFFSHORE ENGINEERING & CONSTRUCTION COMPANY

2008 INSC 975Appeal(s) allowed

Great Offshore Ltd. filed an arbitration petition asserting that a charter party agreement (CPA) faxed on 22 August 2005 contained a valid arbitration clause. Iranian Offshore Engineering & Construction Co. contested the existence of a binding contract, alleging the faxed CPA was a forged copy, …

GENERAL INSTRUMENTS COMPANYversusUNION OF INDIA & ORS.

2008 INSC 967Case Partly allowed

The appellant, a partnership firm, was awarded a government contract and obtained a Special Imprest Licence (SIL) to import raw materials duty‑free, subject to a bond and an export obligation. After fulfilling the export obligation, the licensing authority issued a forfeiture order, enforced a bond …

MD. ABDUL SUFAN LASKAR AND ORS.versusSTATE OF ASSAM

2008 INSC 968Appeal(s) allowed

The appellants were convicted under Sections 147 and 324 of the IPC for attacking Abdul Haque Laskar with deadly weapons in 1995. After the convictions, the parties entered into an amicable settlement and sought to compound the offences. The issue before the Supreme Court was whether the offence …

GENERAL MANAGER, STATE BANK OF INDIA & ORS.versusANJU JAIN

2008 INSC 970Appeal(s) allowed

The widow of a State Bank of India employee applied for a compassionate appointment after her husband, who had been found guilty of gross misconduct and punished, died in service. The bank rejected her claim, citing a clause in its compassionate appointment scheme that excludes dependents of …

BASUDEO YADAVversusSURENDRA YADAV & ORS.

2008 INSC 971Appeal(s) allowed

The case concerns the murder of Vyasdeo Yadav, who was allegedly dragged and shot by a group of armed men. The trial court convicted the accused under sections 364 r/w 302, 302 r/w 149, 201 and 148 IPC, but the Patna High Court acquitted them, holding that identification was impossible and that …

GOONDLA VENKATESWARLUversusSTATE OF A.P. AND ANR.

2008 INSC 972Appeal(s) allowed

The Assistant Commissioner of Commercial Taxes, GOONDLA VENKATESWARLU, inspected a business premises and later faced a criminal complaint alleging forcible seizure of books and extortion under IPC sections 448, 380, 384 and 506. The complaint was challenged on the ground that Section 37 of the …

KRANTIKARI SURAKSHA RAKSHAK SANGHATANAversusBHARAT SANCHAR NIGAM LTD. AND ORS .

2008 INSC 965Dismissed

The Supreme Court examined whether a security guard allotted by the Maharashtra Private Security Guards Board to a principal employer becomes the employee of that employer, thereby stripping the Board of its power to recall, re‑allot or transfer the guard. The petitioners, trade unions, argued that …

M/S INDTEL TECHNICAL SERVICES PVT. LTD.versusW.S. ATKINS RAIL LTD.

2008 INSC 976Case Allowed

M/s. Indtel Technical Services Pvt. Ltd. and W.S. Atkins Rail Ltd. entered into a Memorandum of Understanding on 11 June 2002 to jointly prepare a tender for the Indian Railways Crashworthiness Project. The respondent unilaterally terminated the MoU and withdrew the joint bid, leading the applicant …

B. VENKAT SWAMYversusVIJAYA NEHRU AND ANR.

2008 INSC 966Dismissed

The father of a deceased woman appealed against the acquittal of her husband and his mother, who had been charged under IPC sections 302, 498A and Section 4 of the Dowry Prohibition Act for alleged dowry harassment and murder. The deceased was found hanging in a bedroom, and the trial court had …

KSL & INDUSTRIES LTD.versusMIS ARIHANT THREADS LTD. & ORS.

