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Judgments of 2008

1505 judgments · newest first · showing 801–1000

SULOCHANAversusRAJINDER SINGH

2008 INSC 716Appeal(s) allowed

The appellant, a widow who purchased a shop in 1996, filed a composite eviction suit against the tenant for default in rent, denial of title, and her bona‑fide requirement to use the premises for her son’s business. The trial court and the first appellate court allowed the suit, but the High Court …

INDIAN BANKversusGODHARA NAGRIK COOPERATIVE CREDIT SOCIETY LTD. AND ANOTHER

2008 INSC 717Case Partly allowed

The cooperative societies had placed fixed deposits with Indian Bank and Bank of Baroda through commission agents, and the banks later refused to honour the deposits, claiming the amounts had been used to grant loans and that a fraud involving bank officers had occurred. The societies filed writ …

S. MOHANversusCENTRAL BUREAU OF INVESTIGATION

2008 INSC 693Appeal(s) allowed

The case concerned the purchase of CANCIGO units worth Rs 33 crore by broker Hiten P. Dalal on behalf of Canbank Financial Services Ltd. (CANFINA) and the alleged involvement of senior CANFINA officials S. Mohan and others. The prosecution alleged that the units, issued in the names of Andhra Bank …

CHENNAI CUSTOMS APPRAISING OFFICERS ASSN.versusUNION OF INDIA & ORS.

2008 INSC 718Dismissed

The Chennai Customs Appraising Officers Association, representing promotee appraisers, challenged the seniority list prepared by the Union of India, arguing that promotees should enjoy seniority based on the continuous officiation doctrine articulated in Gaya Baksh Yadav. The Union contended that …

M/S. PONDS INDIA LTD. (MERGED WITH H.L. LTD.)versusCOMMISSIONER OF TRADE TAX, LUCKNOW

2008 INSC 719Appeal(s) allowed

The appellant, Mis. Ponds India Ltd., produced Vaseline white petroleum jelly under a licence granted by the Drugs and Cosmetics Act, 1940. For assessment years 1981‑1989 the Trade Tax Tribunal classified the product as a pharmaceutical preparation (a "drug") under Entry 5 of the Uttar Pradesh Trade …

N. PADMAMMA AND OTHERSversusS. RAMAKRISHNA REDDY AND OTHERS

2008 INSC 720Matter referred to larger bench

The case concerned a partition suit filed by members of a joint family over lands where the first respondent had been granted occupancy rights under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The respondents argued that the civil court lacked jurisdiction because the Act …

FOOD CORPORATION OF INDIA & ANR.versusPALA RAM & ORS.

2008 INSC 721Disposed off

The Food Corporation of India (FCI) had earlier been subject to a 1976 Central Government notification prohibiting the employment of contract labour for sweeping, cleaning, dusting and watching of its buildings. In 1992 the Central Government withdrew that prohibition, raising the question of …

MUNICIPAL CORPORATION, HYDERABADversusSUNDER SINGH

2008 INSC 723Appeal(s) allowed

The respondent Sunder Singh filed a suit against the Municipal Corporation of Hyderabad seeking a permanent injunction and an order to render accounts for a purported wrongful auction of his property. An interlocutory application to adduce secondary evidence was dismissed and the suit was …

SAYEEDA FARHANA SHAMIMversusSTATE OF BIHAR & ANR.

2008 INSC 724Appeal(s) allowed

The appellant filed a complaint under IPC sections 323, 406, 498A and the Dowry Prohibition Act. Several witnesses could not be examined during the trial, and the complainant later filed a supplementary list of five witnesses under Section 244(2) Cr.P.C. after the charge was framed. The …

DABUR INDIA LTD.versusK.R. INDUSTRIES

2008 INSC 725Dismissed

Dabur India Ltd., the maker of "Dabur Red Tooth Powder", sued K.R. Industries for copyright infringement of its packaging and for passing off. The Delhi High Court dismissed the suit on the ground that it lacked territorial jurisdiction over the passing‑off claim, relying on the Dhodha House …

KABUSHIKI KAISHA TOSHIBAversusTOSHIBA APPLIANCES CO. AND ORS .

2008 INSC 726Appeal(s) allowed

Kabushiki Kaisha Toshiba (the appellant) held a registration for the mark TOSHIBA covering washing machines and spin dryers. The Indian respondent, using the similar mark TOSIBA for electrical appliances, applied to the Registrar for rectification of the registration under sections 46 and 56 of the …

M/S. ANDROMEDA FOUNDATION INDIA P. LTD.versusD.G.H.S. AND ORS.

2008 INSC 728Dismissed

The appellant, Andromeda Foundation India Ltd, imported medical equipment under a customs duty exemption notification of 1988 and 1993, which required it to furnish detailed information on the use of the equipment and to provide free treatment to a specified percentage of poor patients. Despite …

KUSUMAM HOTELS (P) LTD.versusKERALA STATE ELECTRICITY BOARD & ORS.

2008 INSC 729Disposed off

The Supreme Court examined whether the Kerala Government Order of 26 September 2000, which retrospectively withdrew electricity tariff concessions granted to classified hotels under a tourism‑industry policy, was valid. The hotels argued that the withdrawal violated their accrued rights, the …

UNITED INDIA INSURANCE COMPANY LTD.versusMANUBHAI DHARMASINHABHAI GAJERA & ORS.

2008 INSC 730Dismissed

The petitioners held mediclaim policies with United India Insurance Co. Ltd., a subsidiary of the General Insurance Corporation of India, and paid premiums annually. After several claims, the insurer refused to renew the policies, citing high claim ratios and pre‑existing diseases. The Gujarat High …

M.D., H.S.L.D.C. AND ORS.versusM/S. HARI OM ENTERPRISES AND ANR.

2008 INSC 731Disposed off

The Haryana State Industrial Development Corporation (HSIDC) allotted industrial plots to various applicants under letters of allotment containing detailed payment and construction schedules. Several allottees failed to comply with the terms, leading HSIDC to issue show‑cause notices and, in many …

STATE OF U.P. & ORS.versusM/S. SWADESHI POLYTEX LTD. & ORS.

2008 INSC 732Dismissed

Swadeshi Polytex Ltd., a sick company unable to pay employee wages, was subjected to attachment and auction of its property under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The company challenged the sale, arguing that the sale proclamation and auction notice were not served …

TAMIL NADU ELECTRICITY BOARD & ANR.versusSTATUS SPINNING MILLS LTD. & ANR.

2008 INSC 733Appeal(s) allowed

The Tamil Nadu Electricity Board and the State of Tamil Nadu appealed against a Madras High Court order that upheld tariff concessions for high‑tension industries set up before 15‑02‑1997. The dispute centered on the meaning of "set up" in the 1995 and 1997 government notifications and whether the …

BANK OF INDIAversusNANGIA CONSTRUCTIONS (I) PVT. LTD. AND ORS.

2008 INSC 681Dismissed

Bank of India issued an unconditional on‑demand guarantee to Nangia Constructions (I) Pvt Ltd. The guarantee was invoked on 19 May 1989, within its validity period, but a stay order was obtained and the beneficiary failed to pay renewal charges, leading the bank to refuse renewal after 26 May 1996 …

DALBIR SINGHversusSTATE OF HARYANA

2008 INSC 682Dismissed

Dalbir Singh, the nephew of Ram Pratap, was convicted of murder (IPC s.302) and rioting (IPC s.148) for killing his uncle over a property dispute. The sole eyewitness, the victim's father Surja Ram (PW‑8), identified Dalbir by his voice in a dark‑night setting, though he could not name the other …

DELHI BAR ASSOCIATIONversusUNION OF INDIA & ORS.

2008 INSC 678Dismissed

The Delhi Bar Association challenged a notification issued by the Lieutenant Governor of the National Capital Territory of Delhi that divided the territory into nine civil districts, alleging that the Lt. Governor lacked authority and that the decision was a policy matter not subject to judicial …

K. CHITHHAYANversusSTATE OF TAMIL NADU

2008 INSC 683Dismissed

The appellant was stopped at a bus stop with a yellow bag and, after giving consent, his bag was searched in the presence of witnesses, leading to the seizure of 2 kg of diazepam. He was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, convicted, and sentenced to ten years' …

NIKHIL KANCHANALA LVAKHARIAversusSECURITIES AND EXCHANGE BOARD OF INDIA AND ANOTHER

2008 INSC 684Dismissed

The appellant, son of a deceased stock‑broker who was a member of the Bombay Stock Exchange, claimed that the partnership firm he joined should enjoy the "fee continuity benefit" under the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992, arguing that the business continued under the same name …

AMOL SINGHversusSTATE OF M.P.

2008 INSC 685Appeal(s) allowed

Amol Singh and another were convicted for the murder of Saraswati Bai under IPC s.302 r.w. s.34. The deceased gave two dying declarations, one recorded by an ASI and another by an Executive Magistrate, which differed on the motive and the manner of being doused with kerosene. The High Court held the …

PANNEERSELVAMversusSTATE OF TAMIL NADU

2008 INSC 679Appeal(s) allowed

Five police officials were convicted for the murder of Arunbharathi, who died from burn injuries. The trial court relied on a dying declaration recorded by a Revenue Divisional Officer (RDO) four days before the victim's death, while discarding earlier statements to doctors where the victim claimed …

ICICI BANKversusSHANTI DEVI SHARMA ANO ORS.

