Created by Fuzzy Cloud

Judgments of 2008

1505 judgments · newest first · showing 1201–1400

M/S. LOHIA SHEET PRODUCTSversusCOMMISSIONER OF CUSTOMS, NEW DELHI

2008 INSC 317Appeal(s) allowed

M/s. Lohia Sheet Products imported copper/brass waste and scrap for making handicrafts and claimed exemption under Notification No.8/96‑CE (Entry 74.04) which provides a NIL rate of additional customs duty. The Customs authorities and the Tribunal rejected the claim, holding that the exemption …

SITA RAM & ORSversusMOTI LAL NEHRU FARMERS TRAINING INSTITUTE

2008 INSC 316Case Partly allowed

The Motilal Nehru Farmers Training Institute employed daily wagers for various project works such as bee‑farming. Their services were terminated on 28‑December‑1996 and they claimed they had worked for more than 240 days, invoking Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947. The …

MUKESH KUMAR BADONIversusSTATE OF PUNJAB AND ORS.

2008 INSC 290Dismissed

The appellant was appointed as a chowkidar in a college on a one‑year probationary basis, subject to approval by the Director of Public Instructions, Punjab. The Director refused approval because the appellant did not have Punjabi as a subject in Class VIII, a mandatory qualification, and the …

SURESHversusYEOTMAL DIST. CENTRAL CO-OP. BANK LTD. & ANR.

2008 INSC 291Dismissed

Suresh, a clerk appointed in 1974, challenged the seniority list and the promotion of a Development Officer (Respondent No.2) to the post of Senior Manager in Yeotmal District Central Co‑op Bank. The dispute was first heard before the Cooperative Court, which held the promotion illegal, but the …

TRIMBAKversusSTATE OF MAHARASHTRA

2008 INSC 292Case Partly allowed

The appellant was convicted of murder under Section 302 IPC and assault under Section 324 IPC for striking the deceased with an axe during a verbal altercation, which also injured the deceased's wife. The appellant argued that the killing occurred in a sudden fight without pre‑meditation, undue …

SHANKAR RAGHO BHAGANEversusSTATE OF MAHARASHTRA

2008 INSC 293Dismissed

The appellant, Shankar Ragho Bhagane, was convicted by the Sessions Court and the Bombay High Court for the murder of his mother, Girja Ragho Bhagane, under Section 302 of the Indian Penal Code. The prosecution's case rested on the eyewitness testimonies of PW2 (the appellant's sister) and PW3 (the …

JYOTI PRAKASH RAI @ JYOTI PRAKASHversusSTATE OF BIHAR

2008 INSC 294Dismissed

The appellant Jyoti Prakash Rai was convicted of murder under Section 302 IPC for killing a schoolmate on 12 May 2000. At the time of the offence the trial magistrate estimated his age to be about 17 years, but the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force on 1 …

SALEKH CHAND (DEAD) BY LRS.versusSATYA GUPTA AND ORS.

2008 INSC 295Dismissed

The appeal concerned a suit for partition of a family property where the plaintiff claimed that the original owner, Jagannath, had adopted his sister's son, Chandra Bhan, under a custom of the Vaish community that permitted such adoptions. The respondents argued that no such custom existed and that …

REXNORD ELECTRONICS AND CONTROL LTD.versusUNION OF INDIA & ORS.

2008 INSC 296Dismissed

Rexnord Electronics & Control Ltd. obtained two Export Promotion Capital Goods licences requiring export of specified values within five years and furnished a bond undertaking to pay interest on any duty shortfall. The company failed to meet its export obligations, leading to demand notices for …

MONI SHANKARversusUNION OF INDIA AND ANOTHER

2008 INSC 297Case Allowed

Moni Shankar, a booking supervisor with Central Railways, was caught in a decoy check and was found to have overcharged a passenger by Rs.5. A departmental proceeding found him guilty and imposed a penalty of reduction to the lowest pay scale; his appeal and revision were dismissed. He filed an …

PANCHAM CHAND AND OTHERSversusSTATE OF HIMACHAL PRADESH AND OTHERS

2008 INSC 298Case Allowed

The appellants, bus owners, applied for stage carriage permits under the Motor Vehicles Act, 1988 before the Regional Transport Authority (RTA). Respondent No.4, a politically connected bus operator, bypassed the RTA and sought the permit directly from the Chief Minister, who issued an order …

P. SWAROOPA RANIversusM. HARI NARAYANA@ HARI BABU

2008 INSC 299Disposed off

The appellant, owner of a cinema theatre, entered into a sale agreement with the respondent for Rs. 94 lakh, of which Rs. 32.97 lakh was paid. The respondent filed a suit for specific performance, relying on a receipt (Ex A.15) for a further Rs. 4.03 lakh and claiming possession of the property. The …

COMMISSIONER OF CENTRAL EXCISE, T.N.versusM/S VINAYAGA BODY BUILDING INDUSTRY LTD.

