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Supreme Court of India

Judgments of 2008

1,501 judgments, newest first — showing 1,001–1,200.

RATHNAIAHversusSTATE OF KARNATAKA

2008 INSC 34211 March 2008Case Allowed

The appellant, Rathnaiah, was convicted by a trial court for rape under Section 376 IPC and for offences under Sections 324 read with 34 and 342 read with 34, receiving a seven‑year rigorous imprisonment for the rape and shorter terms for the other offences. On appeal, the Karnataka High Court affirmed his conviction b

CHANDER KANTA BANSALversusRAJINDER SINGH ANAND

2008 INSC 34311 March 2008Dismissed

The appellant, Chander Kanta Bansal, sought to amend her written statement 18 years after a 1986 suit for a right of passage was filed, invoking Order VI Rule 17 of the CPC to introduce a 1982 partition agreement. The trial court allowed the amendment, but the Delhi High Court set aside that order, finding the amendmen

UTTAR GUJARAT S.R.V. SANGH LTD.versusM/S. MEHSANA DIST. CENT. CO-OP. BANK LTD. & ORS.

2008 INSC 33611 March 2008Case Allowed

The appellant, Uttar Gujarat SRV Sangh Ltd., was ordered by the Board of Nominees to pay Rs.77,786 with 18% interest to respondent No.3, after an injunction prevented it from paying respondent No.1. The appellant was impleaded in writ petitions filed by respondents No.1 and No.2 but was not served notice and thus was n

RAMESH SINGHversusUNION OF INDIA & ORS.

2008 INSC 33711 March 2008Dismissed

The petitioner, an employee of the Border Roads Organisation, filed a writ petition under Article 32 seeking parity in service benefits with army personnel and officers of the General Reserve Engineering Force. He argued that a prior Supreme Court decision (R. Viswan) mandated such parity. The Union of India contended

RAKESHversusSTATE OF M.P.

2008 INSC 16611 February 2008Case Partly allowed

The appellant Rakesh was convicted under Section 302 IPC for the murder of Kailash and sentenced to life imprisonment. He appealed, contending that the evidence did not establish his guilt and that the incident occurred in a sudden quarrel, invoking Exception 4 to Section 300 IPC to reduce the charge. The Supreme Court

SIRISIA STHAL, IMLI CHATI, MUZAFFARPUR & ORS.versusSTATE OF BIHAR & ORS.

2008 INSC 16711 February 2008Case Allowed

The appellants challenged the constitutionality of certain provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, specifically an amendment to Section 29 that removed an exemption for extra units used for religious rites. They contended that the amendment was not prot

M/S INTEL DESIGN SYSTEMS (INDIA) P. LTD.versusCOMMISSIONER OF CUSTOMS & CENTRAL EXCISE

2008 INSC 16811 February 2008Dismissed

MIS Intel Design Systems (India) Ltd. manufactures contractors, switches and control boxes that are supplied to the Ministry of Defence for use in tanks and armoured fighting vehicles. The company sought to have these items classified under Chapter 8710 of the Central Excise Tariff Act, 1985, arguing that they are part

GRAM PANCHAYAT, VILLAGE KUM KALANversusSTATE OF PUNJAB & ORS.

2008 INSC 16911 February 2008Case Allowed

The Gram Panchayat of Village Kum Kalan challenged a 1995 amendment (Amendment Act No. 8) to the Punjab Village Common Lands (Regulation) Act, 1961, which retrospectively validated land transfers that had been invalidated by a Supreme Court judgment in Gram Panchayat of Village Jamalpur v. Malwinder Singh. The amendmen

M. PURNACHANDER RAOversusSRI NAWAB MAZAHARUDDIN KHAN (D) THR. L.RS. & ORS.

2008 INSC 17011 February 2008Dismissed

The appellant, a bona‑fide purchaser of agricultural land in Raidurg, relied on a chain of title tracing back to the original estate holder. A suit filed in 1958 resulted in a preliminary decree that excluded certain items (including the appellant's land) from distribution because they were under revenue enquiry. After

MARIMUTHU & ORS.versusSTATE OF TAMIL NADU

2008 INSC 3911 January 2008Case Partly allowed

Seven persons were prosecuted for the murder of Chinnadurai, who had earlier testified against some of the accused. The trial court convicted all under Section 302 IPC. The Madras High Court acquitted three (Nos. 4, 6, 7) on the ground of benefit of doubt and upheld convictions of the remaining four (Nos. 1, 2, 3, 5) u

KULWINDER KAUR @ KULWINDER GURCHARAN SINGHversusKANDI FRIENDS EDUCATION TRUST AND ORS.

2008 INSC 4011 January 2008Case Allowed

The Kandi Friends Education Trust filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking to transfer a civil suit from the Civil Judge, Ropar, to the Additional Civil Judge, Chandigarh. The High Court transferred the suit without recording any reasons, without considering the plaintiff's all

C.V. SATHEESHCHANDRANversusGENERAL MANAGER, UCO BANK AND ORS .

2008 INSC 4111 January 2008Case Partly allowed

The appellant, a clerk promoted to Assistant Manager in UCO Bank, sought reversion to his clerical post after more than a year on probation. The bank granted reversion on conditions that he permanently lose any chance of promotion and be denied stagnation increments. The appellant challenged these conditions, arguing t

K.T. PALANISAMYversusSTATE OF TAMIL NADU

2008 INSC 4211 January 2008Case Allowed

The appellant, an astrologer, was convicted along with two others for the alleged murder of Somasundaram under sections 302, 1208, 34, 109, 379 and 201 of the IPC, based largely on circumstantial evidence that the deceased was last seen with the appellant and the recovery of a gold chain. No dead body was ever recovere

BRAJENDRA SINGHversusSTATE OF M.P. AND ANR.

2008 INSC 4311 January 2008Dismissed

Mishri Bai, a crippled Hindu woman married to Padam Singh, lived separately from her husband and in 1970 claimed to have adopted Brajendra Singh, seeking to treat them as a joint family to retain excess agricultural land under the Madhya Pradesh Ceiling on Agricultural Holdings Act. The trial court and first appellate

KRISHNA JANARDHAN BHATversusDATTATRAYA G. HEGDE

2008 INSC 4411 January 2008Case Allowed

The appellant, a businessman, handed blank cheques to his former power‑of‑attorney partner and later disputed a loan of Rs 1.5 lakh allegedly advanced by the partner's brother‑in‑law, repaying it by an account‑payee cheque that later bounced. He was convicted under Section 138 of the Negotiable Instruments Act, with th

OSWAL WOOLEN MILLS LTDversusPUNJAB STATE ELECTRICITY BOARD & ANR.

2008 INSC 4611 January 2008Disposed off

In Oswal Woolen Mills Ltd. v. Punjab State Electricity Board & Anr., the company sought clarification on a prior judgment regarding the commencement date for payment of a surcharge under the Electricity (Supply) Act, 1948. The issue was whether the surcharge liability arose on 13 May 1992, the date of conversion of sup

LABH SINGH & ORS.versusBACHAN SINGH

2008 INSC 4711 January 2008Case Allowed

Lash Singh and others filed a suit for pre‑emption of agricultural land, claiming a superior right as a co‑sharer under Section 15(1) of the Punjab Pre‑emption Act, 1913. The vendor, Singh Ram, had sold half of the land, part of which was owned jointly with his sister Angrezo, a female. The trial court upheld the plain

EMP. STATE INSURANCE CORPORATIONversusH.M.T. LTD. AND ANR.

2008 INSC 4811 January 2008Case Allowed

The employer, H.M.T. Ltd., failed to deposit the Employees' State Insurance contributions within the statutory period, prompting the Employees' State Insurance Corporation (ESIC) to claim interest and damages under Section 858 of the Employees' State Insurance Act, 1948. The Karnataka High Court limited interest to two

BENJAMINversusSTATE REP. BY INSPECTOR OF POLICE

2008 INSC 4911 January 2008Dismissed

The appellant and two co‑accused were charged with murder under Section 302 IPC, with the third accused also charged under Section 34. On 25 November 1994, the deceased was assaulted with a wooden log by the appellant while the co‑accused restrained him and threatened a witness. The deceased sustained multiple severe h

FOOD CORPORATION OF INDIA & ANR.versusM/S SEIL LTD. & ORS.