2008 INSC 686Disposed off

The respondents alleged that their son committed suicide after ICICI Bank's recovery agents forcibly repossessed his motorcycle, causing humiliation. A writ petition was filed seeking police action against the bank. The Delhi High Court ordered police reports, found them unsatisfactory, and directed …

COMMISSIONER OF CENTRAL EXCISE, BANGALOREversusM/S. KARNATAKA AGRO CHEMICALS

2008 INSC 687Case Partly allowed

M/s Karnataka Agro Chemicals manufactured "multi micronutrient" compounds, registered as fertilizers, and the Central Excise Commissioner alleged that the company misdeclared the products as containing nitrogen to attract classification under "other fertilizers" (CHS 3105.00) and evade duty. The …

M/S. DHARAMPAL SATYAPAL LTD. AND ANOTHERversusSTATE OF BIHAR AND ORS.

2008 INSC 663Disposed off

The appellants, manufacturers of Zafrani Zarda, challenged the levy of market fee imposed by the State of Bihar under the Bihar Agricultural Produce Market Act, 1960. They argued that Zafrani Zarda, a manufactured form of tobacco, should not be subject to the fee or that the notifications …

RAM AVADH & ORS.versusRAM DAS & ORS.

2008 INSC 664Appeal(s) allowed

The appellants purchased land from co‑tenure holders (the vendors) and sought entry of their names in the revenue records. The respondents objected, claiming the vendors' father (Faqir) had no right to the land and that his entry in the 1356 Fasli Khatauni was fictitious. The Consolidation Officer …

SHYAMAL KANTI GUHA (D) THROUGH LRS & ORS.versusMEENA BOSE

2008 INSC 665Case Partly allowed

The case concerned the construction of a 1985 Will of Hillol Kanti Guha, who bequeathed his dwelling house in equal shares to his brother Shyamalkanti Guha and sister Meena Bose, with a clause that the brother could occupy the premises absolutely after the sister's death. The sister filed a suit for …

K. RAGHUNANDAN AND ORS.versusALI HUSSAIN SABIR AND ORS.

2008 INSC 666Dismissed

The appellants and respondents, who were neighbours, disputed the status of an 80‑yard passage. The original suit for perpetual injunction ended in a compromise decree that allegedly granted the appellants exclusive rights over the passage, which was shown as a public road in municipal plans. The …

GHAZIABAD DEVELOPMENT AUTHORITYversusVED PRAKASH AGGARWAL

2008 INSC 667Appeal(s) allowed

The Ghaziabad Development Authority (GOA) allotted a plot to Ved Prakash Aggarwal under its 1988 housing scheme, for which the respondent paid the full consideration. Years later GOA cancelled the allotment, claiming the respondent had failed in the lottery draw, and offered a refund. The respondent …

ARJAN SINGHversusPUNIT AHLUWALIA & ORS.

2008 INSC 668Case Partly allowed

Arjan Singh filed a suit for specific performance of a contract concerning a Chandigarh property and obtained an interim injunction that was extended up to 16 October 1996. A second suit was filed by Sanjeev Sharma against the same owner, Dr. Bawa, and the parties entered into a compromise on 19 …

RAJKUMAR GURAWARA (DEAD) THR. L.RS.versusM/S S.K. SARWAGI & CO. PVT. LTD. & ANR.

2008 INSC 669Dismissed

The appellant, Rajkumar Gurwara (deceased) thr. LRs, filed a suit seeking a declaration of his exclusive right to mine a parcel of land. After the evidence was closed, the second defendant, M/s S.K. Sarwagi & Co. Pvt. Ltd., was impleaded, and the appellant then applied under Order VI Rule 17 of the …

BHUPENDRAversusSTATE OF MAHARASHTRA & ANR.

2008 INSC 670Dismissed

Bhupendra was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders and Dangerous Persons Act, 1981, and filed a habeas corpus petition challenging the order on the ground that there was no live link between his activities and …

TIKKA RAM & ANR.versusKARTARA (DECEASED) THROUGH LRS & ORS.

2008 INSC 671Dismissed

The plaintiffs, Tikka Ram and Sewa Ram, claimed to be tenants of a 40-kanal land for 12‑13 years and filed suits for pre‑emption against the vendor who had sold the land to the defendants. The trial court dismissed the suits; the first appellate court reversed the decision, but the High Court set …

BHARAT SANCHAR NIGAM LTD. & ANR.versusBPL MOBILE CELLULAR LTD. & ORS.

2008 INSC 672Dismissed

The Supreme Court examined whether internal circulars issued by the Department of Telecommunications (DOT) could alter the terms of lease contracts between Bharat Sanchar Nigam Ltd. (BSNL) and BPL Mobile Cellular Ltd. concerning inter‑connection links. The parties had entered into licence agreements …

TDM INFRASTRUCTURE PRIVATE LIMITEDversusUE DEVELOPMENT INDIA PRIVATE LIMITED

2008 INSC 677Dismissed

The petitioners, TDM Infrastructure Pvt. Ltd., sought appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, contending that the arbitration agreement was an international commercial arbitration because the company's central management and control were …

SAPNAversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2008 INSC 673Case Partly allowed

Sapna, a 12‑year‑old girl, was severely injured in a motor‑vehicle accident and left with permanent disability of her left leg. A claim petition under the Motor Vehicles Act, 1988 was filed; the Motor Accident Claims Tribunal awarded Rs 82,569 with 8% interest, which the Uttarakhand High Court …

KESARWANI ZARDA BHANDARversusSTATE OF U.P. AND OTHERS

2008 INSC 674Appeal(s) allowed

The appellants challenged the levy of market fee on Zafrani Zarda, a chewing tobacco product, under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. The issue was whether Zafrani Zarda qualifies as a "specified agricultural produce" and, if so, whether it is a "processed" form of tobacco …

RABINDRA SINGHversusFINANCIAL COMMISSIONER, COOPERATION, PUNJAB AND OTHERS

2008 INSC 661Appeal(s) allowed

The appellant, Rabindra Singh, who had been residing in the United States for over 25 years, was decreed ex‑parte in a partition suit filed by his brother without ever being served notice, despite the plaintiff’s knowledge of his correct address. He filed an application under Order IX Rule 13 read …

M.C. MEHTAversusUNION OF INDIA & ORS.

2008 INSC 662Dismissed

The Supreme Court examined petitions filed by developers who had created plots in the Aravalli Range and sold them to non‑resident buyers, seeking relief from a 1992 notification under Sections 3, 4 and 5 of the Punjab Land Preservation Act, 1900 that prohibited certain activities for 30 years. The …

SHAUKAT HUSSAIN GURUversusSTATE (NCT) DELHI & ANR.

2008 INSC 675Dismissed

The petitioners, accused in the 2001 Parliament attack, were originally convicted of several offences under POTA, the IPC and the Explosive Substances Act, with death sentences imposed. The Supreme Court partially set aside the convictions, substituting a conviction under IPC s.123 (concealment of …

SHAIKH ALI HOSSAIN AND ORS.versusSH. SHOWKATALI AND ANR.

2008 INSC 676

The dispute concerned the extent of land owned by the parties: 37 (actually 39.5) decimals, of which 33 decimals were sold to S.A. Hossain and 6.5 decimals remained with the heirs of Ujir Ali. The Supreme Court had earlier clarified that the heirs possessed 6.5 decimals and S.A. Hossain possessed 33 …

FATMA BIBI AHMED PATELversusSTATE. OF GUJARAT & ANR.

2008 INSC 645Appeal(s) allowed

The appellant, a citizen of Mauritius, was served with a summons after a complaint by her daughter‑in‑law alleging physical and mental torture, allegedly committed in Kuwait. All parties were residents of Kuwait and were in India on visitor visas when the complaint was filed. The Chief Judicial …

NARAYANAMURTHYversusSTATE OF KARNATAKA AND ANR.

2008 INSC 646Appeal(s) allowed

The appellant Narayanamurthy was convicted by the Karnataka High Court under Sections 498A and 3048 of the IPC for the alleged dowry death of his wife Jagadeshwari. The prosecution alleged that the accused and his parents harassed the deceased for not providing dowry and that she committed suicide …

SIRIYA@ SHRI LALversusSTATE OF MADHYA PRADESH

2008 INSC 647Dismissed

The appellant, a father, was convicted under Section 376 of the Indian Penal Code for raping his minor daughter, with the prosecution relying on three eyewitnesses, medical examination reports, and age verification by X‑ray. The trial court sentenced him to life imprisonment and a fine, a sentence …

OIL & NATURAL GAS CORPORATION LTD.versusATWOOD OCEANIC INTERNATIONAL, S.A.

2008 INSC 648Dismissed

Oil and Natural Gas Corporation (ONGC) entered into a drilling contract with Atwood Oceanic International containing clauses on tax liability and changes in law. The Government of India issued a 1983 notification extending the Income Tax Act to offshore areas, causing Atwood to pay tax on its …

RAMACHANDRANversusR. UDHAYAKUMAR & ORS.