2008 INSC 300Case Allowed

The respondent, Vinayaga Body Building Industry Ltd, manufactured motor cabs on duty‑paid chassis with a seating capacity of 12 passengers plus a driver. The chassis were invoiced by the manufacturer under sub‑heading 8706.29, but the Revenue classified the completed cabs under sub‑heading 8702.10, …

EASTERN COALFIELDS LTD. & ORS.versusKALYAN BANERJEE

2008 INSC 301Case Allowed

Kalyan Banerjee, an employee of Eastern Coalfields Ltd., was appointed and later terminated in the Mugma area of Jharkhand. He filed a writ petition in the Calcutta High Court challenging his dismissal, arguing that the High Court had jurisdiction because the company's head office is located in West …

SARDARI & ORS.versusSUSHIL KUMAR & ORS.

2008 INSC 302Dismissed

The plaintiff, Jagiru, a tonga driver, died after his vehicle collided with a tractor driven by Sushil Kumar. The plaintiffs filed a claim for compensation under Section 110‑A of the Motor Vehicles Act, 1939. The insurer argued it was not liable because the tractor driver did not possess a valid …

GANPATBHAI MAHIJIBHAI SOLANKIversusSTATE OF GUJARAT & ORS.

2008 INSC 303Dismissed

The appellants, original owners of land declared surplus under the Urban Land Ceiling Act, 1976, challenged the allotment of that land to weaker sections. An earlier appeal against the surplus declaration was dismissed in 1988, but the appellants later filed another appeal in 1995, suppressing the …

RENU KUMARIversusSANJAY KUMAR AND ORS.

2008 INSC 278Case Allowed

Renu Kumari, the wife of Respondent No.3, filed a complaint under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act alleging dowry harassment. The police registered an FIR and a charge‑sheet was filed. The respondents sought discharge under Section 239 CrPC, which was rejected, and …

MORIROKU UT INDIA {P) LTD.versusSTATE OF U.P. AND ORS.

2008 INSC 282Appeal(s) allowed

Moriroku UT India (P) Ltd., a manufacturer of plastic automobile components, received tools, dies and moulds free of cost from its customer Honda Siel Cars India Ltd. to produce components. The Uttar Pradesh Tax Department levied trade tax under Section 3 of the U.P. Trade Tax Act, 1948 on the …

KAILASHversusSTATE OF RAJASTHAN & ANR.

2008 INSC 283Case Allowed

An FIR was lodged against several persons, including the appellant Kailash, for offences under various IPC sections, but Kailash was not named in the charge‑sheet. During trial the complainant moved an application under Section 319 of the Code of Criminal Procedure seeking to join Kailash as an …

SHANTABAI & ORSversusSTATE OF MAHARASHTRA

2008 INSC 284Case Allowed

The trial court convicted Shantabai, her husband Sajan and their son Govind for the murder of Gunwant Dhumale based solely on circumstantial evidence, including an alleged illicit relationship and the discovery of the dead body in front of their house. The High Court affirmed the conviction, but the …

VINAY D. NAGARversusSTATE OF RAJASTHAN

2008 INSC 285Case Allowed

Vinay D. Nagar was convicted for the murder of Kalu, a chowkidar who had been a prime witness in an abduction case against Nagar. The prosecution relied on circumstantial evidence and on Kalu's statement recorded under Section 161 of the CrPC to establish motive. The Supreme Court examined whether …

D.G. RAILWAY PROTECTION FORCE & ORS.versusK. RAGHURAM BABU

2008 INSC 286Case Allowed

The respondent, an Inspector of the Railway Protection Force, was suspended on allegations of misconduct and faced a departmental inquiry. He sought to have a friend assist him, but Rule 153(8) of the Railway Protection Force Rules, 1987 barred the friend from addressing the Inquiry Officer or …

KASHMIR SINGHversusHARNAM SINGH & ANR.

2008 INSC 279Case Partly allowed

The Supreme Court examined a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, by Kashmir Singh against Harnam Singh & Anr. The High Court had allowed the appeal without formulating any substantial question of law, contrary to the statutory requirement. The Court clarified …

RESHMA BANOversusSTATE OF UTTAR PRADESH & ORS.

2008 INSC 280Case Allowed

The appellant, Reshma Bano, sister of an accused in a kidnapping case, filed a writ petition under Section 482 of the CrPC and Article 226 of the Constitution seeking to quash criminal proceedings initiated against her on the basis of FIR No. 316 of 2007. The FIR merely noted that questioning the …

K.L.E. SOCEITY AND ORS.versusSIDDALINGESH

2008 INSC 287Case Allowed

The respondent, a former peon of K.L.E. Society, filed a private complaint alleging offences under IPC ss.403, 405 and 415 r/w s.34, claiming that salary deductions were made without justification. The Judicial Magistrate took cognizance and issued process, prompting the society to move the …

REKHA PATELversusPANKAJ VERMA AND ORS.