2008 INSC 5011 January 2008Dismissed

The respondents, manufacturers of levy sugar, supplied the commodity to the Food Corporation of India (FCI) and the Uttar Pradesh Power Corporation Ltd. (UPPCF) under the Essential Commodities Act, 1955. After the Central Government sanctioned the respondents' claims, FCI withheld payment, citing alleged shortages of s

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

2008 INSC 141110 December 2008Appeal(s) allowed

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

IN RE: UNDER ARTICLE 317(1) OF THE CONSTITUTION OF B INDIA FOR ENQUIRY AND REPORT ON THE ALLEGATIONS AGAINST DR. H.B. MIRDHA, CHAIRMAN, ORISSA PSCversus.

2008 INSC 128210 November 2008Reference answered

The President, on a reference under Article 317(1) of the Constitution, sought a Supreme Court inquiry into allegations of misbehaviour against Dr. H.B. Mirdha, Chairman of the Orissa Public Service Commission, including concealment of his daughters' candidature, alleged threats to members, association with a private c

INSPECTOR OF POLICE, TAMIL NADUversusMUTHUSAMY AND ANR.

2008 INSC 102710 September 2008Dismissed

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 with s.34. The trial

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

2008 INSC 102810 September 2008Appeal(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 again rejected the EMR

KURIACHAN CHACKO & ORS.versusSTATE OF KERALA

2008 INSC 79510 July 2008Dismissed

The appellants, partners of a firm selling lotteries and magazines, floated a scheme promising investors a double return after the enrolment of 14 additional members. The police charged them under the Prize Chits & Money Circulation Scheme (Banning) Act, 1978 (sections 2(c), 3, 4, 5), the Reserve Bank of India Act, 193

BALJ NATHversusSTATE OF UTTAR PRADESH

2008 INSC 79610 July 2008Dismissed

Baijnath and his cousin Kalika Prasad were involved in a land dispute that was being settled by a village Panchayat. During the meeting Baijnath struck Kalika on the head with a lathi, causing severe head injury; Kalika later died from the injury. The trial court convicted Baijnath under Section 304 Part I of the India

BHUPINDER SINGHversusUNION TERRITORY OF CHANDIGARH .

2008 INSC 79710 July 2008Dismissed

Bhupinder Singh, already married, concealed his first marriage and married Manjit Kaur, who later discovered his prior marriage, gave birth, and filed a complaint. He was convicted by the trial court under Sections 376 and 417 IPC and sentenced to seven years' rigorous imprisonment. The High Court upheld the conviction

STATE OF RAJASTHANversusGULAB SINGH AND ORS.

2008 INSC 79810 July 2008Case Allowed

The deceased, Jyoti, was found dead with her hands and face tied and twelve ante‑mortem injuries on her body. The trial court convicted the accused under Section 302 read with Section 34 of the Indian Penal Code (IPC) for murder. On appeal, the Rajasthan High Court altered the conviction to Section 307 IPC (attempt to

M/S. STEEL AUTHORITY OF INDIA LTD.versusSALES TAX OFFICER, ROURKELA-1 CIRCLE AND ORS.

2008 INSC 79910 July 2008Case Allowed

Mis. Steel Authority of India Ltd, a public sector undertaking engaged in manufacture and inter‑state sale of iron and steel, was assessed under the Central Sales Tax Act, 1956 for the year 2001‑02 with a demand of Rs 19.25 crore. The company appealed the assessment before the Assistant Commissioner (first appellate au

ANITA DEVI AND ORS.versusSATYENDRA NARAIN SINGH AND ORS.

2008 INSC 80010 July 2008Case Allowed

The deceased, Pramod Kumar, died in a vehicular accident and his dependants filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal (MACT) awarded compensation based on a notional annual income of Rs.15,000, citing lack of concrete evidence of the deceased's

BACHAN SINGHversusUNION OF INDIA & ORS.

2008 INSC 80110 July 2008Dismissed

Bachan Singh, a Sepoy of the Indian Army, was tried by a General Court Martial (GCM) under the Army Act, 1950 for allegedly crossing the international border into Pakistan. The GCM found him guilty of an offence under Section 63, sentenced him to two years' imprisonment and dismissed him from service, and the sentence

DEEP CHANDRA JUNEJAversusSMT. LAJWANTI KATHURIA (DEAD) THROUGH LRS.

2008 INSC 80210 July 2008Dismissed

The appellant, Deep Chandra Juneja, occupied the ground floor of a house in Kanpur owned by Smt. Lajwanti Kathuria since 1972. The landlady filed a second release application under Section 21(1)(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for additional a

FAQIR CHAND GULATIversusUPPAL AGENCIES PVT. LTD. & ANR.

2008 INSC 80310 July 2008Appeal(s) allowed

The appellant, a landowner, entered into a "collaboration agreement" with the builder to construct a residential building and share the constructed area. The builder allegedly deviated from the sanctioned plan, failed to obtain a completion certificate and C&D forms, and did not rectify defects, prompting the landowner

LAKHWINDER SINGHversusUNION OF INDIA & ORS.

2008 INSC 80410 July 2008Dismissed

Lt. General Lakhwinder Singh, an Indian Army officer, was recommended twice by Special Selection Boards for promotion to the rank of Lieutenant General. The Central Government, acting as the appointing authority, rejected the recommendations, deeming him "unfit" because his profile was the weakest among the candidates

ATMA LINGA REDDY AND ORS.versusUNION OF INDIA

2008 INSC 80510 July 2008Dismissed

The petitioners, residents of Andhra Pradesh, filed a public interest litigation under Article 32 seeking to restrain Karnataka and a private company from constructing a Mini Hydro Power Project at the Rajolibanda Diversion Scheme, alleging water deprivation for drinking and irrigation. The respondents argued that the

SATISH SITOLEversusSMT. GANGA

2008 INSC 80610 July 2008Disposed off

Satish Sitole and Smt. Ganga were married on 22 May 1992. The wife left the matrimonial home in August 1994 and the parties lived apart for 14 years, during which they filed multiple suits including a dowry complaint under IPC 498‑A and a petition for divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act.

V.A. SHABEERversusP.A. NIAMATHULLA

2008 INSC 47410 April 2008Case Allowed

In the 2005 Alangad Block Panchayat election, V.A. Shabeer was declared elected from Ward No.2. The defeated candidate, P.A. Niamathulla, challenged the election alleging that the nomination papers were not delivered to a duly authorized officer and that Shabeer had not taken the required oath before a person authorize

M/S. MAURI YEAST INDIA PVT. LTD.versusSTATE OF U.P. AND ANOTHER

2008 INSC 47510 April 2008Appeal(s) allowed

Mauri Yeast India Pvt. Ltd., a manufacturer of yeast, had long classified its product as a "chemical" under Entry 21 of the Uttar Pradesh Sales Tax Notification and paid tax accordingly. In 2005 the assessing officer re‑classified yeast as an "unclassified item" and imposed a higher tax, a decision upheld by the appell

MAHESH S/O.JANARDHAN GONNADEversusSTATE OF MAHARASHTRA

2008 INSC 47610 April 2008Dismissed

Mahesh was accused of murdering his former lover Sunita and injuring her husband Sanjay and mother‑in‑law Nirmalabai. The trial court acquitted him, disbelieving the testimony of several relatives who were eye‑witnesses, on the ground that they were interested and lacked independent corroboration. The State appealed un

COMMISSIONER OF CUSTOMS, MUMBAIversusM/S. J.D. ORGOCHEM LIMITED

2008 INSC 47710 April 2008Dismissed

The Commissioner of Customs appealed against the judgment of the Customs, Excise & Service Tax Appellate Tribunal which had accepted M/s JD Orgochem Ltd.'s declared transaction value of US$13.2 per kg for imported dinitro crysazine, despite an earlier import at US$18.7 per kg. The assessing authority had rejected the d

MALAYALA MANORAMA CO. LTD.versusCOMMISSIONER OF INCOME TAX, TRIVANDRUM

2008 INSC 47810 April 2008Appeal(s) allowed

Malayala Manorama Co. Ltd. consistently claimed depreciation in its profit and loss account at the rates prescribed by the Income‑Tax Rules, not at the rates in Schedule XIV of the Companies Act. The Assessing Officer, invoking section 115J of the Income‑Tax Act, recomputed the company’s book profit by substituting the

M/S. GODAVARI FINANCE CO.versusDEGALA SATYANARAYANAMMA & ORS.