2008 INSC 649Case Partly allowed

The appellant was convicted in a murder case and sought, through a petition under Section 482 of the CrPC, to have the investigation transferred to the Central Bureau of Investigation for a fresh probe. The Madras High Court ordered the case to be re‑investigated afresh by the CBI. The appellant …

B. NAGABHUSHANAMversusSTATE OF KARNATAKA

2008 INSC 650Dismissed

The appellant, a bus driver, was prosecuted for causing the death of a seven‑year‑old child by allegedly driving rashly and negligently, offences punishable under Sections 279 and 304A of the Indian Penal Code. The trial court convicted him and sentenced him to one year’s simple imprisonment with a …

TULSIRAM & ORS.versusSTATE OF M.P.

2008 INSC 651Appeal(s) allowed

The appellants were convicted under Sections 325 and 323 read with Section 34 of the IPC for allegedly assaulting two passengers with lethal weapons. On appeal, the Supreme Court examined the credibility of the prosecution's key witnesses, noting that the star witness (PW5) was declared hostile and …

KASHMIR SINGHversusUNION OF INDIA & ORS.

2008 INSC 652Disposed off

The case concerned the tenure of members of the Sikh Judicial Commission under the Sikh Gurdwaras Act, 1925, and the validity of several notifications issued by the Punjab Government and the Central Government. The appellant, Kashmir Singh, challenged the removal of commission members and the …

NATIONAL INSURANCE CO. LTD.versusKAUSHALYA DEVI AND ORS.

2008 INSC 653Disposed off

The case arose from a motor accident in which a goods vehicle, insured by National Insurance Co. Ltd., struck and killed Kishan Lal, a vegetable dealer who was travelling in the truck to collect empty boxes. The claimant, Kaushalya Devi, sought compensation under Section 166 of the Motor Vehicles …

UNITED INDIA INSURANCE CO. LTD.versusAJAY SINHA AND ANOTHER

2008 INSC 654Appeal(s) allowed

The respondents, owners of insured goods, claimed insurance reimbursement after a burglary, which the insurer denied. The dispute was taken to the Permanent Lok Adalat (PLA) under the Legal Services Authorities Act, 1987, despite a pending criminal case for the alleged non‑compoundable offence of …

RAJESH KUMAR @ RAJUversusYUDHVIR SINGH & ANR.

2008 INSC 655Dismissed

The appellant, Rajesh Kumar, was injured in a motor vehicle accident in August 2001 and claimed a 60% total disability under Section 166 of the Motor Vehicles Act, 1988, relying on a civil surgeon's certificate dated November 2003. The Motor Accident Claims Tribunal and the Delhi High Court both …

GANGA DEVIversusDISTT. JUDGE, NAINITAL AND ORS.

2008 INSC 656Dismissed

The appellant, a 76‑year‑old widow, sought to retain a shop that had been occupied by her deceased husband for over 50 years, claiming she needed it for her livelihood. The respondent, a retired army officer drawing a modest pension, applied to the Chief Judicial Magistrate for release of the same …

RITESH AGARWAL AND ANR.versusSECURITIES AND EXCHANGE BOARD OF INDIA ACT AND ORS.

2008 INSC 657Case Partly allowed

The Supreme Court examined SEBI’s action against the promoters of Ritesh Polyster Ltd., whose 1995 public issue was found to be a fraudulent hoax. SEBI directed the promoters – including the father, his wife and two sons who were minors at the time – to disassociate from the capital market for ten …

STATE OF PUNJABversusPREM SAGAR & ORS.

2008 INSC 658Appeal(s) allowed

The respondents were convicted under Section 61(1) of the Punjab Excise Act, 1914 for illegally transporting 2,000 litres of rectified spirit and were sentenced by the trial court to one year imprisonment. The High Court, noting that the offence occurred 19 years earlier, reduced the sentence by …

STATE OF UTTARANCHAL AND ANR.versusMADAN MOHAN JOSHI AND ORS.

2008 INSC 659Disposed off

The case concerned the inter‑se seniority of lecturers of Kumaon University after their ad‑hoc appointments were regularised under the Uttar Pradesh Regularisation Rules, 1979. The first respondent, Madan Mohan Joshi, was placed lower in the seniority list than a junior colleague, Savita (Mohan) …

DCM FINANCIAL SERVICES LTD.versusJ.N. SAREEN & ANR.

2008 INSC 660Dismissed

DCM Financial Services Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by International Agro Allied Products Ltd. was dishonoured. The complaint named J.N. Sareen, a former director of the company, as an accused but did not allege that he was …

DEV DUTTversusUNION OF INDIA & ORS.

2008 INSC 630Appeal(s) allowed

Dev Dutt, an Executive Engineer in the Border Roads Engineering Service, was eligible for promotion to Superintending Engineer after completing five years on his grade. The promotion guidelines required a "very good" entry in the Annual Confidential Report (ACR) for the last five years, but Dutt had …

DHARAMPAL & ORS.versusU.P. STATE ROAD TRANSPORT CORPN.

2008 INSC 631Disposed off

The case arose from a fatal road accident on 1 September 2004 in which a bus collided with a motorcycle, killing five occupants. The claimants filed a petition before the Motor Accident Claim Tribunal, which awarded Rs.3,50,100 in compensation with interest at 6% per annum. The Uttarakhand High …

M/S. SEEMA SILK & SAREES & ANR.versusDIRECTORATE OF ENFORCEMENT & ORS.

2008 INSC 632Dismissed

M/s. Seema Silk & Sarees, a partnership firm, and its partner were penalised under Sections 18(2) and 18(3) of the Foreign Exchange Regulation Act, 1973 for failing to repatriate export proceeds within the prescribed period. They challenged the constitutional validity of these provisions, arguing …

RAHIMBUXversusSTATE OF M.P.

2008 INSC 633Dismissed

The appellant, Rahim Bux, was convicted under Section 302 IPC for murdering his brother-in-law while chasing his brother-in-law with a sword after a quarrel. The appellant argued that he only intended to injure the brother-in-law and that the death of the brother was accidental, seeking to have the …

SIDHARTHA VASHISHT @ MANU SHARMAversusSTATE (NCT OF DELHI)

2008 INSC 634Disposed off

Manu Sharma was acquitted by the trial court of murder (IPC 302 r/w 201, 120B) and an Arms Act offence, but the Delhi High Court set aside the acquittal, convicted him and sentenced him to life imprisonment. While his appeal against the conviction was pending before the Supreme Court, he filed an …

DADU DAYALU MAHASABHA, JAIPUR (TRUST)versusMAHANT RAM NIWAS AND ANOTHER

2008 INSC 635Disposed off

The Dadu Dayalu Mahasabha, a registered public trust, and Mahant Ram Niwas were involved in a long series of suits concerning the entitlement and management of a religious Gaddi. The Supreme Court, in the first round of litigation, held that the respondent was not entitled to the Gaddi and granted …

MAUSAMI MOITRA GANGULIversusJAYANT GANGULI

2008 INSC 636Dismissed

Mausami Moitra Ganguli and Jayant Ganguli were married in 1996 and had a son in 1998. The mother left the matrimonial home in 2001 due to alleged domestic violence, leaving the three‑year‑old child with the father. After a divorce decree in 2002, the mother filed a petition under Sections 10 and 25 …

M/S. SHEIKHAR HOTELS GULMOHAR ENCLVE. & ANR.versusSTATE OF U.P. & ORS.

2008 INSC 637Dismissed

The Uttar Pradesh government acquired land for a "Transport Nagar" project to alleviate traffic congestion in the National Capital Region. Under the Land Acquisition Act, 1894, it invoked Section 17(4) read with Section 5-A, dispensing with the requirement that affected persons file objections under …

STATE OF UTTARANCHAL THRU. SECRETARYversusSEHNAZ MIRZA & ORS.

2008 INSC 638Case Partly allowed

Employees of a college filed a writ petition in the Allahabad High Court seeking regularisation of their services, which was partially granted. The order was not complied with, leading the employees to file a contempt petition under Sections 12 and 14 of the Contempt of Courts Act, 1971. After the …

M/S. K.B. SAHA & SONS PVT. LTD.versusM/S. DEVELOPMENT CONSULTANT LTD.

2008 INSC 639Dismissed

MIS. K.B. Saha & Sons Pvt. Ltd. (landlord) leased a flat to MIS. Development Consultant Ltd. (tenant) for the residential use of a named officer, Mr. Keshab Das, under a memorandum dated 30‑03‑1976. After Mr. Das vacated, the tenant sought to allot the premises to another employee, prompting the …

UNION OF INDIAversusM/S. RANBAXY LABORATORIES LTD. AND OTHERS

2008 INSC 640Dismissed

The Union of India challenged a Delhi High Court decision that had upheld Ranbaxy Laboratories' claim of exemption from the Drugs (Price Control) Order, 1995 for its bulk drug Pentazocine. The exemption was granted by a government notification dated 29 August 1995 and was said to expire on 31 …

NEW INDIAN ASSURANCE CO. LTD.versusROSHANBEN RAHEMANSHA FAKIR & ANR.

2008 INSC 641Appeal(s) allowed

The case concerned a claim for compensation under the Motor Vehicles Act, 1988 arising from an accident involving an auto‑rickshaw that was insured as a goods‑carrying public carrier. The insurer, New Indian Assurance Co., argued that it should not be liable because the driver, Salim Amadbhai, held …

BAJAJ AUTO LTD.versusDIRECTOR GENERAL (I & R) & ANR.