2008 INSC 288Disposed off

The appellant, married to the first respondent, alleged dowry harassment and a FIR was lodged under sections 498A, 323, 504, 506 IPC and sections 3 and 4 of the Dowry Prohibition Act. The respondents filed a writ petition under Article 226 seeking quash of the FIR and a stay of arrest. The Allahabad …

NAJEEB AND ORS.versusSTATE OF KERALA

2008 INSC 281Case Allowed

In Najib & Ors. v. State of Kerala, the Supreme Court examined whether land held by a Madrassa, declared as a Wakf, could be exempted from land‑ceiling provisions under Section 81(1)(t)(iii) of the Kerala Land Reforms Act, 1963. The Taluk Land Board had exempted 2.67,250 acres based on a report that …

STATE OF MAHARASHTRA & ORS.versusBHAURAO PUNJABRAO GAWANDE

2008 INSC 289Case Allowed

Bhaurao Punjabrao Gawande, a petroleum transporter, was alleged to have repeatedly engaged in black‑marketing of kerosene and faced several prosecutions under the Essential Commodities Act, 1955. The Commissioner of Police, acting under the Prevention of Black Marketing and Maintenance of Supplies …

KENDRIYA VIDYALAYA SANGATHAN AND ANR.versusSATBIR SINGH MAHLA

2008 INSC 272Case Allowed

Satbir Singh Mahla, a Trained Graduate Teacher at Kendriya Vidyalaya No.1, Air Force Suratgarh, assaulted the school Principal on 23 February 1999, causing serious injury to the Principal's eye. Although he submitted a written apology, he was charge‑sheeted, found guilty in an inquiry and removed …

BECHAARBHAI S. PRAJAPATIversusSTATE OF GUJARAT

2008 INSC 273Disposed off

Bechaarbhai S. Prajapati, a police sub‑inspector, stopped a luxury bus carrying a marriage party and demanded payment for the release of the bus documents. The Anti‑Corruption Bureau arranged a trap using anthracene‑powder‑marked currency notes, which the officer accepted and concealed in his …

RAVI PRAKASH AGARWAL & ORS.versusRAJESH PRASAD AGARWAL & ORS.

2008 INSC 274Disposed off

The appellants filed suit No. 445 of 1999 seeking a declaration that a sale deed executed by respondent No.1 in favour of respondent No.3 was void and permanent injunctions to prevent dispossession, sale or letting of the disputed property. The trial court granted an ex‑parte injunction, which was …

NATIONAL INSURANCE CO. LTD.versusPREMA DEVI & ORS.

2008 INSC 275Case Allowed

The claimant, a gratuitous passenger, was injured in an accident on 1 June 1996 while traveling in a goods carriage. The owner of the vehicle had not taken an insurance policy covering such passengers, and the insurer (National Insurance Co.) argued it was not liable for compensation. The Supreme …

PEPSU ROAD TRANSPORT CORP.versusRAWEL SINGH

2008 INSC 276Case Partly allowed

Rawel Singh, a driver with Pepsu Road Transport Corporation, was absent from duty without sanctioned leave. After notice and a charge sheet, a disciplinary enquiry was held ex parte because he failed to appear, leading to his termination. He obtained reinstatement from civil courts, which allowed …

PURAN RAMversusBHAGURAM AND ANR.

2008 INSC 277Case Partly allowed

Puran Ram purchased agricultural land from Bhaguram but the sale deed was never executed. The agreement mistakenly described the land as Chak No. 3 SSM instead of Chak No. 3 SLM. In the suit for specific performance, the plaintiff sought to amend both the plaint and the agreement to correct this …

M/S. GOA CARBON LTD.versusCOMMISSIONER OF TRADE TAX

2008 INSC 270Dismissed

M/s. Goa Carbon Ltd., a leasing company, supplied plant and machinery to Kesar Enterprises Ltd. on lease and received lease rent. The Uttar Pradesh tax authorities issued notices under s.3F of the Uttar Pradesh Trade Tax Act, 1948, assessing tax on the lease rent, treating the transaction as a …

M/S. KALIDAS SHEET METAL INDUSTRIES P. LTD.versusSTATE OF KERALA

2008 INSC 271Dismissed

Kalidas Sheet Metal Industries Ltd., a dealer in copper and brass sheets, was assessed tax at 8% on its turnover for 1984-85 and 1985-86 under entries 116A (copper) and 1160 (brass) of the Kerala General Sales Tax Act, 1963. The company contended that sheets are "unclassified" items taxable at 5% …

C.C.T. ORISSA & ORS.versusINDIAN EXPLOSIVES LTD.

2008 INSC 268Case Partly allowed

The appellant, C.C.T. Orissa & Ors., challenged a Supreme Court judgment that set aside a High Court order quashing a show‑cause notice issued to the respondent‑assessee, Indian Explosives Ltd., under the Orissa Sales Tax Act. The assessee, a registered dealer, had filed a consolidated return for AY …

VIJAY KUMAR KARWAversusOFFICIAL LIQUIDATOR, ROHTAS INDS. LTD.

2008 INSC 269Disposed off

The appellant, representing the Bangar Group, sought to revive Rohtas Industries Ltd, a sick company, by offering to purchase its assets for Rs.65.51 crore and invest Rs.650 crore for revival. The Patna High Court initially directed a sale notice for the assets and disposed of the appellant's …

COMMISSIONER OF INCOME TAX, CHENNAIversusM/S BILAHARI INVESTMENT (P) LTD.