2008 INSC 47910 April 2008Case Allowed

The vehicle involved in a fatal accident was financed by M/s. Godavari Finance Co. under a hire‑purchase agreement, while the fourth respondent, Ch. Praveen Kumar, was the registered owner and in possession of the vehicle. The claimants filed a compensation claim against the driver, the owner, the insurer and the finan

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR.versusARVIND SONEKAR

2008 INSC 48010 April 2008Case Allowed

The New Okhla Industrial Development Authority (the Noida authorities) appealed against an order of the MRTP Commission directing it to refund the excess amount paid by Arvind Sonekar for a plot allotment. The respondent had earlier received a 1993 offer letter stating a rate of Rs.2750 per sq.mtr, which was not accept

U.P.C.U.E.F. LTD.versusCANE COMMISSIONER AND R.C.C.S. AND ORS.

2008 INSC 48110 April 2008Case Allowed

The appellant, a trade union of seasonal workers employed by a cooperative cane development union, challenged an order by the Cane Commissioner that redefined "crushing season" and thereby altered the period for which wages were payable. The amendment changed the definition from a fixed calendar period (1 Oct to 15 Jul

PONNUSAMYversusSTATE OF TAMIL NADU

2008 INSC 48210 April 2008Dismissed

The appellant, Ponnusamy, was married to Selvi and after a dispute over land she disappeared. He made extra‑judicial confessions to several villagers, admitting that he had murdered her and thrown her body into a canal. Following his confession, the police recovered the decomposed body, which was identified by jeweller

STATE OF U.P. & ANR.versusRAM ADHAR

2008 INSC 48310 April 2008Case Allowed

The respondent was appointed on an ad‑hoc basis as a stenographer for three months, with two extensions, and subsequently failed the qualifying test. He filed a writ petition seeking to remain in the post until a regular stenographer was appointed, and the Allahabad High Court allowed his continuation. The State appeal

MAHANT RAM KHILAWAN DASversusSTATE OF M.P.

2008 INSC 32910 March 2008Case Allowed

Mahant Ram Khilawan Das, a temple manager, claimed title to a temple and adjoining agricultural lands bequeathed by his guru and filed a suit for declaration of title and permanent injunction against the State of Madhya Pradesh. The trial court dismissed the suit, but the Additional District Judge allowed it; the State

STATE OF U.P. & ORS.versusCHAUDHARI RAN BEER SINGH & ANR.

2008 INSC 32810 March 2008Disposed off

The State of Uttar Pradesh challenged a High Court order that had interfered with the executive's decision to create a new district, Baghpat, under a notification issued pursuant to Section 11 of the Uttar Pradesh Land Revenue Act, 1901 and Section 21 of the Uttar Pradesh General Clauses Act, 1908. The High Court had d

HINDUSTAN ZINC LTD.versusBHAGWAN SINGH BHATI & ORS.

2008 INSC 33010 March 2008Appeal(s) allowed

The respondents, whose lands were acquired by Hindustan Zinc Ltd. for a residential colony, filed writ petitions seeking a direction that the company employ one member of each family, alleging an agreement containing such a clause. Hindustan Zinc contended that the employment clause existed only in agreements for land

U.P. STATE ROAD TRANSPORT CORPORATIONversusCOMPOTAR

2008 INSC 33110 March 2008Disposed off

The Motor Accident Claims Tribunal awarded Rs 8,11,351 with 6% interest to the claimant under the Motor Vehicles Act, 1988. The Allahabad High Court, on appeal, directed the U.P. State Road Transport Corporation to deposit the entire award and invest it for payment to the claimant, without providing reasons for this di

VENKATESHAPPAversusSTATE OF KARNATAKA AND ORS.

2008 INSC 33210 March 2008Disposed off

Venkateshappa filed a writ petition challenging the status of certain lands, contending they were inam lands under the Karnataka Land Reforms Act, 1961 and the Mysore Inam Abolition Act, 1954 (as amended). The Karnataka High Court Single Judge directed the Land Tribunal to first determine whether the lands were inam la

MAHABOOBversusMAKTUMSAB

2008 INSC 33310 March 2008Case Allowed

Mahaboob filed a suit seeking a declaration that he owned 7 acres and 10 guntas of land inherited by his father in a 1973 partition. The defendant argued that Mahaboob had overstated the area, claiming only 7 acres. The trial court, after evaluating oral and documentary evidence, decreed in Mahaboob's favour for 7.10 a

SITA RAM GUPTAversusPUNJAB NATIONAL BANK AND ORS.

2008 INSC 33410 March 2008Dismissed

The appellant, Sita Ram Gupta, had executed a guarantee with Punjab National Bank for loans advanced to certain borrowers. The guarantee expressly stated it was a "continuing guarantee" that would remain in force for all subsequent transactions, irrespective of the account status. Gupta later sent a letter revoking the

BIJA & ORSversusSTATE OF HARYANA

2008 INSC 3410 January 2008Case Partly allowed

The deceased Santro, after a forced second marriage (Karewa) arranged by the village Panchayat, was found dead in her in-laws' house. Medical evidence established that she died from asphyxia due to smothering, not from epilepsy or electrocution as the defence claimed. The trial court and High Court convicted all four a

PURAN SINGHversusSTATE OF UTTARANCHAL

2008 INSC 3510 January 2008Case Allowed

Puran Singh was charged with murdering his brother Rajpal Singh by firing a licensed 12‑bore gun. The trial court acquitted him, citing benefit of doubt, but the High Court set aside the acquittal and convicted him under IPC s.302. On appeal to the Supreme Court, the appellant raised a new plea that the cartridge which

VENTURE GLOBAL ENGINEERINGversusSATYAM COMPUTER SERVICES LTD. AND ANR.

2008 INSC 3610 January 2008Case Allowed

Venture Global Engineering (VGE) and Satyam Computer Services Ltd. (SCSL) entered into a joint venture and shareholders agreement that provided for arbitration of disputes. A dispute arose and SCSL obtained an award from the London Court of International Arbitration directing VGE to transfer its shares in the joint ven

SHIV NATH PRASADversusSARAN PAL JEET SINGH TULSI & ORS.

2008 INSC 3710 January 2008Dismissed

Shiv Nath Prasad, a Scheduled Caste candidate, was appointed Assistant Engineer in Madhya Pradesh and promoted to Executive Engineer in 1980 against a reserved post. General‑category engineers, senior to him in the feeder cadre, were promoted to the same post in 1985. The State Administrative Tribunal and the Madhya Pr

TOWN PLANNING MUNICIPAL COUNCILversusRAJAPPA & ANR.

2008 INSC 3810 January 2008Case Allowed

The plaintiff, Rajappa, filed a suit claiming 3 acres 22 guntas of land as ancestral property. The municipal council defended that the land was designated as "Sega Local Fund" under the Karnataka Municipalities Act and that a mandatory notice under Section 284(1) had not been issued. The trial court dismissed the suit

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

2008 INSC 10259 September 2008Dismissed

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 classification violating Art

STATE OF U.P.versusAWDHESH

2008 INSC 10249 September 2008Dismissed

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 the lack of a direc

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

2008 INSC 10269 September 2008Dismissed

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 since the original fi

NOOR AGAversusSTATE OF PUNJAB & ANR.

2008 INSC 7859 July 2008Case Allowed

The appellant, an Afghan national, was seized at Raja Sansi Airport with 22 packets of heroin and later arrested after a 15‑hour delay. He initially confessed to customs officials but later retracted, and was convicted under Sections 22 and 23 of the NDPS Act, a judgment affirmed by the High Court. On appeal, the Supre

K.D. SHARMAversusSTEEL AUTHORITY OF INDIA LTD. & ORS.

2008 INSC 7869 July 2008Dismissed

The Supreme Court examined a civil appeal challenging the award of a contract by Steel Authority of India Ltd. (SAIL) under its fifth tender notice and the subsequent handling of a fourth tender notice. The appellant alleged fraud and that SAIL had acted against natural justice, claiming a settlement had been reached w

FCS SOFTWARE SOLUTIONS LTD.versusLA MEDICAL DEVICES LTD. & ORS.

2008 INSC 7879 July 2008Case Partly allowed

The appellant, FCS Software Solutions Ltd., won the highest bid of Rs 1.47 crore for the immovable and movable assets of the liquidated company but the Official Liquidator failed to hand over possession despite the appellant’s full payment. The Official Liquidator later claimed a higher offer of Rs 1.55 crore and obtai

TATA INDUSTRIES LTD. & ANR.versusGRASIM INDUSTRIES LTD.