2008 INSC 973Disposed off

The Industrial Development Bank of India obtained a recovery order against M/s Arihant Threads Ltd. under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB Act), leading to an auction of the company's assets which was won by KSL & Industries Ltd. The company later invoked …

M/S. TOYOTA MOTOR CORPORATIONversusCOMMNR. OF INCOME TAX

2008 INSC 974Dismissed

Mis. Toyota Motor Corporation appealed against the Commissioner of Income Tax after the Assessing Officer dropped penalty proceedings under Section 263 of the Income Tax Act. The Tribunal had held that initiating the proceedings was impermissible given the materials the assessee had placed before …

K.K. SARAVANA BABUversusSTATE OF TAMIL NADU & ANR.

2008 INSC 963Appeal(s) allowed

The appellant, K.K. Saravana Babu, was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 on the basis of two pending criminal cases of land grabbing. He challenged the detention, arguing that the offences did not affect public order and that the detaining …

RAM PYARE MISHRAversusPREM SHANKER AND ORS.

2008 INSC 962Appeal(s) allowed

The case arose from a violent incident on 12 July 1978 in which two brothers, Prem Shanker and Hari Shanker, armed with a knife and a lathi, assaulted and caused the death of Mohan Mishra. The trial court convicted them under Section 302 read with Section 34 IPC, but the Allahabad High Court …

J. MITRA & CO. PVT. LTD.versusASST. CONTROLLER OF PATENTS & DESIG. & ORS.

2008 INSC 958Disposed off

J. Mitra & Co. Pvt. Ltd. applied for a patent which was opposed by Span Diagnostics Ltd. (respondent No.3). The opposition was initially a pre‑grant opposition under Section 25(1) of the Patents Act, 1970. The Controller rejected the pre‑grant opposition on 23‑Aug‑2006 and the respondent filed …

MONOTOSH SAHAversusSPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE AND ANR.

2008 INSC 959Disposed off

Monotosh Saha was penalised Rs 25 lakhs for alleged contravention of Section 8(1) of the Foreign Exchange Regulation Act, 1973. The Special Director ordered the penalty and the Appellate Tribunal required a 60% pre‑deposit to entertain the appeal. Saha contended that the pre‑deposit caused undue …

RAM TAWEKYA SHARMAversusSTATE OF BIHAR & ORS.

2008 INSC 956Dismissed

Three police constables were accused of robbery under Sections 392 and 411 of the Indian Penal Code. While the criminal trial was pending, the authorities initiated departmental proceedings under the Bihar Police Manual. The constables were later acquitted in the criminal case, but the departmental …

IQBAL SINGHversusSTATE OF PUNJAB

2008 INSC 960Case Partly allowed

The appellants, who were first cousins of the complainant, removed tubewell pipes from a piece of common land while armed with spades. When the complainant party intervened and objected, a verbal altercation escalated into a physical fight, during which the deceased Sikander Singh was killed and two …

ELIZABETH JACOBversusDISTRICT COLLECTOR, IDUKKI & ORS.

2008 INSC 961Appeal(s) allowed

The appellant purchased 9.39 acres of land attached by the Revenue Department under the Kerala Revenue Recovery Act, 1968, at a public auction in 1998 and obtained a sale certificate. She applied for possession under section 58 of the Act, but the Collector failed to act, citing a pending …

NIKHIL MERCHANTversusCENTRAL BUREAU OF INVESTIGATION & ANR

2008 INSC 948Appeal(s) allowed

The appellant, a former managing director of a company that had defaulted on a loan from Andhra Bank, was charged by the CBI with cheating, forgery and corruption offences. The bank’s civil suit for recovery was later compromised, with clause 11 stating that both parties withdrew all claims against …

SMT. LEELABAI GAJANAN PANSARE & ORS.versusTHE ORIENTAL INSURANCE CO. LTD. & ORS.

2008 INSC 949Disposed off

The landlords sought eviction of Oriental Insurance Company Ltd. (OIC) from premises in Thane, arguing that OIC, a Government company under Section 617 of the Companies Act, 1956, was exempt from protection under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. The High Court held that …

HARDIP SINGHversusSTATE OF PUNJAB

2008 INSC 950Dismissed

Hardip Singh was found in possession of 7 kg of opium during a police search and was convicted under Section 18 of the NDPS Act, receiving ten years' rigorous imprisonment. He appealed, alleging that the investigating officer, Inspector Jarnail Singh, bore a personal grudge stemming from a prior …

RANGNATH SHARMAversusSATENDRA SHARMA & ORS.