2008 INSC 261Dismissed

The Commissioner of Income Tax appealed against the Madras High Court’s decision that the Completed Contract Method of accounting for chit discount, used by M/s Bilahari Investment (P) Ltd., was valid. The assessee companies, engaged in chit fund business, had historically applied the Completed …

RAMESH KUMARversusSTATE OF HARYANA

2008 INSC 262Dismissed

Six persons were convicted for gang-raping a married woman under IPC sections 376(2)(g), 506 r/w 149 and 148. The trial court sentenced three, including Ramesh Kumar, to life imprisonment and the other three to ten years; the High Court upheld these convictions and reduced the ten‑year sentences to …

SADANANDA HALO & OTHERSversusMOMTAZ ALI SHEIKH & ORS.

2008 INSC 263Appeal(s) allowed

The case concerned the recruitment of constables in Assam, where about 2 lakh candidates applied for 5,500 vacancies. Unsuccessful candidates filed writ petitions challenging the selection process on grounds such as postponement of interview dates, removal of district‑wise restrictions, allocation …

AKHILESH KUMAR SINGHversusSTATE OF U.P. TH. DGC(CRL.) & ANR.

2008 INSC 259Disposed off

Akhilesh Kumar Singh was charged with murder, robbery and criminal conspiracy and his trial was pending before a Sessions Court. His first bail application was rejected on 18 October 2002, but a second bail application filed on 29 October 2002 was granted on 7 November 2002. The State appealed, and …

UTTARANCHAL TRANSPORT CORPORATIONversusSANJAY KUMAR NAUTIYAL

2008 INSC 264Case Allowed

Sanjay Kumar Nautiyal, a bus conductor employed by Uttaranchal Transport Corporation, was caught in a surprise check for deliberately leaving waybill entries blank, issuing tickets without proper destination details, undercharging passengers and misappropriating ticket money. A disciplinary enquiry …

STATE OF WEST BENGAL AND ANR.versusMAHUA SARKAR

2008 INSC 265Case Partly allowed

The State seized a Maruti van loaded with hand‑sawn timber and, under s.59A of the Indian Forest Act, ordered its confiscation. The owner claimed the vehicle was lent to a friend and that he had no knowledge of the illegal timber. The High Court released the vehicle, holding that without proof of …

VIDYODAYA TRUSTversusMOHAN PRASAD R & ORS.

2008 INSC 266Case Allowed

The Vidyodaya Trust filed a petition under Section 34 of the Indian Trust Act, 1882 challenging the administration of the trust, which was dismissed by the trial court. The respondents then sought leave to file a suit under Section 92 of the Code of Civil Procedure, 1908, which was granted by the …

THE GOVERNMENT OF ANDHRA PRADESHversusP. BHASKAR AND ORS.

2008 INSC 267Disposed off

The Andhra Pradesh Government filled 12 Deputy Collector vacancies reserved for Scheduled Tribes by a limited direct recruitment after a dearth of promotable ST candidates. The Public Service Commission conducted a combined advertisement for general and limited recruitment, but the Tribunal ordered …

PRABHU DAYALversusSADHAN SAHKARI SAMITI MUJURI VIKAS KHAND PANIYARA & ORS.

2008 INSC 260Case Allowed

The appellant, employed as a salesman by a registered cooperative society, challenged his termination and filed proceedings under the Payment of Wages Act, 1963 and the Uttar Pradesh Industrial Disputes Act, 1947. The parties later reached a settlement, and an award dated 9‑12‑1988 was passed, …

J. RAMULUversusSTATE OF ANDHRA PRADESH

2008 INSC 253Appeal(s) allowed

The case involved an acid attack on G. Janardhan, resulting in his death. The prosecution’s case against accused A‑1 and A‑2 rested mainly on a dying declaration recorded by a magistrate, which alleged that the deceased had named the accused. The trial and High Courts accepted this declaration …

COMMISSIONER OF TRADE TAX, U.P.versusM/S. J.U. PESTICIDES & CHEMICAL P. LTD.

2008 INSC 254Case Allowed

The Commissioner of Trade Tax, U.P. sought revision of a seizure order on agro‑chemical drums, alleging that the goods loaded in a truck differed from those declared in the transit pass. The departmental authorities and the Trade Tax Tribunal found that the goods were indeed different and upheld the …

ABDULSATIAR YUSUFBHAI QURESHI & ORS.versusSTATE OF GUJARAT

2008 INSC 255Dismissed

The appellants, who are engaged in the slaughter and sale of meat of bulls and bullocks, challenged a 1989 notification issued by the Gujarat government that prohibited such activities, invoking powers under the Gujarat Essential Commodities and Cattle (Control) Act, 1958. The Gujarat High Court …

SILVEY & ORS.versusARUN VARGHESE & ANR.