2008 INSC 7949 July 2008Case Allowed

Tata Industries Ltd. and its subsidiary Apex Investments (Mauritius) sought appointment of arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996, alleging breach of a Shareholders Agreement with Grasim Industries Ltd. The dispute centred on termination notices alleging breach of non‑competition

STATE OF MAHARASHTRAversusGAJANAN @ HEMANT JANARDHAN WANKHEDE

2008 INSC 7889 July 2008Case Allowed

The accused was convicted by the trial court for kidnapping (IPC ss.363, 366) and rape (IPC s.376) of a girl who was 14 years old at the time of the offence, based on school records showing her date of birth as 4‑6‑1976 and medical evidence confirming her age. The High Court set aside the conviction, holding that the g

PANFUL NESSAversusMD. MIRAJ ALI AND ORS.

2008 INSC 7899 July 2008Case Allowed

The Supreme Court reviewed a petition under Section 482 of the Code of Criminal Procedure filed by ten accused who had been declared absconders and against whom non‑bailable warrants were issued for a murder case. The Gauhati High Court, instead of merely examining the propriety of the warrants, directed that the accus

GENOA SINGH AND ORS.versusSTATE OF U.P.

2008 INSC 7909 July 2008Case Partly allowed

The appellants, Genoa Singh and others, were convicted for the murder of the complainant's father and uncle after a dispute over a field boundary. They claimed the violence was in exercise of the right of private defence. The Supreme Court examined the scope of Sections 96‑106 of the IPC, the burden of proof under Sect

SEEMAversusASHWANI KUMAR

2008 INSC 7919 July 2008Hearing Adjourned

The Supreme Court, hearing Seema v. Ashwani Kumar (Transfer Petition No. 291 of 2005), examined the compliance of various States and Union Territories with its earlier directions to frame statutes mandating compulsory registration of marriages. The Court noted that some jurisdictions had enacted or drafted rules, while

GODREJ INDUSTRIES LTDversusD.G. AHIRE ASSISTANT COLLECTOR OF CENTRAL EXCISE & ANOTHER

2008 INSC 7929 July 2008Case Allowed

Godrej Industries Ltd, a manufacturer of liquid hair dye, was served with three demand notices for excise duty at the rate of 105% under Tariff Item 14F (hair lotion) for the period January‑December 1982. The company argued that its product, being a hair colouring agent, fell under the residuary Tariff Item 68 introduc

SKYLINE CONTRACTORS PVT. LTD. & ANR.versusSTATE OF U.P. & ORS.

2008 INSC 7939 July 2008Dismissed

Skyline Contractors and another applied for allotment of an 8,000 sq.m plot in NOIDA, paying an initial deposit of Rs.13.20 lakh. The allotment order required 25% of the premium within 60 days and the balance in ten half‑yearly instalments, with no extension unless expressly granted. The appellants failed to make any f

STATE OF TAMIL NADU AND ANR.versusR. SASIKUMAR

2008 INSC 7849 July 2008Case Partly allowed

The respondent R. Sasikumar was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982. His mother filed a representation to the Chief Minister, copying the Director General of Poli

RESERVE BANK OF INDIAversusSAHARA INDIA FINANCIAL CORPORATION

2008 INSC 7459 June 2008Disposed off

The Reserve Bank of India (RBI) issued a show‑cause notice to Sahara India Financial Corp. Ltd. (Sahara) on 9 May 2008, restraining it from accepting deposits from existing and new depositors, and passed an order on 4 June 2008 effecting the restraint. Sahara filed a writ petition before the Allahabad High Court, claim

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

2008 INSC 6229 May 2008Appeal(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 claimed to be an adopt

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

2008 INSC 6239 May 2008Appeal(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 under the newly insert

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2008 INSC 6209 May 2008Disposed 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 Court clarified the ca

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

2008 INSC 6249 May 2008Appeal(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 capacity as a driver, awa

ASHOK KUMAR PANDEY & ORS.versusSTATE OF BIHAR

2008 INSC 6219 May 2008Dismissed

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 Surplus Land) Act, 1961. L

GIRISH SINGHversusSTATE OF UTTARANCHAL

2008 INSC 6259 May 2008Dismissed

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 death. The trial cou

UNION OF INDIAversusBELGACHI TEA CO. LTD. & ORS.

2008 INSC 6269 May 2008Disposed 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 and manufactured must

P.S. GOPINATHANversusSTATE OF KERALA & ORS.

2008 INSC 6279 May 2008Appeal(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 postings without objection

STATE OF MEGHALAYA & ORS.versusMECKEN SINGH N.MARAK

2008 INSC 6289 May 2008Appeal(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 authority removed him

UNION OF INDIA AND ORS.versusBIPAD BHANJAN GAYEN

2008 INSC 6299 May 2008Appeal(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 Officer terminated his se

THE LT. GOVERNOR & ORS.versusSHIV CHANDER MORE & ORS.

2008 INSC 4679 April 2008Appeal(s) allowed

The Lt. Governor refused to grant a second renewal of a licence to Shiv Chander More, relying on the Supreme Court’s decision in Ratan Kaur v. Union of India. The High Court’s Single Judge accepted the applicability of that precedent but still granted relief, while the Division Bench later held the precedent inapplicab

STATE OF BIHAR (NOW JHARKHAND) AND ORS.versusBOKARO AND RAMGUR LTD. AND ORS.

2008 INSC 4689 April 2008Case Allowed

The dispute concerned the character of the Raja Bungalow, whether it was used solely as a residential dwelling of the Raja or as an office/kutchery for collecting rent of the Ramgarh Estate. The trial court held that the premises was not primarily an office, a finding the Patna High Court set aside, concluding that the

BHARAT KARSONDAS THAKKARversusM/S KIRAN CONSTRUCTION CO. & ORS.

2008 INSC 4709 April 2008Appeal(s) allowed

The Supreme Court examined a suit filed by a construction company for specific performance of a development agreement, in which the plaintiff later sought to amend the pleadings to implead a third‑party appellant and to declare a consent decree, issued in a related earlier suit, null and void. The Court held that the a

NARAIN SINGH AND ORS.versusSTATE OF HARYANA

2008 INSC 4719 April 2008Disposed off

The appellants, led by Narain Singh, were involved in a land dispute during which they attempted to sow jowar in a field belonging to the complainants. When the complainants and their husband tried to stop them, Narain Singh fired a gunshot that killed the husband, and his sons assaulted the complainants with sticks. T

M.R. SATWAJI RAO (D) BY L.RS.versusB. SHAMA RAO (DEAD) BY L.RS. & ORS.

2008 INSC 4729 April 2008Dismissed

The appellant mortgagee had taken a usufructuary mortgage on a property in 1948, allowing the mortgagor to remain in possession as a tenant. When the mortgagor defaulted on rent, the mortgagee obtained a money decree for arrears of rent and, in execution, purchased the property at a public auction without instituting a

KANHAIYALALversusUNION OF INDIA AND ORS.

2008 INSC 259 January 2008Dismissed

The appellant Kanhaiyalal was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act based primarily on a statement he gave to an officer under Section 67 of the Act. The key issues were whether such a statement could be used as a confession for conviction, whether it attracted the bar of Sections 24

TAMIL NADU HOUSING BOARD & ORS.versusSEA SHORE APARTMENTS OWNERS WELFARE ASSOCIATION

2008 INSC 269 January 2008Case Allowed

The Tamil Nadu Housing Board (the Board) entered into agreements with allottees for flats constructed on land acquired by the State, stipulating that the final price would be fixed after the land acquisition compensation was determined. The Board later demanded additional amounts, citing increased plinth area, ground a

S.K DUAversusSTATE OF HARYANA & ANR

2008 INSC 279 January 2008Case Partly allowed

The appellant, a former Engineer‑in‑Chief of Haryana Irrigation, retired in 1998 but received his retiral benefits only after a four‑year delay. He claimed interest at 18% on the delayed amounts, invoking administrative instructions, statutory rules and the constitutional guarantees of Articles 14, 19 and 21. The High

MAZHAR HASSANversusGANGU SINGH AND ORS.

2008 INSC 289 January 2008Case Allowed

The appellant, Mazhar Hassan, purchased land from decree holders who had obtained a decree of eviction against the respondents under Section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. The decree holders' execution application was dismissed as time‑barred, after which the appellant obtained mutat

STATE OF M.P. AND ORS.versusMADHUKAR RAO

2008 INSC 299 January 2008Dismissed

The State of Madhya Pradesh seized a Tata Sumo vehicle carrying antlers under Section 50(1)(c) of the Wild Life (Protection) Act, 1972 and the owner, Madhukar Rao, sought its interim release on a supersedeas bond under Section 451 of the Code of Criminal Procedure, 1973. The trial court granted release, but the State a

K.S. KRISHNA SARMAversusKIFAYAT ALI

2008 INSC 309 January 2008Disposed off

The plaintiff filed a suit for declaration of title and possession of agricultural land. During the suit, one of the defendants died and his daughter, a legal representative, was not initially impleaded. The trial court decreed in favour of the plaintiff, but the High Court set aside the decree, directing that the daug

M/S. SURYALAKSHMI COTTON MILLS LTD.versusM/S. RAJVIR INDUSTRIES LTD. & ORS.