2008 INSC 951Appeal(s) allowed

The case concerns the murder of Ajay Sharma, the nephew of Rangnath Sharma, by three accused who allegedly took the victim to a terrace, restrained him, and shot him with a pistol. The trial court convicted all three under Sections 302 read with 34 of the IPC and Section 27 of the Arms Act, but the …

GUNNANA PENTAYYA @ PENTADU & ORS.versusSTATE OF A.P.

2008 INSC 952Dismissed

The case arose from a political mob attack on 29 January 2000 in which a group of accused assaulted two houses, resulting in the deaths of D‑1 and D‑2. The trial court convicted several accused under s.302 IPC and s.302 r.w. s.149 IPC; the High Court upheld the s.302 convictions but acquitted on …

GANESHversusSTATE OF KARNATAKA AND ORS.

2008 INSC 953Dismissed

Twenty-five persons were charged with offences including murder under Section 302 read with Section 149 of the IPC, arising from an assault on the deceased Kenchappa and his sons. The trial court convicted six accused of all charges except the murder provision, relying on eye‑witness testimony, …

GORIGE PENTAIAHversusSTATE OF A.P. & ORS.

2008 INSC 955Appeal(s) allowed

The appellant Gorige Pentaiah was charged in a criminal complaint filed by Bakaram Eswar alleging offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC sections 427, 447 and 506, relating to demolition of a wall, caste insult and intimidation in a land …

KUMAR GONSUSAB & ORS.versusSRI MOHAMMED MIYAN URF SABAN & ORS.

2008 INSC 947Appeal(s) allowed

The respondents, owners of land adjoining a six‑acre ancestral property, claimed a right of pre‑emption under Mohammedan law on the ground of vicinage when the owner (appellant No.3) entered into a registered agreement for sale with appointees Nos.1 and 2. The lower courts held the pre‑emption rule …

DINESH SETHversusSTATE OF N.C.T. OF DELHI

2008 INSC 940Dismissed

Dinesh Seth was married to Rama, who died by hanging within two years of marriage. The trial court framed a charge under IPC Section 304B (dowry death) read with Section 34 and convicted the accused. On appeal, the Delhi High Court acquitted them of the 304B charge but convicted Seth under IPC …

SWARAN SINGH & ORS.versusSTATE THROUGH STANDING COUNSEL & ANR.

2008 INSC 941Disposed off

The appellants were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for calling a Scheduled Caste informant "Chamar" (or "Chuda‑Chamar") in what the FIR described as a public setting. The Supreme Court examined whether the term "Chamar" …

VINAY KUMAR RAI AND ANR.versusTHE STATE OF BIHAR

2008 INSC 942Dismissed

The appellants Ajeet Kumar Rai, Vinay Kumar Rai and Ashutosh Kumar Rai were convicted for the murder of Nanda Kumar Singh under Section 302 read with Section 34 of the IPC and for a violation of Section 27 of the Arms Act. The prosecution proved that the first two accused restrained the deceased, …

PUNJAB STATE ELECTRICITY BOARDversusM/S SIEL LTD. AND ORS.

2008 INSC 943Appeal(s) allowed

The Punjab State Electricity Board appealed against the Punjab State Electricity Regulatory Commission’s tariff order, which had been upheld by the Punjab and Haryana High Court on the ground that the Commission failed to consider certain parameters. The industrial consumers (M/s SIEL Ltd. and …

SUPERINTENDENT OF POLICE, KARNATAKA LOKAYUKTHA AND ANRversusB. SRINIVAS

2008 INSC 944Appeal(s) allowed

The case arose from a corruption investigation under the Prevention of Corruption Act, 1988 against B. Srinivas, an engineer, where the Superintendent of Police, Karnataka Lokayuktha authorized an Inspector to investigate and an FIR was lodged on 12 June 2000. Srinivas filed a petition under Section …

COMMNR. OF INCOME TAX-I, AHMEDABADversusGOLD COIN HEALTH FOOD PVT. LTD.