2008 INSC 642Appeal(s) allowed

Bajaj Auto Ltd. challenged a Notice of Enquiry issued by the Monopolies and Restrictive Trade Practices (MRTP) Commission alleging that its dealer agreements involved restrictive trade practices under Section 33 of the MRTP Act. The appellant argued that the alleged clauses—territorial appointment, …

STATE OF M.P. AND ANR.versusANSHUMAN SHUKLA

2008 INSC 643Matter referred to larger bench

The State of Madhya Pradesh filed a revision application before the High Court under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, but the application was 80 days late. The issue was whether Section 5 of the Limitation Act, 1963, which allows condonation of delay, applies …

R.K.SHUKLAversusSUDHRIST NARAIN ANAND (DEAD) BY L.RS.

2008 INSC 644Dismissed

The appellant, R.K. Shukla, obtained an allotment of a premises after the Rent Control & Eviction Officer (RC&EO) declared it vacant, despite the landlord Sudhrist Narain Anand (deceased) asserting physical occupation. The landlord challenged the allotment and the vacancy declaration in a writ …

MAN MOHAN & ORS.versusMOHD. MOHINUDDIN ALI KHAN (DEAD) BY L.RS.

2008 INSC 622Appeal(s) allowed

The original tenant Ramalingam's protected tenancy was terminated under Section 44 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and the land was restored to the owner Dilawar Ali Khan in 1967. After Ramalingam's death in 1973, his heirs—including Man Mohan, who …

AMERICAN HOTEL & LODGING ASSN. EDU. INS.versusCENTRAL BOARD OF DIRECT TAXES & ORS.

2008 INSC 623Appeal(s) allowed

The American Hotel & Lodging Association Educational Institute (AH&L) – a US non‑profit educational institution – had enjoyed exemption under Section 10(22) of the Income‑Tax Act until 31‑Mar‑1998. After the Finance Act, 1998 omitted Section 10(22), AH&L applied on 7‑Apr‑1999 for initial approval …

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2008 INSC 620Disposed off

The Supreme Court, hearing T.N. Godavarman Thirumulpad v. Union of India (Writ Petition No. 202 of 1955), corrected typographical errors in its earlier order dated 28 March 2008 concerning exemptions from payment of Net Present Value (NPV) under s.3(3) of the Environment Protection Act, 1986. The …

K. JANARDHANversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2008 INSC 624Appeal(s) allowed

The appellant, a tanker driver, lost his right leg up to the knee in a road accident and claimed compensation under the Workmen's Compensation Act, seeking Rs.5 lakh. The Commissioner determined his monthly earnings at Rs.2,000 and held that the loss of the leg resulted in 100% loss of earning …

ASHOK KUMAR PANDEY & ORS.versusSTATE OF BIHAR

2008 INSC 621Dismissed

The appellants, Ashok Kumar Pandey and others, had mortgaged portions of their land in 1966 and later transferred the same lands to the mortgagees by registered deeds in 1972, after the notified ceiling date of 9‑9‑1970 under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of …

GIRISH SINGHversusSTATE OF UTTARANCHAL

2008 INSC 625Dismissed

Girish Singh was convicted under Section 304 Part I of the IPC for pushing the deceased, Sageer Ansari, causing his fall and death. The appellant argued that the charge should be under Section 304A, which deals with death caused by negligence, contending there was no intention or knowledge to cause …

UNION OF INDIAversusBELGACHI TEA CO. LTD. & ORS.

2008 INSC 626Disposed off

The Supreme Court examined whether income from the sale of green tea leaves by Belgachi Tea Co. Ltd. should be taxed as business income under the Income Tax Act, 1961, or as agricultural income under the Bengal Agricultural Income Tax Act, 1944. The Court held that the mixed income from tea grown …

P.S. GOPINATHANversusSTATE OF KERALA & ORS.

2008 INSC 627Appeal(s) allowed

P.S. Gopinathan, a Sub‑Judge promoted to District & Sessions Judge on 14 January 1992, was initially treated as a temporary appointee and later re‑appointed on 15 July 1992 after a fresh panel was prepared following the integration of the Civil and Criminal Judicial Services. He accepted both …

STATE OF MEGHALAYA & ORS.versusMECKEN SINGH N.MARAK

2008 INSC 628Appeal(s) allowed

The respondent, a Sub‑Inspector of Police, was instructed to transport pay and a service revolver to Shillong in a departmental vehicle but instead travelled by bus, resulting in the loss of Rs.17,314 and the revolver with ammunition. A departmental inquiry proved his misconduct and the competent …

UNION OF INDIA AND ORS.versusBIPAD BHANJAN GAYEN

2008 INSC 629Appeal(s) allowed

The respondent was appointed as a probationary constable in the Railway Protection Force in 1993 and filled an attestation form stating he had no criminal cases. Verification later revealed pending FIRs under Sections 376 and 417 of the IPC, which the respondent had omitted. The Chief Security …

KRISHNANversusSTATE REPRESENTED BY INSPECTOR OF POLICE

2008 INSC 608Case Allowed

Krishnan (A-1) and Tamilarasi (A-2) were convicted under Section 302 read with Section 34 of the IPC for the murder of Rasitha Begum, the wife of PW‑1, based solely on circumstantial evidence. The trial court and the Madurai High Court upheld the conviction despite the absence of any direct evidence …

NATIONAL INSURANCE CO. LTD.versusNITIN KHANDELWAL

2008 INSC 609Disposed off

The respondent's Mahindra Scorpio was stolen shortly after purchase and he filed a claim under a comprehensive motor insurance policy. The insurer rejected the claim, alleging that the vehicle was being used as a taxi, which violated the policy's terms for private use. The District Consumer Disputes …

ANEETA HADAversusM/S. GODFATHER TRAVELS & TOURS PVT. LTD.

2008 INSC 610Matter referred to larger bench

The appellant, an authorized signatory of M/s. Intel Travels, issued a cheque on behalf of the company which was later dishonoured. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, but the company was not named as an accused. The High Court dismissed the …

NARESH KAVARCHAND KHATRIversusSTATE OF GUJARAT & ANR.

2008 INSC 611Appeal(s) allowed

The appellant filed an FIR at Vadodara Police Station on 23 December 2006 alleging cheating and related offences by the respondents for canceling a child's admission after receiving a large sum of money. The Vadodara police began investigation, but the appellant applied to the Gujarat High Court on …

STATE OF PUNJAB & ORS.versusBHAJAN KAUR & ORS.

2008 INSC 612Dismissed

The appeal concerned an accident that occurred in 1983 for which a claim under Section 92‑A of the Motor Vehicles Act, 1939 was awarded. The State of Punjab sought to increase the compensation by invoking Section 140 of the Motor Vehicles Act, 1988, which raised the no‑fault liability amount. The …

ANDHRA BANKversusANDHRA BANK OFFICERS & ANR.

2008 INSC 613Case Allowed

Andhra Bank, a "new bank" under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, had a scheme (Regulation 26) that treated travel between an officer's residence and office as official, allowing reimbursement. In 1990 the Central Government issued a circular stating such …

M/S. DEEPAK AGRO SOLUTION LTD.versusCOMMISSIONER OF CUSTOMS, MAHARASHTRA

2008 INSC 614Appeal(s) allowed

M/s Deepak Agro Solution Ltd. imported 200 MT of "Brimstone 90", a product containing about 90 % sulphur and 10 % bentonite, and classified it under Customs Tariff Heading 25.03 (unrefined sulphur). The Deputy Commissioner of Customs re‑classified the goods under Heading 38.08, which deals with …

H.V. NIRMALAversusKARNATAKA STATE FINANCIAL CORPORATION & ORS.

2008 INSC 615Dismissed

The appellant, a Group A officer of Karnataka State Financial Corporation, was dismissed after a disciplinary enquiry conducted by a legal advisor appointed as Enquiry Officer. She challenged the validity of the appointment and the Managing Director’s transfer of the proceedings to the Board of …

THOTA LAKSHMI VENKATA BALAversusMUTTAMSETTI SEETHAMMA

2008 INSC 616Dismissed

The appellant, Thota Lakshmi Venkata Bala, executed a sale agreement on 19‑August‑1991 to sell land to the respondent, Muttamsetti Seethamma, for Rs.1.5 lakh as discharge of a loan. She later cancelled the deed, claimed only Rs.1 lakh had been received and demanded the remaining Rs.50,000 with …

MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.

2008 INSC 606Disposed off

Maninderjit Singh Bitta filed a writ petition seeking the implementation of the High Security Registration Plate (HSRP) scheme, which the Supreme Court had earlier mandated in Association of Registration Plates v. Union of India (2005). The petitioner alleged that despite the 2001 notifications and …

STATE OF HARYANAversusGURBAX SINGH (DEAD) BY LRS & ANR. ETC.