2008 INSC 319 January 2008Case Partly allowed

The appellant, Suryalakshmi Cotton Mills Ltd., and the respondent, Rajvir Industries Ltd., were parties to a demerger scheme after which blank cheques signed by the appellant’s Managing Director were handed to the respondents for business use. A dispute arose in 2005, leading the appellant to allege misuse of the chequ

SURINDER SHUKLAversusUNION OF INDIA

2008 INSC 329 January 2008Dismissed

Lt. Colonel Surinder Shukla, an Army Education Corps officer, was repeatedly considered for promotion to Colonel but was never selected. He filed statutory complaints and a writ petition alleging that his service record was superior to those of two colleagues who were promoted. The Delhi High Court dismissed his petiti

M/S. IMAGIC CREATIVE PVT. LTD.versusTHE COMMISSIONER OF COMMERCIAL TAXES & ORS.

2008 INSC 339 January 2008Case Allowed

M/s Imagic Creative Pvt Ltd, an advertising agency, filed returns for service tax under the Finance Act, 1994 and for VAT under the Karnataka Value Added Tax Act, 2003. The VAT authority classified the entire transaction, including the concept‑creation service for which service tax had already been paid, as a single in

STATE OF GOAversusPANDURANG MOHITE

2008 INSC 14088 December 2008Dismissed

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

THE CHAIRMAN, WEST BENGAL STATE ELECTRICITY BOARD & ORS.versusSYED MUKBUL HOSSAIN & ORS.

2008 INSC 14098 December 2008Disposed off

The West Bengal State Electricity Board alleged that a consumer had tampered with an electricity meter to evade payment, leading to a provisional assessment and disconnection of supply under Regulation 5.2.1 of the West Bengal Electricity Supply Code. The consumer filed a writ petition challenging the disconnection and

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

2008 INSC 14108 December 2008Case Partly allowed

The Ministry of Railways invited a tender for thick web switches, requiring ISO 9001 certification and ROSO approval. Ganpati RV‑Talleres Alegria Track Pvt. Ltd. submitted a technical bid that was initially approved, but its commercial bid was later rejected on the ground that the eligibility criteria were not met, wit

MAHATAMA GANDHI UNIVERSITY & ANR.versusGIS JOSE & ORS.

2008 INSC 10208 September 2008Appeal(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 continue and sit for t

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

2008 INSC 10218 September 2008Dismissed

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 the products should

UNION OF INDIA & ORS.versusPRIYANKAN SHARAN AND ANR.

2008 INSC 10228 September 2008Dismissed

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 exempted cadets from paying

JOGINDER @ JINDIversusSTATE OF HARYANA

2008 INSC 10238 September 2008Disposed 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 non‑bailable offences, making

MANIVEL & ORS.versusSTATE OF TAMIL NADU

2008 INSC 9188 August 2008Dismissed

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 was inapplicable an

STATE OF U.P.versusKISHANPAL & ORS

2008 INSC 9198 August 2008Case 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 Court set aside the conv

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2008 INSC 9178 August 2008IA 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). The Court held that

NIL RATAN KUNDU & ANR.versusABHIJIT KUNDU

2008 INSC 9208 August 2008Case 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 and the Calcutta High

KAPILA HINGORANI & ANR.versusSTATE OF BIHAR & ANR.

2008 INSC 7788 July 2008Disposed off

The case arose from the division of the original State of Bihar into Bihar and Jharkhand under the Bihar Reorganisation Act, 2000, which created the Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) to take over the Bihar Hill Area Lift Irrigation Corporation (BHALCO). Employees of BHALCO alleged non‑payment of

HARYANA FINANCIAL CORPORATION & ANR.versusKAILASH CHANDRA AHUJA

2008 INSC 7798 July 2008Case Allowed

Kailash Chandra Ahuja, a technical officer of Haryana Financial Corporation, was dismissed after a disciplinary inquiry in which the Inquiry Officer’s report was not furnished to him before the disciplinary authority imposed the penalty. The High Court set aside the dismissal on the ground that non‑supply of the report

TATA POWER COMPANY LIMITEDversusRELIANCE ENERGY LIMITED & ORS.

2008 INSC 7818 July 2008Appeal(s) allowed

The dispute arose when Reliance Energy (formerly BSES) alleged that Tata Power Company (TPC) was encroaching on its distribution area by supplying electricity directly to retail consumers, contrary to licence terms and government policy. The Maharashtra Electricity Regulatory Commission (MERC) initially held that TPC’s

ASLAM MOHD. MERCHANTversusCOMPETENT AUTHORITY & ORS.

2008 INSC 7828 July 2008Appeal(s) allowed

The Supreme Court examined the forfeiture proceedings initiated against the relatives of Iqbal Mohammed Memon (alias Iqbal Mirchi) under Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants challenged the validity of the show‑cause notices, contending that the Competent Authority had n

KANTA DEVI & ORS.versusSTATE OF HARYANA & ANR.

2008 INSC 7838 July 2008Case Partly allowed

The State of Haryana acquired 265 kanals of land for a grain market and awarded compensation based on various rates. The High Court, relying on a single sale deed (Exhibit P‑6), enhanced compensation to Rs.2,88,000 per acre but deducted 70% as development charges, which the claimants challenged as excessive given the l

KRISHNANversusSTATE REPRESENTED BY INSPECTOR OF POLICE

2008 INSC 6088 May 2008Case 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 linking A‑1 to the

NATIONAL INSURANCE CO. LTD.versusNITIN KHANDELWAL

2008 INSC 6098 May 2008Disposed 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 Redressal Forum uph

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

2008 INSC 6108 May 2008Matter 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 appellant's petition t

NARESH KAVARCHAND KHATRIversusSTATE OF GUJARAT & ANR.

2008 INSC 6118 May 2008Appeal(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 26 December for tran

STATE OF PUNJAB & ORS.versusBHAJAN KAUR & ORS.

2008 INSC 6128 May 2008Dismissed

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 Supreme Court examined

ANDHRA BANKversusANDHRA BANK OFFICERS & ANR.

2008 INSC 6138 May 2008Case 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 travel should not be c

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

2008 INSC 6148 May 2008Appeal(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 insecticides, fungicides

H.V. NIRMALAversusKARNATAKA STATE FINANCIAL CORPORATION & ORS.

2008 INSC 6158 May 2008Dismissed

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 Directors, arguing that

THOTA LAKSHMI VENKATA BALAversusMUTTAMSETTI SEETHAMMA

2008 INSC 6168 May 2008Dismissed

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 interest. The respondent

MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.

2008 INSC 6068 May 2008Disposed 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 amended Rule 50 of t

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

2008 INSC 6178 May 2008Disposed 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 Judge raised the awa

P. VENUGOPALversusUNION OF INDIA

2008 INSC 6078 May 2008Case 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 to the incumbent Dir

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

2008 INSC 6188 May 2008Dismissed

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 ignored clauses 14

STATE OF RAJASTHANversusUDAI LAL

2008 INSC 6198 May 2008Appeal(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 insufficient, the police

SMT. KEYA MUKHERJEEversusMAGMA LEASING LIMITED & ANR.

2008 INSC 4658 April 2008Dismissed

The appellant, Smt. Keya Mukherjee, was charged under Section 138 of the Negotiable Instruments Act. Although she was granted exemption from personal attendance under Section 205 of the CrPC, the trial court refused to dispense with her personal examination under Section 313(1)(b) CrPC. After the trial court, a revisio

STATE OF KARNATAKA AND ORS.versusM/S SRI CHAMUNDESWARI SUGAR LTD.