2008 INSC 938Disposed off

The assessee, Gold Coin Health Food Pvt. Ltd., filed a return showing a loss. The Income Tax Department levied a penalty under Section 271(1)(c) of the Income Tax Act, 1961, alleging concealment of income. The issues were whether the term “income” includes losses, whether the penalty can be imposed …

A. CHOWGULE & CO. LTD.versusGOA FOUNDATION & ORS.

2008 INSC 945Dismissed

The Government of Goa leased 12 hectares of land, classified as forest, to A. Chowgule & Co. Ltd. for an export‑oriented iron‑ore beneficiation plant. Respondents filed writ petitions challenging the lease, arguing that the land was forest and required prior Central Government approval under Section …

UNION OF INDIA & ORS.versusTARSEM SINGH

2008 INSC 930Appeal(s) allowed

Tarsem Singh, invalidated from the Indian Army in 1983, sought disability pension. A single High Court judge in 2000 granted the pension and limited arrears to 38 months before the writ filing. Unsatisfied, Singh appealed, and the High Court Division Bench in 2006 ordered payment of arrears from …

M/S GREEN EARTH ASPHALT & POWER P. LTD.versusSTATE OF MAHARASHTRA TR. P.S.O. & ORS.

2008 INSC 931Case Partly allowed

The appellant, M/s Green Earth Asphalt & Power P. Ltd., filed a criminal complaint under Section 141 of the Negotiable Instruments Act alleging offences by the firm and its partners. The High Court, invoking Section 482 of the Code of Criminal Procedure, quashed the entire criminal proceeding, …

DCM FINANCIAL SERVICES LTD.versusNEEL KAMAL PLASTICS LTD. & ANR.

2008 INSC 932Dismissed

DCM Financial Services Ltd., a creditor of Pure Drinks Ltd., filed a winding‑up petition under the Companies Act, 1956, which initially restrained the debtor from alienating its assets. During the pendency, the debtor sold property in other proceedings and the purchaser agreed to pay Rs 1.95 crore …

STATE OF UTTARANCHAL & ORS.versusKHARAK SINGH

2008 INSC 933Dismissed

The case involved a temporary forest guard, Kharak Singh, who was charged with illegal felling of trees and dismissed after a departmental enquiry. The enquiry officer, who had inspected the forest himself, acted as investigator, prosecutor and judge, and recommended dismissal without allowing the …

MALWA COTTON & SPINNING MILLS LTD.versusVIRSA SINGH SIDHU & ORS.

2008 INSC 934Appeal(s) allowed

The Supreme Court examined an appeal by Malwa Cotton & Spinning Mills Ltd. against the Punjab and Haryana High Court’s order quashing criminal proceedings under Section 138 of the Negotiable Instruments Act against its former director, Virsa Singh Sidhu. The director claimed to have resigned before …

M/S. SANDUR MICRO CIRCUITS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, BELGAUM

2008 INSC 935Dismissed

The appellant, Sandur Micro Circuits Ltd., challenged a decision of the Customs, Excise and Service Tax Appellate Tribunal which held that Circular No. 42 of 1997 issued by the Central Board of Excise and Customs conflicted with Notification No. 2/95‑CE (and its amendments) issued under Section …

GRID CORPORATION OF ORISSA LTD.versusGAJENDRA HALDEA AND ORS.