2008 INSC 256Dismissed

Silvey & Ors., the vendors, entered into an agreement to sell 10 acres of land to Arun Vargheese & Anr., the purchasers, who paid an advance and were ready to perform their part of the contract. The vendors failed to furnish required documents, licences and registration, and alleged that the …

NATIONAL INSURANCE COMPANY LTD.versusSEHTIA SHOES

2008 INSC 257Case Allowed

The insured, Sehtia Shoes, obtained a shop‑keeper insurance policy from National Insurance Company Ltd. After a fire, the insurer paid Rs 2.72 lakhs as full and final settlement. The insured later filed a consumer complaint alleging that the settlement was signed under coercion and claimed the loss …

UMESH CHALLIYILversusK.P. RAJENDRAN

2008 INSC 258Case Allowed

Umesh Challiyil filed an election petition under the Representation of the People Act, 1951 alleging corrupt practices by the elected candidate K.P. Rajendran. The Kerala High Court dismissed the petition on preliminary objections, holding that the verification in the petition and the affirmation in …

GOVERNMENT OF ANDHRA PRADESH & ORS.versusSMT. P. LAXMI DEVI

2008 INSC 247Case Allowed

The appellant State challenged a High Court order that declared Section 47A of the Indian Stamp Act, as amended by Andhra Pradesh Act 8 of 1998, unconstitutional. The amendment requires a party to deposit 50% of the deficit stamp duty before a registering officer can refer the instrument to the …

VAISHAKHI RAM AND ORS.versusSANJEEV KUMAR BHATIANI

2008 INSC 248Dismissed

The appellants, led by Vaisakhi Ram, were tenants of a shop in Delhi since 1956. They allowed three relatives (appellants Nos.2‑4) to conduct independent businesses in a portion of the shop without obtaining the landlord's written consent. The present landlord, Sanjeev Kumar Bhatiani, purchased the …

RAJESH KUMAR AND ANR.versusSTATE GOVT. OF NCT OF DELHI

2008 INSC 249Disposed off

The appellants were arrested for allegedly smuggling whisky from Haryana to Delhi; samples seized were sent to the Excise Control Laboratory, which reported the substance as whisky. They were convicted under Section 61 of the Punjab Excise Act, 1914 and sentenced to six months' simple imprisonment. …

LIYAKATversusSTATE OF UTTARANCHAL

2008 INSC 250Dismissed

The child Noor Alam, about 1½ years old, was left in the custody of accused Liyakat, Zahira, Jeewani and Riyasat by his parents. Within three hours the child went missing and his body was later discovered buried in Liyakat's hut. The prosecution relied solely on circumstantial evidence – the child's …

M/S GOYAL ENTERPRISESversusSTATE OF JHARKHAND AND ANR.

2008 INSC 251Case Allowed

M/s Goyal Enterprises filed an application under Section 378(4) of the Code of Criminal Procedure, 1973 seeking leave to appeal an acquittal. The Jharkhand High Court dismissed the application summarily without providing any reasons. The Supreme Court held that a judicial order refusing leave to …

STATE OF U.P. AND ORS.versusMANOJ KUMAR DWIVEDI AND ORS

2008 INSC 252Disposed off

The Supreme Court examined the meaning of "close proximity" in sub‑rule (4) of Rule 5 of the Uttar Pradesh Number and Location of Excise Shop Rules, 1968, after a Lucknow High Court had held that it meant a distance of about 100 metres (300 ft) and ordered the immediate closure of liquor shops …

STATE OF BIHAR AND ORS.versusBIHAR VETERINARY ASSOCIATION AND ORS.

2008 INSC 238Case Allowed

The Bihar Veterinary Association filed a writ petition seeking to have veterinarians employed in the Bihar Animal Husbandry Service placed on the same pay scale (Rs 8,000‑13,500) as the Indian Veterinary Service, arguing that the Fitment Committee had erred by recommending a lower scale of Rs …

MADAN MOHAN SHARMA & ANR.versusSTATE OF RAJASTHAN & ORS.

2008 INSC 239Dismissed

The Rajasthan Zilla Parishad advertised vacancies for Teacher Grade‑III posts in 1996 based on a circular that required only Secondary Examination marks. During the selection process the government issued a new circular raising the qualification to Higher Secondary and later, under Rule 296 of the …

SOBHAGYAMAL & ANR.versusGOPAL DAS NIKHRA

2008 INSC 240Disposed off

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961 on grounds of default in rent, sub‑letting and later bonafide necessity. The tenant was given protection under s.12(3) and the first suit was decreed on bonafide necessity, not on arrears …

PULIN DAS @ PANNA KOCHversusSTATE OF ASSAM

2008 INSC 241Appeal(s) allowed

The appellants, Pulin Das @ Panna Koch and Mahendra Saikia @ Dilip Saikia, were arrested after a police raid on 8 December 1993 during which arms were seized and they were alleged to be members of the banned ULFA outfit. They were convicted by a designated TADA court under Section 3(2)(ii) of the …

STATE OF RAJASTHANversusROHITAS & ORS.

2008 INSC 242Case Allowed

The respondents were acquitted by a trial court of offences under IPC sections 498A and 304B. The State of Rajasthan filed an application under CrPC section 378(1) seeking leave to appeal the acquittal, which the Rajasthan High Court dismissed without recording any reasons. The Supreme Court held …

STATE OF RAJASTHANversusRAJENDRA PRASAD JAIN

2008 INSC 243Case Allowed

The accused, Rajendra Prasad Jain, was acquitted by a Special Judge under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, on the ground that the prosecution failed to prove demand and acceptance of a bribe. The State of Rajasthan filed an application under Section …

CHANDRA PRAKASH SINGH & ORS.versusCHAIRMAN, PURVANCHAL GRAMIN BANK & ORS.