2008 INSC 4648 April 2008Case Allowed

M/s Sri Chamundeswari Sugar Ltd., a sugar manufacturer, purchased sugarcane from growers and paid the Statutory Minimum Price fixed by the Central Government together with the State Advised Price (SAP) fixed by Karnataka. The assessing authority levied purchase tax on the total amount, including SAP, under the Karnatak

THE HARYANA STATE AGRICULTURAL MARKETING BOARD AND ORS.versusSADHU RAM

2008 INSC 4668 April 2008Appeal(s) allowed

The Haryana State Agricultural Marketing Board conducted an open auction of shop and booth plots under the Punjab Agricultural Produce Markets Act, 1961, but did not disclose the reserve price in the public notice. The respondents were declared highest bidders, deposited 25% of the bid amount, yet the Chief Administrat

RAGHUNATH ANANT GOVILKARversusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 1548 February 2008Dismissed

The appellant, a former employee of the Maharashtra Housing and Area Development Authority, was charged with offences under IPC sections 420, 465, 466, 467, 468 and 471 for allegedly falsifying allotment of premises and issuing spurious rent receipts. He sought discharge under Section 228 of the CrPC, arguing that no s

B.K. SRI HARSHA (D) BY L.R. & ANR.versusM/S BHARATH HEAVY ELECTRICALS LTD

2008 INSC 1558 February 2008Disposed off

MIS Bharath Heavy Electricals Ltd filed two suits for specific performance of contracts for sale of certain properties against the appellants, B.K. Sri Harsha and others. The trial court held that the respondent was in adverse possession, ready to perform, and that the agreements were valid and within the limitation pe

UNION OF INDIA & ORS.versusS. KRISHNAN & ANR.

2008 INSC 1568 February 2008Case Allowed

The respondent, a railway employee, was appointed to a post reserved for Scheduled Tribes on the basis of a community certificate claiming he belonged to the Malayalee Scheduled Tribe. The certificate was later found to be bogus, leading to his removal from service. The respondent later contended that he actually belon

DIVL. FOREST OFFICER, KOTHAGUDEM & ORS.versusMADHUSUDHAN RAO

2008 INSC 1578 February 2008Dismissed

Madhusudhan Rao, a forester, was disciplined for alleged embezzlement of government funds. The Divisional Forest Officer imposed stoppage of increments and other penalties, which Rao appealed. The Conservator of Forests enhanced the punishment to dismissal without giving any reasons, and the Chief Conservator later red

STATE OF KERALA & ORS.versusM/S KURIAN ABRAHAM PVT. LTD. & ANR.

2008 INSC 1588 February 2008Dismissed

M/s Kurian Abraham Pvt. Ltd. purchased raw field latex in Kerala, processed it into centrifuged latex in Tamil Nadu and sold the product. For assessment years 1997‑98 and 1998‑99 the assessee relied on Circular No. 16/98 issued by the Kerala Board of Revenue under s.3(1A)(c) of the Kerala General Sales Tax Act, 1963, w

M/S. PADINJAREKARA AGENCIES LIMITEDversusSTATE OF KERALA

2008 INSC 1598 February 2008Appeal(s) allowed

M/s Padinjarekara Agencies Ltd., a dealer under the Kerala General Sales Tax Act and the Central Sales Tax Act, manufactures centrifuged latex from field latex (raw rubber) and claimed exemption under Government Notification SRO No. 1003/91 (later replaced by SRO No. 1727/93), which exempts "goods" made from rubber. Th

ASSISTANT COMMISSIONER OF INCOME TAX, AHMEDABADversusARVIND POLYCOT LTD.

2008 INSC 1608 February 2008Dismissed

The Department appealed against the assessment of Arvind Polycot Ltd., contending that interest paid on borrowings for capital assets that were not put to use during the financial year could not be claimed as a deduction under Section 36(1)(iii) of the Income‑Tax Act, 1961. The Court examined the statutory language and

C.L.T., BARODAversusISHWAR BHUVAN HOTELS LTD., BARODA

2008 INSC 1618 February 2008Dismissed

The Department of Income Tax appealed against a Gujarat High Court order favoring Ishwar Bhuvan Hotels Ltd. concerning the deductibility of interest on borrowings used to acquire capital assets that were not put to use in the relevant financial year. The central issue was whether such interest could be allowed as a ded

DEPUTY COMMISSIONER, INCOME TAX, BARODAversusGUJARAT ALKALIES & CHEMICALS LTD.

2008 INSC 1628 February 2008Dismissed

Gujarat Alkalis & Chemicals Ltd borrowed Rs 30 crore from IDBI, which was refinanced by the foreign company COFACE. COFACE levied interest, commitment charges and insurance charges. The assessee claimed the commitment charges as a deduction under section 36(1)(iii) of the Income‑Tax Act, 1961, while the tax department

JT. COMMISSIONER OF INCOME TAX, VALSAD, GUJARATversusM/S.UNITED PHOSPHOROUS LTD.

2008 INSC 1638 February 2008Case Partly allowed

The Supreme Court heard a civil appeal filed by the Commissioner of Income Tax, Gujarat against Mis United Phosphorous Ltd. concerning two tax issues: (1) whether interest paid on borrowings for capital assets that were not put to use in the relevant financial year could be allowed as a deduction under section 36(1)(ii

DEPUTY COMMISSIONER OF INCOME TAX, AHMEDABADversusM/S. CORE HEALTH CARE LTD.

2008 INSC 1648 February 2008Case Partly allowed

Core Health Care Ltd., a manufacturer of intravenous solutions, borrowed money in 1991‑92 to install new machinery and claimed a deduction for the interest paid under Section 36(1)(iii) of the Income‑Tax Act. The assessing officer disallowed the deduction, relying on the Challapalli Sugars case, on the ground that the

BHADRAPPA (D) BY LRS.versusTOLACHA NAIK

2008 INSC 168 January 2008Dismissed

The appellants, legal heirs of Bhadrappa, claimed ownership of a 3‑acre granted land that had been sold multiple times after the original grant to Gopya Naik in 1955. They contended that the alienation was void under Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain La

V. SIVA KUMAR & ORS.versusSECRETARY, MINISTRY OF DEFENCE & ORS.

2008 INSC 178 January 2008Case Allowed

The appellants were direct recruits selected in 1984 as Store Keepers under Navy Grade‑C recruitment rules. An Office Memorandum (O.M.) dated 7 Feb 1986 introduced a new seniority principle, stating that for vacancies where "recruitment action" had already been taken, seniority would continue to be determined by the pr

ORIENTAL BANK OF COMMERCEversusSUNDER LAL JAIN & ANR.

2008 INSC 188 January 2008Case Allowed

The Oriental Bank of Commerce granted a Rs 20 lakh loan to Sunder Lal Jain and another respondent, which later defaulted and was declared a non‑performing asset (NPA) on 31 March 2001. The bank obtained a decree for recovery from the Debt Recovery Tribunal (DRT), which became final as the respondents did not appeal. Th

MANIversusSTATE OF TAMIL NADU

2008 INSC 198 January 2008Case Allowed

Mani and another accused were charged with murdering Sivakumar under IPC s.302, s.34 and s.201. The prosecution alleged that Mani had taken the deceased to his house, where blood was later found and blood‑stained clothes and a koduval were recovered based on the accused’s own statement. The trial and High Courts convic

SAT NARAINversusSTATE OF HARYANA TH. MINISTRY OF HOME

2008 INSC 208 January 2008Dismissed

The dispute arose between Sat Narain and the complainant party over a family quarrel. On the night of 17 June 1999, Sat Narain and his accomplices blocked the complainant's jeep, attacked them and Sat Narain fired three shots from a licensed gun, killing Chhotu Ram and injuring his wife Sakeela; a second shot aimed at

SUNIL PODDAR AND ORS.versusUNION BANK OF INDIA

2008 INSC 218 January 2008Dismissed

The appellants, former directors and guarantors of Adhunik Detergent Ltd., were joined as defendants in a civil suit filed by Union Bank of India for recovery of a loan. They appeared in the civil court, filed a written statement and raised preliminary objections, but the suit was later transferred to a Debt Recovery T

STATE OF HARYANA & ORS.versusDINESH KUMAR

2008 INSC 228 January 2008Disposed off

The respondents applied for Constable‑Driver positions in the Haryana Police and answered "No" to the application queries whether they had ever been arrested or convicted. Verification later revealed that they had been arrested in connection with FIRs but were acquitted and released on bail without ever being taken int

ASHOK KUMAR SHRIVASTAVA.AND ORS.versusRAM LAL AND OTHERS

2008 INSC 238 January 2008Disposed off

The Uttar Pradesh Government, facing a shortage of Trade Tax Officers, withdrew 97 Grade‑II posts from the purview of the State Public Service Commission under the proviso to Article 320(3) of the Constitution and filled them through a Limited Departmental Examination in 1987. The appointees were initially designated a

M/S. SIFY LTD.versusM/S. FIRST FLIGHT COURIERS LTD.