2008 INSC 936Disposed off

The case concerned a petition filed by Gajendra Haldea before the Central Electricity Regulatory Commission (CERC) under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003, seeking that Grid Corporation of Orissa Ltd (GRIDCO) adhere to a 4 paise per unit trading margin prescribed by …

ARJUN MAHTOversusSTATE OF BIHAR

2008 INSC 937Dismissed

On 15 March 1983, a group of armed men entered the house of the informant Yusuf Ali Khan, injured him, his father and brother, and looted household property, constituting a dacoity. The trial court convicted five appellants under Section 396 IPC, later altered by the High Court to Section 395 IPC …

V. SIVAMURTHYversusSTATE OF ANDHRA PRADESH. AND ORS.

2008 INSC 926Appeal(s) allowed

The Supreme Court examined Andhra Pradesh's scheme of compassionate appointments for dependents of government servants who retire on medical invalidation. The petitioners argued that the scheme was unconstitutional under Article 16 and that the five‑year "left‑over service" period should be counted …

AIZAZ & ORS.versusSTATE OF U.P.

2008 INSC 927Dismissed

The appellants Aizaz and others were convicted for murder and attempt to murder of Ismail under Sections 302 and 307 read with Section 34 of the Indian Penal Code. The trial court’s conviction was affirmed by the High Court, which acquitted one accused (A-4). On appeal, the Supreme Court examined …

VASUDEVversusPARVINDER KUMAR & ORS.

2008 INSC 928Disposed off

The appellant, Vasudev, filed a criminal miscellaneous application under Section 91 of the CrPC alleging that the father of respondents forged the mother’s signature to withdraw money from her bank account, leading to FIR No.61 dated 13‑03‑2002. The trial court disposed of the application with …

STATE (NCT OF DELHI)versusAHMED JAAN

2008 INSC 929Appeal(s) allowed

The State of NCT of Delhi filed a criminal revision petition against the discharge of Ahmed Jaan, who was charged with offences under Sections 121, 121A, 122, 124A and 120B of the IPC for alleged terrorist activities. The trial court discharged him for lack of prima facie evidence. The State’s …

ABDUL GAFUR AND ANR.versusSTATE OF UTTARAKHAND AND ORS.

2008 INSC 921Appeal(s) allowed

The State of Uttarakhand acquired land for a public road to a hospital under the Land Acquisition Act, 1894. The original owner later gifted part of the land to the appellants, who sued the hospital for a perpetual injunction to prevent it from erecting walls that would block the road. The trial …

SALIM AND ORS.versusSTATE OF HARYANA

2008 INSC 922Disposed off

The case involved a land dispute in which the accused, including Salim, armed themselves and fired upon the complainant's party, resulting in the death of Abdul Gafar. The trial court convicted Salim under sections 302, 203/149, 307/149, 323/149, 325/149 IPC and the Arms Act, while other accused …

STATE OF PUNJAB REP. THROUGH SECRETARYversusRAJ KUMAR AND ORS.

2008 INSC 923Case Partly allowed

The deceased Sunita, married to Raj Kumar, was allegedly set on fire by her mother‑in‑law amid dowry disputes. While on her death‑bed she gave a dying declaration identifying her husband and his parents as the assailants; the statement was recorded by police and a magistrate. The trial court …

N.T.P.C. & ORSversusBADRI SINGH THAKUR & ORS.

2008 INSC 924Appeal(s) allowed

The petitioners, electricians employed through a contractor for the National Thermal Power Corporation (NTPC), sought to be absorbed as workmen of the corporation, arguing that the Madhya Pradesh Industrial Relations Act, 1960 applied to them and that contract labour should be abolished. NTPC …

MANIVEL & ORS.versusSTATE OF TAMIL NADU

2008 INSC 918Dismissed

The accused Manivel and others were convicted of murder and abetment under Sections 302 and 201 IPC based on circumstantial evidence that the victim was last seen with them at night and his body was found the next morning. The appellants challenged the conviction, arguing that the "last seen" theory …

STATE OF U.P.versusKISHANPAL & ORS

2008 INSC 919Case Partly allowed

The State of Uttar Pradesh appealed the acquittal of ten accused who were part of an armed unlawful assembly that shot and killed three persons and injured three others. The trial court had convicted all ten under Sections 148, 149, 302, 307 and sentenced them to life imprisonment, but the High …