2008 INSC 244Dismissed

The appellants, who had unsuccessfully appeared for a written promotion test conducted by the Institute of Banking Personnel Selection for posts in Purvanchal Gramin Bank, alleged that the then Chairman (respondent No.10) acted with mala fide intent by favouring his brother and cousin, and that the …

SUMITOMO CORPORATIONversusCDC FINANCIAL SERVICES (MAURITIUS) LTD. & ORS.

2008 INSC 245Dismissed

Sumitomo Corporation, Punjab Tractors Pvt. Ltd. and Swaraj Mazda Ltd. entered into a joint venture agreement that later gave rise to disputes over shareholding and management. The respondents filed a company petition before the Company Law Board (CLB) under Sections 397, 398 and 402 of the Companies …

PUNJAB STATE AND ORS.versusHARVINDER SINGH

2008 INSC 246Dismissed

Harvinder Singh, a decree‑holder, applied during execution for interest on the decree amount, although the decree was silent on interest. The trial court allowed 12% interest, a decision upheld by the High Court. The Supreme Court set aside those orders, holding that an executing court lacks …

CENTRAL BUREAU OF INVESTIGATIONversusK.M. SHARAN

2008 INSC 229Disposed off

The Central Bureau of Investigation (CBI) investigated K.M. Sharan, former Vice‑Chairman of the Delhi Development Authority, and his son for alleged illegal gratification from DLF and for possessing cash of Rs.36 lakh recovered from the son’s residence. The CBI filed a charge‑sheet under IPC …

SOM MITTALversusGOVERNMENT OF KARNATAKA

2008 INSC 226Reference answered

The appellant, Managing Director of M/s Hewlett Packard Global Soft Ltd., was the subject of a complaint under section 200 CrPC for alleged violation of the Karnataka Shops & Commercial Establishments Act, 1961. He sought quashal of the complaint and the FIR under section 482 of the Code of Criminal …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.

2008 INSC 227Disposed off

The Supreme Court entertained an interlocutory application concerning the constitution of a Central Empowered Committee (CEC) under Section 3(3) of the Environment Protection Act, 1986. After considering submissions of the Solicitor General and an Amicus Curiae, the Court specified the composition …

M/S. WEP PERIPHERALS LTD.versusCOMMISSIONER OF CUSTOMS, CHENNAI

2008 INSC 230Appeal(s) allowed

M/s WEP Peripherals Ltd imported shuttles used in printers and paid a royalty/licence fee to the foreign supplier. The Customs adjudicating authority added the royalty fee to the customs value of the shuttles by using the peak price, ignoring that the importer had received a bulk order and had …

COMMISSIONER OF CUSTOMSversusM/S FERODO INDIA PVT. LTD.

2008 INSC 231Dismissed

The appellant, Commissioner of Customs, appealed against the Tribunal’s order that the royalty and licence fees payable under a technical assistance and trademark agreement (TAA) between M/s Ferodo India Pvt. Ltd. (the respondent) and its foreign licensor should be added to the customs value of …

MUNDRIKA DUBEY AND ORS.versusSTATE OF BIHAR AND ORS.

2008 INSC 232Dismissed

The appellants, Class IV employees of Bihar Rajya Shakari Bhumi Vikas Bank, were compulsorily retired under the Bank's Rules 232 and 235. They challenged the retirement, arguing that only Rule 232, which requires inefficiency, could be used for compulsory retirement, and that Rule 235 merely dealt …

SUNIL @ BALO DAS AND ORSversusRAJESH DAS AND ORS.

2008 INSC 233Case Allowed

The appellants were acquitted by a trial court of kidnapping a minor girl. The Jharkhand High Court set aside that acquittal and remitted the case to the trial court for a fresh hearing, but did so without recording any reasons or analysing the evidence. The appellants challenged this order before …

NEW INDIA ASSURANCE CO. LTD.versusVIPIN BEHARI LAL SRIVASTAVA

2008 INSC 234Case Allowed

The respondent, a permanent typist, was removed from service on the ground of unauthorized absence. The Industrial Tribunal held that he was suffering from tuberculosis, had applied for sick leave and that the employer had not acted on his applications, thus ordering reinstatement with back wages. …

SHRI V.S. KRISHNAN AND ORS.versusM/S. WESTFORT HI-TECH HOSPITAL LTD. AND ORS.

2008 INSC 235Dismissed

The appellants, directors and shareholders of Westfort Hi‑Tech Hospital Ltd., claimed that they were denied proper notice of the eleventh Annual General Meeting (AGM), were illegally removed from directorships despite a promise of permanent appointment, and that the issuance of right shares and …

T.A. HAMEEDversusM. VISWANATHAN

2008 INSC 236Disposed off

The Kerala High Court Division Bench referred a question of law to its Full Bench concerning the applicability of Section 11(17) of the Kerala Buildings (Lease and Rent Control) Act to legal heirs of a deceased tenant. The Full Bench answered the question but then proceeded to decide the civil …

SAT PAL PURIversusPUNJAB STATE ELECTRICITY BOARD & ORS.