2008 INSC 617Disposed off

The State of Haryana acquired 185 kanals of land from villages Ratgal, Sunderpur and Palwal for a government Ayurvedic college under the Land Acquisition Act, 1894. The Collector initially awarded Rs 40,000 per acre for chahi land and Rs 25,000 per acre for gair mumkin land; the Additional District …

P. VENUGOPALversusUNION OF INDIA

2008 INSC 607Case Allowed

Dr. P. Venugopal, then Director of AIIMS, challenged a proviso added by the All India Institute of Medical Sciences (Amendment) Act, 2007 which terminated his five‑year tenure prematurely and offered only three months' compensation. The Supreme Court examined whether the proviso, which applied only …

M/S. M.B. PATEL & CO.versusOIL & NATURAL GAS COMMISSION

2008 INSC 618Dismissed

M.B. Patel & Co., a contractor, obtained an arbitration award on 03‑05‑1985 against the Oil & Natural Gas Commission (ONGC) for various monetary claims, including compensation for delays, illegal deductions, and interest. The High Court of Gujarat set aside the award, holding that the arbitrator had …

STATE OF RAJASTHANversusUDAI LAL

2008 INSC 619Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Udai Lal, who had been convicted by a Special Judge under Sections 8 and 15 of the NDPS Act for possession of 119 bags of poppy husk powder seized from his truck. The High Court set aside the conviction, holding that the prosecution evidence was …

M. NATARAJANversusSTATE BY INSPECTOR OF POLICE, SPE, CBI, ACB CHENNAI

2008 INSC 600Dismissed

The appellant, M. Natarajan, was charged under IPC sections 120B, 420, 467 and 471, and the Prevention of Corruption Act for preparing fabricated documents that facilitated the customs clearance of an imported car under the Transfer of Residence scheme. He claimed that the Kar Vivad Samadhan Scheme …

RAJASTHAN STATE ELECTRICITY BOARDversusUNION OF INDIA & ORS.

2008 INSC 601Case Allowed

The Rajasthan State Electricity Board (RSEB) had booked railway rakes for coal transport in 1992 and paid Rs.3,56,69,671 by mistake, a liability that the Union of India expressly admitted. RSEB filed a writ petition in the Bombay High Court, which dismissed the petition on the sole ground that an …

UNION OF INDIAversusC.N. VASUDEVAN

2008 INSC 602Case Allowed

C.N. Vasudevan, a Regional Passport Officer in Ahmedabad, was also assigned the duties of Protector of Emigrants under the Emigration Act, 1983. He filed an application before the Central Administrative Tribunal seeking an honorarium for the additional responsibilities, which the Tribunal granted; …

TARAKANATH KARversusLIPIKA KAR

2008 INSC 603Appeal(s) allowed

The appellant, Taraknath Kar, a court employee, was alleged to have married twice—first to Chandana and later to Lipika, who filed a maintenance suit under Section 125 of the CrPC. The trial court granted maintenance to Lipika, but the High Court set aside that order and directed a fresh hearing. …

M/S. ASSOCIATED CONSTRUCTIONversusPAWANHANS HELICOPTERS PVT LTD

2008 INSC 604Appeal(s) allowed

The appellant, Mis. Associated Construction, entered into a construction contract with the respondent, Pawanhans Helicopters, which required completion within four months. Delays caused by the respondent led the appellant to issue a "No Dues Certificate" under alleged economic duress and later claim …

UNION OF !NOIAversusS.P. SINGH

2008 INSC 605Dismissed

S.P. Singh, an Indian Revenue Service officer, applied for voluntary retirement effective 1 September 2005. While his retirement was pending, a suspension order dated 30 August 2005 was issued but was first dispatched to Nagpur, an address where Singh was not residing; he was actually in Noida. The …

COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAMversusJOSEPH VALAKUZHY

2008 INSC 587Dismissed

The appellant, the Commissioner of Income Tax, challenged the assessment of film producer Joseph Valakuzhy who claimed a carry‑forward of amortisation expenses under Rule 9A of the Income Tax Rules for a feature film that was not exhibited for 180 days and did not recover its production cost. The …

LALIT KUMAR SHARMA AND ANR.versusSTATE OF U.P. & ANR.

2008 INSC 589Case Allowed

Mis. Mediline India (P) Ltd obtained a loan of Rs.5,00,000 and issued two cheques which bounced for insufficient funds. A complaint under Section 138 of the Negotiable Instruments Act and Section 420 IPC was filed against two directors, Ashish Narula and Manish Arora, who were later convicted. While …

R & B FALCON (A) PVT. LTD.versusCOMMISSIONER OF INCOME TAX

2008 INSC 590Case Partly allowed

R & B Falcon (A) Pvt. Ltd., an Australian company supplying offshore drilling rigs and crew, provided free air and helicopter transport for its foreign‑resident employees from their home countries to the rig in India and back. The company sought an advance ruling which held that the transport …

THE TELEPHONE DISTRICT MANAGER & ORS.versusKESHAB DEB

2008 INSC 592Disposed off

Keshab Deb was appointed as a casual daily‑wage driver in the Directorate of Telecommunications, Dimapur, and was terminated allegedly for misconduct after a brief imprisonment. He filed a writ petition alleging violation of Section 25‑F of the Industrial Disputes Act, 1947 and seeking …

C.K. PRAHALADA & ORS.versusSTATE OF KARNATAKA & ORS.

2008 INSC 593Dismissed

The appellant sought the return of articles seized by a hospital after the death of his brother, but the hospital required a succession certificate. A succession certificate was issued in the appellant's favour, yet the hospital did not return the articles. The appellant filed a suit, which was …

NATIONAL INSURANCE CO. LTD.versusYELLAMMA & ANR.

2008 INSC 594Case Partly allowed

The insurer, National Insurance Co. Ltd., issued a cover note for a mini‑bus after receiving a third‑party cheque for the premium, but the cheque was never encashed and the cover note was cancelled. The bus met with an accident and the victim, Yellamma, claimed compensation under s.166 of the Motor …

SUDHIR KUMAR RANAversusSURINDER SINGH & ORS.

2008 INSC 595Case Allowed

The appellant, a 17‑year‑old minor, was riding a two‑wheeler without a licence when he collided with a mini‑truck driven rashily by the respondent. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 30,000 but reduced it to Rs …

JASWANT SINGH LAMBAversusHARYANA AGRICULTURAL UNIVERSITY & ORS.

2008 INSC 596Dismissed

The appellant, Jaswant Singh Lamba, challenged a High Court order dated 23.11.1992 that regularised the services of two respondents appointed ad hoc in 1982, thereby affecting his seniority. He filed a review petition, arguing that he was unaware of the order and that the petition should be …

COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY & ANR.versusTHOMAS P. JOHN & ORS.

2008 INSC 585Appeal(s) allowed

The Cochin University of Science & Technology (Cochin University) introduced a B.Tech. programme in 1995 reserving 10% seats for NRI students, charging them a one‑time development fee of US$5,000 and a semester fee of Rs.20,000, while other students paid only Rs.20,000 per semester. In 1996‑97 the …

KOTIKALAPUDI SUBBA RAOversusSTATE OF AP. & ANR.

2008 INSC 597Appeal(s) allowed

The appellant borrowed Rs.30,000 from the deceased and, after refusing to repay, was slapped and threatened the deceased. The following day the appellant, with two accomplices, attacked the deceased with knives, causing his death, and grievously injured a bystander (PW1). The trial court convicted …

INDIAN MERCANTILE I.B. ASSON. (TENANTS)versusUNION OF INDIA AND ORS.

2008 INSC 598Case Allowed

The appellants, tenants under the Indian Mercantile Association, filed a writ petition under Section 103-A of the Maharashtra Housing and Area Development Act, 1976, seeking relief that the High Court dismissed on the ground that an alternative statutory remedy—an appeal—was available. The …

M/S. YASHA OVERSEASversusCOMMISSIONER OF SALES TAX & ORS.

2008 INSC 586Dismissed

The Supreme Court examined a batch of six appeals concerning the taxability of Replenishment Licences (REP licences) and the Duty Entitlement Passbook (DEPB) scheme under various State sales tax statutes. The appellants argued that the three‑judge decision in Vikas Sales Corporation v. Commissioner …

SITARAM AGARWAL & ANR.versusSUBARATA CHANDRA & DAMKRISHNA DHARA & ORS.

2008 INSC 599Dismissed

The father of the respondents purchased land as the shebait of the deity Sri Sri Durgamata Thakurani and later sold it to the appellants. The appellants sought to enforce the sale, while the respondents claimed the land was a debutter (charitable endowment) and that the shebait could not validly …

UNION OF INDIAversusPRABHAKARAN VIJAYA KUMAR & ORS.

2008 INSC 577Dismissed

The Supreme Court examined a claim for compensation under the Railways Act, 1989 after a bona‑fide passenger, Smt. Abja, fell onto the tracks while trying to board a moving train and was run over. The issue was whether such a fall fell within the expression “accidental falling of a passenger from a …

COMMISSIONER OF TRADE TAX, U.P.versusASSOCIATED DISTRIBUTORS LTD.