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2008 INSC 917IA disposed

The Supreme Court considered an interlocutory application filed by Sterlite Industries (Siil) seeking clarification on the rehabilitation package and the proposed transfer of the Niyamgiri bauxite mining lease to a Special Purpose Vehicle (SPV) as suggested by the Central Empowered Committee (CEC). …

NIL RATAN KUNDU & ANR.versusABHIJIT KUNDU

2008 INSC 920Case Allowed

The case concerned an application by the father, Abhijit Kundu, for custody of his six‑year‑old son Antariksh, while the child was in the care of his maternal grandparents who had lodged an FIR against the father under Sections 498A and 304 IPC for the alleged murder of the mother. The trial court …

T.R. BOOPALAN & ORSversusTAMIL NADU HOUSING BOARD AND ORS.

2008 INSC 914Case Allowed

The appellants owned a 0.81‑acre plot covered by Survey No.188/4 that was subject to a Section 4(1) notification under the Land Acquisition Act, 1894. A writ petition quashed the notification, but the petition mistakenly referred to the land as 0.81 cents; an application to correct this error was …

M/S. GAIL (I) LTD.versusBAL KISHAN AGARWAL GLASS INDUSTRIES LTD.

2008 INSC 915Disposed off

GAIL (I) Ltd. entered into a gas‑supply agreement with Bal Kishan Agarwal Glass Industries Ltd., but the gas meter was repeatedly found tampered, leading to successive disconnections. The respondent filed a civil suit seeking reconnection of gas without any payment or security, even though …

INDERJEET AND ANRversusUNION OF INDIA AND ORS.

2008 INSC 916Dismissed

Inderjeet Singh and Varinder Singh were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling gold. They made representations to the detaining authorities, the Advisory Board and the Central Government seeking …

DEVIDAS RAMSUNDER SHUKLAversusSTATE OF MAHARASHTRA

2008 INSC 911Dismissed

The appellant, Devidas Ram Sunder Shukla (A‑2), together with his son Santosh Devidas Shukla (A‑1) and two others, were convicted under IPC sections 302, 202 and 34 for the murder of Manoja, who was burnt to death in the house they shared. The prosecution relied entirely on circumstantial evidence, …

DR. RAJBIR SINGH DALALversusCHAUDHARI DEVI LAL UNIVERSITY, SIRSA & ANR.

2008 INSC 913Case Allowed

The Chaudhary Devi Lal University advertised for a Reader in Public Administration and appointed Dr. Rajbir Singh Dalal, who holds an M.A. and Ph.D. in Political Science. A lecturer challenged the appointment, arguing that the appellant lacked the required qualification in the "relevant subject" …

TAMILSELVANversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 905Case Allowed

The case involved six sandalwood smugglers accused of shooting a forest guard and injuring a gardener. The FIR described the assailants only as unidentified persons in a group of about 50, and no names were recorded. The trial court convicted all six under Section 302 IPC, but the High Court …

PRIYA VRAT SINGH & ORS.versusSHYAM JI SAHAI

2008 INSC 906Appeal(s) allowed

The appellants, Priya Vrat Singh and others, sought to quash criminal proceedings filed under Sections 494, 120B and 109 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for alleged dowry harassment and bigamy. The High Court had dismissed their Section 482 CrPC application, but the …

BALJINDER SINGHversusRATTAN SINGH

2008 INSC 907Disposed off

The case concerned the alienation of undivided co‑parcenary property by a Hindu coparcener through a gift deed, two sale deeds and a will. The Supreme Court held that a gift by a coparcener of his undivided interest in joint family property is void, and that the validity of the sale deeds must be …

K. NARAYANAN AND ANR.versusS. MURALI

2008 INSC 908Dismissed

The appellants, manufacturers of banana chips, had been using the trade mark "A-ONE" since 1986 and applied for its registration in 1999, which remained pending. The respondent filed a parallel application for registration of the same mark in 2000 and later sued the appellants for passing off. The …