2008 INSC 237Disposed off

The appellants, technical field staff of the Punjab State Electricity Board (PSEB), filed a writ petition seeking parity in remuneration for work performed on Saturdays and Sundays, relying on the Supreme Court’s decision in Municipal Employees Union v. State of Punjab. The Punjab & Haryana High …

UNION PUBLIC SERVICE COMMISSIONversusDR. JAMUNA KURUP & ORS.

2008 INSC 228Dismissed

The Municipal Corporation of Delhi (MCD) appointed 37 medical officers on short‑term contracts while awaiting UPSC recruitment for regular posts. UPSC’s advertisement for the posts allowed age relaxation for "employees of Municipal Corporation of Delhi" but the Commission argued that this term …

SHAIK NAGOORversusSTATE OF A.P. TH. PUB. PROSECUTOR HIGH COURT OF A.P., HYDERABAD

2008 INSC 222Dismissed

The appellant, Shaik Nagoor, was charged under IPC sections 354, 448 and 306 for allegedly assaulting the deceased, who later set herself on fire. The prosecution relied on two dying declarations recorded by a judicial officer and a constable. The trial court convicted on all three charges; the High …

K.V. RAMI REDDIversusPREMA

2008 INSC 223Dismissed

The respondent filed a suit for specific performance which was decided by a Seventh Assistant City Civil Judge on 24 March 1999. The judge recorded only an endorsement in the docket and did not fully dictate the judgment before signing, with the operative portion being dictated the next day. The …

RAMAKRISHNA PILLAI & ANR.versusMUHAMMED KUNJU & ORS.

2008 INSC 224Appeal(s) allowed

The appellants filed two suits for specific performance of agreements to sell property, expressly stating in the plaints that they were always ready and willing to fulfil their part of the contracts. The defendants contested the validity of the agreements and claimed the suits were barred by …

BOARD OF DIRECTORS, H.P.T.C. & ANR.versusK.C. RAHI

2008 INSC 225Case Allowed

The respondent, an Inspector in the Himachal Pradesh Transport Corporation, was charge‑sheeted and served notice of a departmental inquiry by post and by publication in a newspaper. He chose not to appear, and the inquiry proceeded ex parte, resulting in a finding of guilt and termination of his …

M/S. MUNJAL SALES CORPORATIONversusCOMMISSIONER OF INCOME TAX, LUDHIANA AND ANR.

2008 INSC 214Appeal(s) allowed

Munjal Sales Corporation appealed against disallowances of interest deductions claimed under Section 36(1)(iii) of the Income Tax Act, 1961. The Assessing Officer held that interest-free advances given to sister concerns were funded by interest‑bearing loans and thus barred by Section 40(b)(iv). The …

AFHQ/ISOS SOS (DP) ASSOCIATION & ORS.versusUNION OF INDIA & ORS.

2008 INSC 212Case Partly allowed

The case concerned the inter‑se seniority of Assistant Civilian Staff Officers (ACSOs) recruited directly (DR) versus those promoted from within the department (DP) under the Armed Forces Headquarters Civil Service Rules, 1968. The Central Administrative Tribunal (CAT) in M.G. Bansal's case had held …

MOHD. HUSSAIN (DEAD) BY LRS. AND ORS.versusGOPIBAI AND ORS.

2008 INSC 215Case Allowed

The Supreme Court examined two questions arising from a suit for redemption of a mortgage. First, it held that the second appeal did not abate despite the death of respondent Mohd. Hussain because some of his heirs were already on record, and the only procedural step required was to note his death …

PRASAD KURIEN AND ORS.versusK.J. AUGUSTIN AND ORS.

2008 INSC 213Dismissed

The Kerala Public Service Commission published a list of 40 direct recruits for the Excise Inspector cadre, which was challenged on the ground that the ratio of direct recruitment to promotion should be limited to 25% of the total cadre strength as per Note (3) to Rule 5 of the 1958 Service Rules. …

N. SRIHARI (D) THROUGH LRS. & ORS.versusN. PRAKASH & ORS.

2008 INSC 216Disposed off

The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary …

THIRUVENGADA PILLAIversusNAVANEETHAMMAL & ANR.

2008 INSC 217Dismissed

The plaintiff filed a suit for specific performance of a sale agreement dated 5 January 1980, which the defendant denied executing. The agreement was written on two stamp papers purchased in 1973 and 1978, and the plaintiff failed to produce expert fingerprint analysis to prove the thumb impression …

NIVRUTII PANDURANG KOKATE AND ORSversusSTATE OF MAHARASHTRA

2008 INSC 218Dismissed

The appellants were convicted of murder and concealment of evidence under IPC sections 302, 201 and 34 for the killing of Saban Misal. The conviction rested primarily on the testimony of PW‑13, the deceased's daughter, who was about 12 years old at the time and described how her mother and others …

ARUN KUMARversusTHE STATE OF BIHAR AND ANR.

2008 INSC 219Case Allowed

Arun Kumar was tried before a Sessions Judge who held that he was not a juvenile. He applied for trial before the Juvenile Justice Board, and the High Court allowed the application, directing that he be treated as a juvenile. On appeal, the Supreme Court observed that at the time of framing charges …

NATIONAL ALUMINIUM CO. LTD.versusTHE STATE OF A.P. & ORS.