2008 INSC 248 January 2008Case Partly allowed

Sify Ltd., a network services provider, filed a summary suit under Order 37 Rule 2 of the CPC to recover unpaid dues from First Flight Couriers Ltd. The respondent sought unconditional leave to defend, but the Single Judge of the Bombay High Court granted conditional leave, requiring a deposit of Rs 15 lakh, which the

SAMI ULLAHAversusSUPERINTENDENT, NARCOTIC CENTRAL BUREAU

2008 INSC 12637 November 2008Appeal(s) allowed

The appellant, Sami Ullaha, was arrested after heroin was seized from two co-accused who alleged the drugs were meant for him. No drugs were found on his person, but he made a statement under Section 67 of the NDPS Act, later retracting it, claiming it was obtained under duress. The first chemical analysis by the Gover

M.A. RUMUGAMversusKITTU @ KIRSHNAMOORTHY

2008 INSC 12647 November 2008Dismissed

The appellant, a landowner, alleged that nine coconut trees on his property were damaged on the advice of the respondent and filed a police complaint naming the respondent as a doubtful person. The police investigation was closed after six months under Section 167(5) of the CrPC. The respondent then lodged a private de

CHANDRABHAI K. BHOIR & ORS.versusKRISHNA ARJUN BHOIR & ORS.

2008 INSC 12657 November 2008Appeal(s) allowed

The testator Kanha Barik Mhatre executed a Will in 1963; after his death, the legatees (respondents) obtained probate while the appellants filed a caveat and later withdrew it. The parties entered into a compromise agreement claiming to alter the Will’s terms and a separate family‑arrangement agreement for the sale of

M/S. KRISHNA FOOD & BAKING INDUSTRY P. LTD.versusM/S. NEW INDIA ASSURANCE CO. LTD. & ANR.

2008 INSC 12667 November 2008Disposed off

Krishna Food & Baking Industry Ltd. and its sister concern operated bakery units in Srinagar that were destroyed by a terrorist fire in 1991. The companies had three insurance policies covering terrorism and fire and claimed full loss for building, plant, machinery, raw materials and stocks. The National Consumer Dispu

P.H. DAYANANDversusS. VENUGOPAL NAIDU & ORS .

2008 INSC 12697 November 2008Dismissed

The plaintiff (respondent No.1) purchased the suit property from the rightful owner, T. Bayarappa, in 1991. Defendant No.2 (appellant) was in permissive possession of the land and claimed lawful title based on a purported chain of agreements involving a power of attorney and an assignment to the plaintiff, but no regis

VIRENDER CHAUDHARYversusBHARAT PETROLEUM CORPORATION &ORS.

2008 INSC 12707 November 2008Appeal(s) allowed

The case concerned the grant of an LPG distributorship by Bharat Petroleum Corporation (BPC). An advertisement invited applications, disqualifying persons convicted of offences involving moral turpitude or those against whom charges had been framed. Respondent No.5 was selected but his empanelment was cancelled after a

STATE OF M.P.versusSUGHAR SINGH. & ORS.

2008 INSC 12567 November 2008Case Partly allowed

The State of Madhya Pradesh prosecuted Sugharsingh and others for attacking two men guarding their crops to prevent cattle from being taken to a pond, resulting in one death and injuries to the other. The trial court convicted the accused under Sections 302 read with 149, 324 read with 149, 148 and sentenced them to li

HARDEEP SINGHversusSTATE OF PUNJAB & ORS.

2008 INSC 12717 November 2008Matter referred to larger bench

The case arose from a violent incident in Patiala where several persons were charged under the IPC and Arms Act. Two of the accused, Vijay Preet Singh and Jagtar Singh, were initially discharged based on a police inquiry report that they were falsely implicated. During trial, prosecution witnesses identified them as pa

PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD. & ORS.versusM/S. DVS STEELS & ALLOYS PVT. LTD. & ORS.

2008 INSC 12727 November 2008Appeal(s) allowed

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd., conditioned the grant of a fresh electricity connection to the first respondent, a purchaser of a sub‑divided industrial plot, on payment of the pro‑rata dues of the previous occupier (the third respondent). The first respondent paid Rs.8.63 lakhs and later sought

ESSCO FABS PVT. LTD. & ANR.versusSTATE OF HARYANA & ANR.

2008 INSC 12737 November 2008Disposed off

The State of Haryana re‑issued a preliminary notification under the Land Acquisition Act, 1894 in 2001 for a link‑road and invoked the urgency clause of Section 17, dispensing with the inquiry and hearing of objections under Section 5A before issuing a final notification under Section 6. Essco Fabs Pvt. Ltd. and a teac

KENDRIYA KARAMCHARI SEHKARI GREH NIRMAN SAMITI LTD., NOIDAversusSTATE OF U.P.& ANR.

2008 INSC 12747 November 2008Case Partly allowed

The Uttar Pradesh government acquired land for the New Okhla Industrial Development Authority and awarded compensation under the Land Acquisition Act. Many landowners obtained enhanced compensation through a Reference Court under Section 18, but the Samiti, which could not make a reference, filed an application under S

SACHIDA NAND LAL @ SACHIDA NAND SHAHversusSTATE OF BIHAR, (NOW JHARKHAND)

2008 INSC 12757 November 2008Appeal(s) allowed

The appellant, Sachioa Nano Lal (also known as Sachioa Nano Shah), challenged the compensation awarded in a land acquisition proceeding under the Land Acquisition Act, 1894. After a reference court fixed compensation, the appellant obtained a partial enhancement of the 'ka' category land from a Single Judge of the Patn

ISHWARAGOUDA & ORS.versusMALLIKARJUN GOWDA & ORS .

2008 INSC 12767 November 2008Appeal(s) allowed

The dispute concerned an 18‑acre agricultural plot in Gadag taluka, claimed by two families who had jointly cultivated it before the Karnataka Land Reforms Act, 1961 came into force. Both families filed Form No. 7 for occupancy rights, and the Land Tribunal held that the land was jointly cultivated and entitled both pa

KANPUR ELECTRICITY SUPPLY CO. LTD.versusSHAMIM MIRZA

2008 INSC 12777 November 2008Case Partly allowed

Kanpur Electricity Supply Co. Ltd. (appellant) terminated the services of two cashiers, Shamim Mirza and Manoj Srivastava, alleging they were employees of a contractor. The workmen claimed they were regular employees of the company and sought reinstatement with back wages under Sections 6N, 6P and 6Q of the Uttar Prade

T. VENKATESWARULUversusEXECUTIVE OFFICER, TIRUMALA TIRUPATHI DEVASTHANAMS & ORS.

2008 INSC 12787 November 2008Dismissed

The appellant, a Draughtsman Grade‑I appointed in 1977, obtained a BE degree in 1983 and sought promotion to Assistant Executive Engineer on the same basis as graduate Supervisors, who were eligible for promotion under Government Orders of 1978 and 1981. The High Court Single Judge directed promotion from the date of h

UNION OF INDIA & ORS.versusRAJPAL SINGH

2008 INSC 12797 November 2008Dismissed

The case concerned a Junior Commissioned Officer (JCO) who, after being placed in a permanent low medical category, was discharged from the Indian Army without the recommendation of an Invalidating Board. The respondent argued that under Army Rule 13(3)(i)(ii) a discharge on the ground of being "medically unfit for fur

STATE OF U.P.versusMANOJ KUMAR PANDEY

2008 INSC 12577 November 2008Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Manoj Kumar Pandey, who was charged under IPC sections 376 (rape) and 323 (voluntarily causing hurt). The trial court had acquitted him on the basis that the victim, being over 16 years old, was presumed to have consented, and the High Court upheld this view in a ter

RATAN KUMAR VISHWASversusSTATE OF U.P. & ANR.

2008 INSC 12587 November 2008Dismissed

Ratan Kumar Vishwas was convicted under Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for trafficking charas and sentenced to 14 years' rigorous imprisonment and a fine. He applied to the High Court for suspension of his sentence and bail under Section 37 of the NDPS Act, but the appl

RAGHAVENDRA SHARMAversusSTATE OF M.P.

2008 INSC 12597 November 2008Dismissed

The appellant, Raghavendra Sharma, was convicted of murdering his wife Maya by suffocation. The trial court, relying on a post‑mortem report that showed asphyxia, swelling of the chest, and absence of food particles in the airway, found the death homicidal and rejected the defense expert’s claim of accidental death. Th

STATE OF PUNJABversusSUKHCHAIN SINGH & ANR.