2008 INSC 578Case Allowed

The Commissioner of Trade Tax, Uttar Pradesh assessed a 10% sales tax on bubble‑gum, treating it as an unclassified item, while the assessee argued it should be taxed at 6.25% as a sweetmeat (mithai) or confectionery. The First Appellate Court and the High Court held bubble‑gum to be a confectionery …

RAM KUMARversusCENTRAL BUREAU OF NARCOTICS

2008 INSC 579Dismissed

During a routine inspection of a bus, a Superintendent and an Inspector of the Narcotics Department seized brown sugar from the exclusive possession of the appellant and a co‑accused. The seized material was sampled, sealed and sent to a laboratory, which confirmed it to be brown sugar, and the …

NHALIYAM MAKKIL RAVEENDRANversusSTATE OF KERALA

2008 INSC 580Disposed off

The appellant was caught on 13 August 1999 in possession of four litres of arrack, packaged in forty 100‑ml packets, while attempting to flee from police in Kerala. He was convicted by the trial court under section 55(a) of the Kerala Abkari Act, 1077 and sentenced to three years' simple …

ASHOK KUMAR CHAUDHARY & ORS.versusSTATE OF BIHAR

2008 INSC 581Case Partly allowed

The appellants were convicted under IPC §§ 324, 307 and 34 for assaulting victims in a market. They challenged the convictions on the grounds that the prosecution relied on testimony of relatives of the victim, that no independent public witnesses were examined, that there was an inordinate delay in …

MADHUBANversusSTATE OF U.P.

2008 INSC 582Case Allowed

The appellant was convicted of murder and related offences under Sections 302, 323, 394 read with Section 34 of the IPC for the killing of a father and son. The High Court affirmed the conviction but, according to the appellant, decided the appeal without hearing his counsel, who was unable to make …

JALADI SUGUNA (DECEASED) THROUGH LRS.versusSATYA SAI CENTRAL TRUST & ORS.

2008 INSC 583Directions issued

In a civil suit, Jaladi Suguna obtained a decree declaring a gift deed void. The Trust appealed, but Suguna died during the pendency of the appeal. The High Court proceeded to hear the appeal and, after hearing rival claims to her estate, set aside the decree in favour of the Trust without first …

NIYAS AHMAD KHANversusMAHMOOD RAHMAT ULLAH KHAN & ANR.

2008 INSC 584Case Allowed

The tenant's rent was fixed at Rs.150 per month under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlords sought eviction on the ground of bonafide requirement, but the eviction petition was dismissed by the prescribed and appellate authorities. The …

M.V. JANARDHAN REDDYversusVIJAYA BANK & ANR.

2008 INSC 572Case Partly allowed

The appellant, M.V. Janardhan Reddy, purchased a property of a company in liquidation at a public auction. The sale was to be confirmed by the Company Court, but the Recovery Officer of the Debt Recovery Tribunal confirmed it without court approval. The Company Court later set aside the sale, a …

STATE OF U.P. & ANR.versusU.P. RAJYA KHANIJ VIKAS NIGAM S.S. & ORS.

2008 INSC 573Appeal(s) allowed

The Uttar Pradesh State Mineral Development Corporation decided to retrench about half of its workforce, prompting the employees' Samiti to file a writ petition under Article 226 seeking absorption in other government departments or public sector undertakings and compensation. The Allahabad High …

BABULAL BADRIPRASAD VARMAversusSURAT MUNICIPAL CORPORATION & ORS.

2008 INSC 574Dismissed

The appellant, a tenant of a plot acquired for a road‑widening scheme, challenged the final allotment of re‑allotted plots on the ground that he had not been served a special notice as required by Sections 52 and 53 of the Gujarat Town Planning and Urban Development Act. The Court held that Rule 26 …

HARENDRA SARKARversusSTATE OF ASSAM

2008 INSC 575Matter referred to larger bench

In December 1992, during communal riots triggered by the demolition of the Babri Masjid, an armed mob entered the house of Taheruddin, killing his wife and two young daughters and injuring several family members. The trial court convicted eight accused under IPC sections 302, 134 and 448, but the …

STATE BANK OF INDIA AND ORS.versusS.N. GOYAL

2008 INSC 576Appeal(s) allowed

The case involved S.N. Goyal, a Branch Manager of State Bank of India, who was found guilty of temporarily misappropriating customers' funds. The disciplinary authority first recommended a reduction in pay, which the appointing authority tentatively approved but did not communicate. After consulting …

BHARAT GLASS TUBE LIMITEDversusGOPAL GLASS WORKS LIMITED

2008 INSC 565Dismissed

Bharat Glass Tube Ltd. sought cancellation of Gopal Glass Works Ltd.'s design registration (Design No. 190336) on the ground that the design was not new or original, alleging prior publication in Germany and the United Kingdom. The Assistant Controller cancelled the registration, but the Calcutta …

GURUSWAMY NADARversusP. LAKSHMI AMMAL (D) THROUGH LRS. & ORS.

2008 INSC 566Dismissed

The plaintiff entered into a sale agreement with the first defendant, paid earnest money but failed to pay the balance, and filed a suit for specific performance on May 3, 1975. Two days later the first defendant sold the same property to the appellant for a higher price and gave possession. The …

MAN SINGHversusSTATE OF HARYANA & ORS.

2008 INSC 567Appeal(s) allowed

The appellant, a Sub‑Inspector, was punished for dereliction of duty after a Head Constable under his charge was caught transporting liquor in a government vehicle. While the Head Constable was later exonerated in criminal court and his departmental punishment set aside, the appellant's punishment …

SUDHIR KUMAR BHALLAversusJAGDISH CHAND ETC. ETC.

2008 INSC 568Disposed off

Sudhir Kumar Bhalla, a partner of a trading firm, issued six cheques to Jagdish Chand and his wife Ramesh Rani for payment of goods. Five of the cheques were dishonoured, leading the respondents to file complaints under Section 138 of the Negotiable Instruments Act and various provisions of the IPC. …

MAHANT DOOJ DAS (DEAD) THROUGH LR.versusUDASIN PANCHAYATI BARA AKHARA & ANR.

2008 INSC 569Case Allowed

The plaintiff, Mahant Dooj Das (deceased) through legal representatives, sued to declare title and cancel a sale deed concerning lands he claimed as heir and successor of Mahant Tahal Dass. The defendants argued that the lands were agricultural areas demarcated under the Uttar Pradesh Urban Areas …

ILA VIPIN PANDYAversusSMITA AMBALAL PATEL & ANR.

2008 INSC 570Dismissed

The appellant filed a testamentary petition for letters of administration of her late husband's estate, which was converted into a testamentary suit after respondent No.1 filed a caveat. Respondent No.2, the appellant’s counsel, filed a miscellaneous application alleging perjury by the appellant and …

RELIANCE INFOCOMM LTDversusBHARAT SANCHAR NIGAM LTD. & ORS.

2008 INSC 557Dismissed

The Supreme Court examined Reliance Infocomm Ltd.'s challenge to BSNL's demand for Access Deficit Charges (ADC) on its "Unlimited Cordless" service, arguing that the service should be classified as Fixed Wireless Local Loop (WLL(F)) and thus exempt from ADC. The Court considered the definitions in …

M/S. PUNJAB AROMATICSversusSTATE OF KERALA

2008 INSC 558Case Allowed

The appellant, Punjab Aromatics, purchased "red oil" from unregistered dealers and purified it by removing water and impurities to obtain "sandalwood oil". The Department argued that this purification constituted consumption of red oil in the manufacture of sandalwood oil, attracting purchase tax …

BABU SINGH & ORS.versusRAM SAHAI @ RAM SINGH

2008 INSC 559Case Allowed

The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not …

MANDALI RANGANNA & ORS. ETC.versusT. RAMACHANDRA & ORS.

2008 INSC 560Dismissed

The appellants filed a suit seeking a declaration that certain Bangalore properties were joint family assets, along with a preliminary decree of partition and a permanent injunction restraining the defendants from constructing or alienating the land. The defendants contended that the properties had …

SUSHILA RAJE HOLKARversusANIL KAK (RETD.)

2008 INSC 561Dismissed

The dispute arose from a lease agreement where Sushila Raje Holkar leased 16,000 sq ft of a 4.8‑acre property to Anil Kak (Retd.) and claimed that the remaining 1,27,721.6 sq ft was also covered by the lease. The respondent filed suits for specific performance and injunction, while the petitioner …

TATA TELESERVICES LTD.versusBHARAT SANCHAR NIGAM LTD. AND ORS.

2008 INSC 562Dismissed

BSNL demanded Access Deficit Charges (ADC) from Tata Teleservices for its 'Walky' service for the period 14‑Nov‑2004 to 26‑Aug‑2005, alleging that the service should be classified as Wireless Local Loop Mobile (WLL(M)) and thus liable to ADC. Tata contended that 'Walky' was a fixed wireless (WLL(F)) …

PUNJAB NATIONAL BANK BY CHAIRMAN & ANR.versusASTAMIJA DASH

2008 INSC 563Disposed off

Astamija Dash, a Management Trainee at Punjab National Bank, was terminated after failing to pass the bank's confirmation test despite being given three attempts and citing pregnancy‑related health issues. She claimed discrimination because another trainee, Indubala, was allowed a fourth attempt. …

COMISSIONER OF CUSTOMS (IMPORTS) BOMBAYversusM/S. HICO ENTERPRISES

2008 INSC 537Dismissed

The Commissioner of Customs (Import) issued a show‑cause notice to M/s Hico Enterprises demanding recovery of duty on the basis of alleged contravention of conditions of Notification No. 203/92‑Cus relating to a Transferable Value Based Advance Licence (VABAL) that the appellant had purchased from …

KESAR SINGH & ANR.versusSTATE OF HARYANA

2008 INSC 541Case Partly allowed

The appellants Kesar Singh and another were excavating a foundation on land they owned when the victim, the father of a witness, demanded a passage. After being urged to "teach him a lesson," Kesar Singh struck the victim on the head with the reverse side of a spade, causing a serious head injury …

VISWANATHAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 542Disposed off

The Supreme Court examined a gang‑rape case where the victim, a married woman with two children, was found unconscious and naked after being chased and assaulted by six men. The victim suffered no external injuries, and the FIR was lodged a day after the incident. The Court held that lack of injury …

S. RAMA KRISHNAversusS. RAMI REDDY (D) BY HIS LRS. & ORS.

2008 INSC 543Case Allowed

The appellant issued two cheques to the original complainant, who later died. A complaint under Section 138 read with Section 142 of the Negotiable Instruments Act was filed, and an application for substitution of the deceased complainant was made but remained pending. Because the legal heirs of the …

A. SATYANARAYANA REDDY AND ORS.versusTHE PRESIDING OFFICER, LABOUR COURT, GUNTUR & ORS.

2008 INSC 539Matter referred to larger bench

The appellants, former employees of a government‑owned sugar undertaking, opted for a Voluntary Retirement Scheme (VRS) and received the special compensation prescribed by a Government Order. They later claimed lay‑off compensation for a period preceding the VRS, filing applications under Section …

HARDEO RAIversusSAKUNTALA DEVI AND OTHERS

2008 INSC 538Dismissed

In 1978 the appellant entered into a sale agreement with the respondent's father, representing that the land was already partitioned among co‑sharers and each held separate possession. The buyer paid part of the price and was given possession, but the seller failed to execute a sale deed, leading …

JAGMOHAN SINGHversusSTATE OF PUNJAB & ORS.

2008 INSC 540Disposed off

Jagmohan Singh applied for a free‑hold residential plot under PUDA's scheme, deposited the required earnest money and was allotted a plot. The letter of intent required him to pay 15% of the price within 60 days, extendable by 30 days, failing which the earnest money would be forfeited. He sought …

USHA BRECO MAZDOOR SANGHversusMANAGEMENT OF M/S. USHA BRECO LTD. AND ANR.

2008 INSC 544Dismissed

The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the …

GOVT. OF A.P. AND ORS.versusK. BRAHMANANDAM AND ORS.

2008 INSC 546Case Partly allowed

Seven teachers were appointed in a private‑management school without complying with the Andhra Pradesh Educational Institutions Rules, 1993 – no prior permission, no advertisement, and no approval of appointments. Their services were not approved and they received no salary, prompting writ petitions …

M/S. ORMI TEXTILES & ANR.versusSTATE OF U.P. & ORS.

2008 INSC 547Case Partly allowed

M/S Ormi Textiles, a partnership, obtained loans from the State Financial Corporation (SFC) secured by a mortgage on 800 sq. yards of its 1100 sq. yards industrial land. After the industrial unit became sick and defaulted, the SFC issued a notice under Section 29 of the State Financial Corporations …

CHANDRAKANT BADDIversusADDL. DIST. MAGISTRATE & POLICE COMMNR. & ORS.

2008 INSC 548Appeal(s) allowed

The appellant was detained for one year under Section 3(2) of the Karnataka Prevention of Dangerous Activities Act, 1985. The Karnataka High Court quashed the detention order on 1 September 2006, releasing him, but later set aside its own order on 30 March 2007 and directed the police to take the …

M/S. HOLANI AUTO LINKS PVT. LTDversusSTATE OF MADHYA PRADESH

2008 INSC 549Dismissed

M/s. Holani Auto Links Pvt. Ltd. entered into a dealership agreement with Castrol India Ltd. and stored over 33,000 litres of engine oil at its premises. The State Food Department seized the oil and, under the Madhya Pradesh Essential Commodities (Exhibition of Price & Price Control) Order, 1977, …

UDAYKUMAR PANDHARINATH JADHAV @ MUNNAversusSTATE OF MAHARASHTRA

2008 INSC 550Case Partly allowed

Udaykumar Pandharinath Jadav (Munna) was convicted under Section 302 IPC for the murder of Shivraj. Two eye‑witnesses testified, and one witness, in cross‑examination, stated that the deceased first attacked the accused with a knife, leading to a scuffle in which the accused disarmed and stabbed the …

SHRI RAM CHANDRA MISSION & ANR.versusP. RAJAGOPALACHARI & ORS.

2008 INSC 551Disposed off

The dispute concerned the spiritual heirship and control of the Shri Ram Chandra Mission, a religious society, after the death of its founder. Members of the society filed a suit seeking an ex‑parte injunction restraining P. Rajagopalachari from acting as President, which was later set aside by the …

KAMALA & ORS.versusK.T. ESHWARA SA & ORS.

2008 INSC 552Case Allowed

The appellants filed a partition suit seeking declaration of their share in joint family property, relying on a preliminary decree that had earlier fixed their share. The respondents moved an application under Order VII Rule 11(d) of the CPC seeking rejection of the plaint on the ground that the …

ORIENTAL INSURANCE CO. LTD.versusZAHARULNISHA & ORS.

2008 INSC 553Case Partly allowed

The Motor Accident Claims Tribunal awarded Rs. 3,01,500 as compensation to the family of Shukurullah, who died after being hit by a scooter driven by Ram Surat, who held only a Heavy Motor Vehicle licence and not a valid licence for a two‑wheeler. Oriental Insurance Co. Ltd., the insurer of the …

ORIENT CERAMICS & INDIA LTD.versusCOMMISSIONER OF CUSTOMS, NEW DELHI

2008 INSC 554Dismissed

Orient Ceramics & India Ltd imported two consignments of tiles and claimed they were unglazed porcelain tiles under tariff heading 6907.90, which is freely importable without a licence. Physical examination and tests by the Central Revenue Control Laboratory (CRCL) showed the tiles were glazed, …

HAWKINS COOKERS LIMITEDversusSTATE OF KERALA

2008 INSC 555Dismissed

Hawkins Cookers Ltd manufactured aluminium cookware coated with satilon (and later tuflon), which makes the products non‑stick. The issue before the Supreme Court was whether such cookware should be taxed under Entry 5 of the First Schedule of the Kerala General Sales Tax Act, 1963 as “aluminium …

MACHINDRANATH KERNATH KASARversusD.S. MYLARAPPA & ORS.

2008 INSC 556Dismissed

A bus owned by the Karnataka State Road Transport Corporation collided with a truck, injuring several passengers and the bus driver. Both the passengers and the driver filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. The Tribunal held …

YOGESH @ SACHIN JAGDISH JOSHIversusSTATE OF MAHARASHTRA

2008 INSC 534Appeal(s) allowed

The appellant, a minor at the time, was alleged to have conspired with his family members, an employee and a friend to murder Kunal Parihar, the complainant's son, based largely on threatening phone calls and a motive of a disputed marriage. The prosecution charged the appellant and fifteen others …

DINESH M.N. (S.P.)versusSTATE OF GUJARAT

2008 INSC 532Dismissed

The appellant, a senior IPS officer of Rajasthan, was arrested in connection with the alleged fake encounter killings of Sohrabuddin and his wife. The trial court granted him regular bail under Section 439 of the Cr.P.C., relying on the accused's clean service record and the alleged criminal …

DR. NARENDRA K AMINversusSTATE OF GUJARAT AND ANR.

2008 INSC 533Dismissed

Dr. Narendra Kamin, accused in the Sohrabuddin fake‑encounter case and charged with several serious offences under the IPC and the Arms Act, was granted bail by the Additional City and Sessions Judge. The State of Gujarat filed an application under Section 439(2) of the Code of Criminal Procedure to …

SUNEET GUPTAversusANIL TRILOKNATH SHARMA & ORS.

2008 INSC 535Dismissed

The appellant, Suneet Gupta, entered into a partnership with M/s K.M. Agencies, which later faced a dispute when the other partner joined M/s Mangla Agencies and allegedly misrepresented the firm's status to the principal, Johnson & Johnson, resulting in payment to the latter firm. Gupta filed a …

JAGDISH SINGHversusMADHURI DEVI

2008 INSC 536Case Allowed

The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 on the grounds of desertion and cruelty. The Family Court examined the evidence in detail and granted the decree of divorce. The wife appealed, and the High Court set aside the Family Court's decree, holding …

SHIV PRASADversusGOVERNMENT OF INDIA & ORS.

2008 INSC 531Disposed off

The appellant, Dr. Shiv Prasad, applied for the post of Associate Professor in the Department of Mathematics of Roorkee University and was recommended for that post. Respondent No.4, Dr. Madhu Jain, applied for the Assistant Professor position and was selected under the university's combined cadre …

ANIL KAKversusKUMARI SHARADA RAJE & ORS.