2008 INSC 12607 November 2008Dismissed

The State of Punjab appealed the trial court’s acquittal of Sukhchain Singh and others for murder and related offences, while an accused (Paramjit Singh) appealed his conviction. The Supreme Court examined the scope of appellate power under Section 378 of the Code of Criminal Procedure, 1973, which allows the State to

STATE OF HARYANAversusKRISHAN

2008 INSC 12807 November 2008Dismissed

The appellant Krishan was convicted by a trial court for murder (IPC s.302) after allegedly delivering a lathi blow that caused the death of Chandgi Ram. The High Court acquitted him, holding that the FIR was lodged after an unreasonable delay and that the ocular evidence conflicted with the medical evidence, rendering

COMMISSIONER OF INCOME TAX CENTRAL KANPURversusJ.K. CHARITABLE TRUST KAMAL TOWER, KANPUR

2008 INSC 12617 November 2008Dismissed

The Commissioner of Income Tax (Central) Kanpur appealed against judgments of the Allahabad High Court that had favored J.K. Charitable Trust in several assessment years. The central issue was whether the Revenue could be barred from filing an appeal in certain assessment years when it had not appealed in other years i

RAJMOHAN AGARWALversusAMNA ABUBAKAR & ANR.

2008 INSC 12627 November 2008Disposed off

The appellants, Rajmohan Agarwal, filed a suit for specific performance of a contract of sale of land against the respondents, Amna Abubakar and others. The trial court dismissed the suit and the High Court affirmed that decree. The Supreme Court, after suggesting an amicable settlement, accepted a compromise wherein t

SUMAN KAPURversusSUDHIR KAPUR

2008 INSC 12817 November 2008Disposed off

The husband filed a petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging mental cruelty and desertion, which the trial court upheld on the ground of mental cruelty and the High Court confirmed. The wife appealed, contending that the alleged acts did not constitute mental cruelty and

M/S. EICHER TRACTOR LTD. AND ORS.versusHARIHAR SINGH AND ANR.

2008 INSC 12687 November 2008Dismissed

Eicher Tractor Ltd. and others filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by Harihar Singh under IPC sections 420, 468 and 471, alleging forgery. The petitioners argued that the complaint was a retaliatory "counter‑blast" to an earlier complaint they

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

2008 INSC 9147 August 2008Case 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 dismissed. The Tamil N

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

2008 INSC 9157 August 2008Disposed 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 arbitration proceedings under

INDERJEET AND ANRversusUNION OF INDIA AND ORS.

2008 INSC 9167 August 2008Dismissed

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 revocation of the deten

M/S. BHARAT CARPETSversusDIRECTOR, ENFORCEMENT DIRECTORATE

2008 INSC 7677 July 2008Dismissed

M/s Bharat Carpets, a partnership firm, and its two partners were penalised for failing to repatriate export proceeds amounting to Rs.5,12,171 within the six‑month period prescribed under Section 18(2) of the Foreign Exchange Regulation Act, 1973. The firm contended that it had taken steps for repatriation, citing bank

RADHEversusSTATE OF CHHATTISGARH

2008 INSC 7687 July 2008Dismissed

The appellant, Radhe, was convicted under Section 302 IPC for the murder of Gyan Singh after he allegedly chopped both of the deceased's legs and inflicted other injuries during a quarrel. He appealed, claiming the acts were in private defence, arguing that he feared for his life and property. The Supreme Court examine

STATE OF U.PversusBHAIYA LAL VERMA

2008 INSC 7647 July 2008Case Allowed

Bhaiya Lal Verma, an accountant in the District Agriculture Office, was caught accepting a bribe of Rs.150 after a trap was laid by the District Magistrate. Marked currency notes were recovered from him and he was convicted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of the IPC, receivi

M/S.ASIAN PEROXIDES LTD.versusCOMMNR. OF CENTRAL EXCISE, GUNTUR

2008 INSC 7657 July 2008Disposed off

M/s Asian Peroxides Ltd., an Export Oriented Unit, claimed exemption under Notification No.8/97‑CE for hydrogen peroxide manufactured in India and cleared to the domestic market. The issue was whether the items used in the manufacturing process were "raw materials" (eligible for exemption) or merely "consumables" (inel

C.E.S.G: LIML1 TEDversusSANDHYA RANI BARIK AND ORS.

2008 INSC 7697 July 2008Disposed off

The case involved the acquisition of more than three bighas of land by CESC Ltd. under the West Bengal Land (Requisition and Acquisition) Act, 1948 for an electric sub‑station. The Collector initially awarded Rs.50,000 per cottah, which was later raised by the Land Acquisition Judge to about Rs.5 lakh per cottah. The H

NEPAL SINGHversusUPENDER SINGH

2008 INSC 7707 July 2008Case Partly allowed

The respondent filed a claim petition under the Motor Vehicles Act, 1988 alleging injury in an accident involving a scooter bearing registration No. DL‑35‑7420. The Motor Accident Claims Tribunal awarded compensation and held the appellant liable, finding that his vehicle was the offending one. The appellant contended

G. RAMAversusT.G. SESHAGIRI RAO (D) BY LRS.

2008 INSC 7717 July 2008Dismissed

The suit property was a house jointly purchased in 1963 by T.G. Seshagiri Rao and his uncle T.K. Vasudeva Murthy. The uncle later relinquished his interest to Rao by a release deed in 1989, making Rao the absolute owner. After the death of her husband (Vasudeva Murthy's son), the appellant, G. Rama, occupied the house

BHAKRA BEAS MANAGEMENT BOARDversusKANTA AGGARWAL AND ORS.

2008 INSC 7727 July 2008Case Partly allowed

In 1994 a motor accident caused the death of K.C. Aggarwal, leaving his widow Kanta Aggarwal and three children as claimants under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claim Tribunal awarded them Rs 8.48 lakh with interest, while the widow was simultaneously given a compassionate appointment

KRISHI UTPADAN MANDI SAMITI, GHAZIABAD AND ANR.versusM/S. METAL CRAFT & ORS.

2008 INSC 7667 July 2008Dismissed

The appellant Krishi Utpadan Mandi Samiti, Ghaziabad claimed market fee under Section 17(iii)(b) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 on rice exported by the respondent partnership firm. The respondent argued that the rice was purchased from millers outside Uttar Pradesh and shipped directly to por

M/S. GOETZE (INDIA) LTD.versusEMPLOYEES STATE INSURANCE CORPORATION

2008 INSC 7737 July 2008Dismissed

M/s. Goetze (India) Ltd. was directed by the Employees' State Insurance Corporation (ESIC) to pay contributions on the efficiency bonus component for the period 1988-1994 under the Employees' State Insurance Act, 1948. After re‑verification, the employer paid the assessed amount in 1997 but ESIC later demanded interest

BENNY THOMASversusFOOD INSPECTOR, KOCHI AND ANR.

2008 INSC 7747 July 2008Dismissed

The Food Inspector purchased a bottle of synthetic syrup (sarbath) from the shop of Benny Thomas and sent the sample for analysis, which showed it to be adulterated. Thomas was convicted under Section 16(1)(a)(i) read with Sections 7(1) and 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 and relevant Rules. O

MURUGANversusSTATE OF TAMIL NADU

2008 INSC 7757 July 2008Dismissed

The appellant Murugan, employed as an assistant in the ground‑floor shop of PW‑1, was observed by PW‑1 through a window strangling PW‑1’s wife, who later died. PW‑1 chased the accused, who fled and later was arrested; blood‑stained clothing of the accused was recovered. The trial court convicted Murugan under IPC s.376

NATRAJ CHINNAPPA NAIRversusSTATE OF MAHARASHTRA

2008 INSC 7767 July 2008Dismissed

The appellant, Natraj Chinnappa Nair, was brought to the police station by his mother after allegedly consuming poison and confessing to assaulting his wife in a fit of anger. The victim was found injured with incised wounds caused by a chopper and later died; the chopper and a blouse were recovered from the scene, lin

KUSUMA ANKAMA RAOversusSTATE OF ANDHRA PRADESH

2008 INSC 7777 July 2008Dismissed

Kusuma Ankama Rao was convicted for murdering Gottapu Adilakshmi after the prosecution presented circumstantial evidence that the accused and the deceased were last seen together and the body was found the next day. The accused also made an extra‑judicial confession before a Village Administrative Officer admitting to

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

2008 INSC 6007 May 2008Dismissed

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 (KVSS) 1998, which g

RAJASTHAN STATE ELECTRICITY BOARDversusUNION OF INDIA & ORS.

2008 INSC 6017 May 2008Case 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 alternative remedy exi

UNION OF INDIAversusC.N. VASUDEVAN

2008 INSC 6027 May 2008Case 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; the High Court affirm

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