2008 INSC 516Dismissed

Maharani Sharmishthabai Holkar executed a detailed Will on 4 November 1992 that referred to three appendices containing the specific distribution of her assets. The appendices were not signed by the attesting witnesses and were not in existence at the time of execution. Applications for probate were …

NATIONAL TEXTILE CORPORATION (M.P.) LTD.versusM.R. JHADAV

2008 INSC 517Case Allowed

The National Textile Corporation (M.P.) Ltd. issued a Voluntary Retirement Scheme (VRS) effective 31 July 2000. M.R. Jadhav applied for the scheme on 16 May 2000 and obtained administrative clearance, but the corporation never communicated a final decision or acceptance, citing lack of funds. Jadhav …

A. SATYANARAYANA & ORS.versusS. PURUSHOTHAM & ORS.

2008 INSC 518Appeal(s) allowed

The case concerned the Andhra Pradesh Secretariat Service Rules which limited the number of Private Secretaries (PS) who could be promoted to Assistant Secretary and higher posts to ten at any given time, despite a statutory quota of 14:1 between Section Officers (SO) and PS. The PS challenged the …

M/S. SUPER POLY FABRIKS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PUNJAB

2008 INSC 519Case Partly allowed

M/S Super Poly Fabriks Ltd entered into a "Consignment Stockistship Agreement" with GAIL. The Commissioner of Central Excise issued a show‑cause notice demanding service tax, alleging that the company acted as a clearing and forwarding (C&F) agent under Section 65(25) of the Finance Act, 1994. The …

CORRESPONDENT, ST. MICHAEL'S T.T.IversusV.N. KARPAGA MARY & ORS.

2008 INSC 520Case Partly allowed

The respondent, a teacher appointed in 1977 with the requisite qualifications, was terminated in 1995 after a 1994 Government Order raised the qualification standards for teachers. The termination was challenged before the High Court, which quashed the order and awarded back wages, holding that the …

RAJASTHAN SRTC & ORSversusMOHAR SINGH

2008 INSC 522Dismissed

The Rajasthan State Roadways Transport Corporation, a statutory corporation created under the Road Corporation Act, 1951, dismissed driver Mohar Singh for alleged misconduct and the dismissal was upheld by its appellate authority. Singh filed a civil suit in the Additional Munsif Court challenging …

ANJAN1 KUMARversusSTATE OF BIHAR AND ANR.

2008 INSC 523Case Allowed

The appellant, a public servant, conducted a raid on a medical shop and seized medicines, later filing an FIR against respondent No.2. In retaliation, respondent No.2 lodged a complaint alleging the appellant had committed offences under IPC sections 161, 167, 465, 466, 469 and 471. The District …

WILLIAMSversusLOURDUSAMY & ANR.

2008 INSC 524Appeal(s) allowed

The appellant, Williams, claimed title to a parcel of land based on a registered deed of sale from respondent No.2. Respondent No.1 sued for a permanent injunction, asserting ownership through an oral agreement of sale with respondent No.2, but respondent No.2 was not impleaded. The trial court …

OM PARKASH BATISHversusRANJIT @ RANBIR KAUR AND OTHERS

2008 INSC 525Case Allowed

The appellant, Om Parkash Batish, owned a residential building and had engaged a casual worker, Ram Lal, for a short period to carry out repair work. While on the roof of an adjoining textile mill, Ram Lal suffered an electric shock and died. The respondents filed a claim for compensation under the …

K.P. MOHAMMED SALIMversusCOMMISSIONER OF INCOME-TAX, COCHIN

2008 INSC 526Dismissed

The Income Tax Department conducted searches at the premises of K.P. Mohammed Salim and his associates and, to facilitate coordinated investigation, the Chief Commissioner transferred the cases to the Calicut Investigation Circle under Section 127(2) of the Income Tax Act. The Assessing Officer then …

T. NAGAPPAversusY.R. MURALIDHAR

2008 INSC 527Case Allowed

T. Nagappa was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque. He applied to the magistrate, invoking Section 243 of the Code of Criminal Procedure (mistakenly cited as Section 293), seeking to have the cheque examined by the Forensic Science Laboratory to …

SMT. HEENA KAUSARversusCOMPETENT AUTHORITY

2008 INSC 528Dismissed

The wife of a man detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act was served a show‑cause notice under Chapter V‑A of the NDPS Act for alleged illegal acquisition of properties. The Appellate Tribunal ordered confiscation of the flats; the Bombay …

THE MANAGING DIRECTOR, STATE BANK OF HYDERABAD AND ANR.versusP. KATA RAO

2008 INSC 529Dismissed

The Managing Director of State Bank of Hyderabad initiated departmental proceedings against P. Kata Rao, an employee, on twelve charges, some of which overlapped with criminal charges for which he was later acquitted. The enquiry officer found him guilty of most charges and the appointing authority …

AFAQ HUSAINversusUPSRTC & ANR.

2008 INSC 530Dismissed

Afaq Husain, a conductor appointed on an ad‑hoc, daily‑wager basis by the U.P. State Road Transport Corporation, was given a three‑month contract in 1976 and terminated thereafter with one month’s notice pay. He raised an industrial dispute in 1982; the Labour Court, assuming continuous service from …

ASST. COMMNR. OF COMMERCIAL TAXES & ORS.versusRUCHI SOYA INDUSTRIES LTD.

2008 INSC 521Disposed off

The Commercial Tax Officer seized the books and documents of Ruchi Soya Industries Ltd. under Section 66 of the West Bengal Sales Tax Act, 1994 on 18 October 2000. As the investigation could not be completed within the statutory one‑year period, the Additional Commissioner extended the retention of …

NOORJAHANversusSTATE REP. BY D.S.P.

2008 INSC 515Case Allowed

The appellant, the aunt of the husband, was convicted under Section 498A of the IPC for allegedly participating in dowry demand that led to the death of the wife. The prosecution alleged that the husband, his brother, and the aunt demanded jewellery and cash, and that the husband and brother …

B.L. ARORAversusCHAIRMAN AND MANAGING DIRECTOR, SYNDICATE BANK

2008 INSC 505Dismissed

B.L. Arora, a former short‑service commissioned officer of the Indian Army, joined Syndicate Bank in 1976. Upon voluntary retirement in 2001 he claimed that his army service should be counted as qualifying service for the purpose of computing his pension and gratuity. The Bank rejected the claim …

REGIONAL PROVIDENT FUND COMMISSIONERversusBHAVANI

2008 INSC 506Dismissed

Bhavani, a former employee of a Kerala cashew factory, claimed pension under the Employees' Pension Scheme, 1995, asserting she retired on 31‑12‑1995 based on her employer's service records showing her date of birth as 31‑12‑1935. The Regional Provident Fund Commissioner relied on its own records, …

EXCISE COMMISSIONER & ORS.versusAJITH KUMAR & ANR.

2008 INSC 507Dismissed

The respondents, Ajith Kumar and another, were licencees under the Kerala Abkari Act for the period 1‑April‑1993 to 31‑March‑1994, after which their licence was cancelled and the shop was placed under department management. The department collected Rs 31,49,288 as abkari dues, which the respondents …

P.D. LAKHANI AND ANR.versusSTATE OF PUNJAB AND ANR.

2008 INSC 508Case Allowed

The appellants, owners of Lakhani Rubber Udyog Ltd, lodged a complaint alleging trademark infringement by Saraswati Utpadan Pvt Ltd. The complaint was initially made to the Station House Officer (SHO), who directed the complainant to approach the Senior Superintendent of Police (SSP). The SSP …

ASHUTOSH CHATURVEDIversusPRANO DEVI @ PARANI DEVI & ORS.

2008 INSC 509Dismissed

The predecessor of the appellant filed a suit on 21 May 1990 for declaration of title, possession and setting aside a sale deed. During the pendency, two further sale deeds were executed, and an interim order of status quo was granted. Thirteen years later, on 11 June 2003, the appellant sought to …

MG. DIR., BANGALORE METROPOLITAN TPT. CORP.versusSAROJAMMA & ANR.

2008 INSC 510Case Partly allowed

The case involved a claim under Section 163‑A of the Motor Vehicles Act for the death of an 18‑year‑old tutor in a bus accident. The Motor Accident Claims Tribunal awarded compensation of Rs 3,84,000 using a multiplier of 16 and deducted one‑third of the deceased’s estimated monthly income of Rs …

ORIENTAL INSURANCE CO. LTD.versusRAJNI DEVI & ORS.

2008 INSC 511Case Partly allowed

The heirs of Janak Raj, who died in a motorcycle accident along with a pillion rider, filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicles Accident Claims Tribunal allowed the claim, treating the accident as arising from the use of the vehicle …

BATHULA NAGAMALLESWARA RAO & ORS.versusSTATE REP. BY PUBLIC PROSECUTOR

2008 INSC 512Dismissed

The case involved the murder of two villagers in Uddandarayunipalem, for which twelve accused were charged under various IPC provisions. The trial court convicted all except A-3 (who died) and the High Court upheld convictions of A-1, A-2, A-10, A-11 and A-12 while acquitting A-4 to A-9 on the …

N. LOKNATHAMversusCHAIRMAN, TELECOM COMMISSION & ORS.

2008 INSC 513Dismissed

The appellant, a Junior Accounts Officer, failed the Part‑II departmental examination and claimed that 65 marks of Paper‑IX were based on questions outside the prescribed syllabus. He filed an original application before the Central Administrative Tribunal (CAT) seeking a direction to award the …