2008 INSC 220Case Partly allowed

National Aluminium Co. Ltd., a government company with its corporate office in Odisha and a mercantile office in Visakhapatnam, exported aluminium via Visakhapatnam port and earned Duty Entitlement Pass Book (DEPB) credits. It auctioned these credits to bidders from other states, treating the …

N. SRIHARI (D) THROUGH LRS. & ORS.versusN. PRAKASH & ORS.

2008 INSC 221Disposed off

The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary …

UNION OF INDIA & ORSversusSHAKTI LPG LTD. & ANR

2008 INSC 209Appeal(s) allowed

Shakti LPG Ltd. imported steel plates in 1996 and warehoused them under the Customs Act, 1962. The initial one‑year warehousing period was repeatedly extended until January 2001, after which the importer surrendered the goods in December 2004. When an auction was scheduled for September 2005, the …

BRIJ NARAIN SINGHversusADYA PRASAD (DEAD) AND ORS.

2008 INSC 210Dismissed

The case involved four separate suits (nos. 97‑100) concerning lands in four villages, all filed under Section 49 of the U.P. Tenancy Act, 1939. A common judgment was delivered, after which the judgment in suit no. 98 attained finality, while appeals against the common judgment in suits 99 and 100 …

PROGRESSIVE EDUCATION SOCIETY & ANR.versusRAJENDRA & ANR.

2008 INSC 197Dismissed

The Progressive Education Society appointed Rajendra as a teacher on a two‑year probation starting 9 August 1992. Before the probation period ended, the Society terminated his services on 1 August 1994, citing unsatisfactory performance and paid notice pay. Rajendra challenged the termination under …

L. PARMESWARANversusCHIEF PERSONNEL OFFICER & ORS.

2008 INSC 198Case Partly allowed

L. Parameswaran, originally a casual artisan in the Electrical Division of Indian Railways, was promoted to ex‑cadre posts in the Mechanical side (Diesel Mechanic Grade II and later Grade I). The Railway Administration later adopted a policy to repatriate ex‑cadre employees to their parent cadre …

K. MANJUSREEversusSTATE OF AP. & ANR.

2008 INSC 195Disposed off

The Supreme Court examined the recruitment of ten District & Sessions Judges (Grade‑II) in Andhra Pradesh, where the High Court’s Administrative Committee had fixed a 75‑mark written exam and a 25‑mark interview, but the written test was actually conducted for 100 marks and the interview marks were …

MANAGEMENT, THE ASSISTANT SALT COMMISSIONERversusSECRETARY, CENTRAL SALT MAZDOOR UNION

2008 INSC 199Case Partly allowed

The case concerned a group of platform mazdoor who had worked for the Assistant Salt Commissioner for periods ranging from ten to thirty years and claimed regularisation after completing more than 240 days of work per year. The department argued that the workers were engaged on daily wages on behalf …

GHAZIABAD DEVELOPMENT AUTHORITY & ANR.versusASHOK KUMAR & ANR.

2008 INSC 200Case Partly allowed

The Ghaziabad Development Authority (appellant) terminated Ashok Kumar (respondent), a daily‑wage Amin, on 1 May 1990. Kumar claimed the dismissal violated Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a workman who has worked at least 240 days in a year to be given …

BANT SINGH & ANR.versusNIRANJAN SINGH(D) BY LRS,& ANR.

2008 INSC 201Case Allowed

The dispute arose over the mutation of property left by Chartu, who had two sons and a daughter Nandi. After the deaths of the sons, the respondent claimed the land was joint coparcenary property and that Nandi and her children (the appellants) had no right, while the appellants sought to establish …

S.K. ALAGHversusSTATE OF U.P. & ORS.

2008 INSC 202Case Allowed

The proprietor of Akash Traders filed a criminal complaint against the Managing Director of Britannia Industries Ltd, alleging criminal breach of trust under Section 406 IPC for demand drafts issued for undelivered goods. The company itself was not impleaded, and the appellant was initially …

UNION OF INDIAversusDATIATRAY S/O NAMDEO MENDHEKAR & ORS.

2008 INSC 196Case Allowed

The respondent, Dattatray, claimed to belong to the Halba Scheduled Tribe and was appointed as an Assistant Professor in a post reserved for STs. Verification by authorities later established that his caste certificate was false, leading the Scrutiny Committee to invalidate his claim. The High …

G.M., B.S.N.L. & ORS.versusMAHESH CHAND

2008 INSC 203Case Allowed

Mahesh Chand, a workman, claimed that his termination in 1998 was illegal because he had continuously worked for more than 240 days in each calendar year from 1987 to 1998, invoking Section 25‑F of the Industrial Disputes Act, 1947. The employer, G.M., B.S.N.L. & Ors., contended that Chand was …

SHER SINGH & ANR.versusSTATE OF PUNJAB

2008 INSC 204Dismissed

The case involved the murder of Jaspal Kaur, who died from severe burns after allegedly being set alight by her husband, father‑in‑law, mother‑in‑law and sister‑in‑law. Four dying declarations were recorded: an initial one to an ASI stating the fire was accidental, and three subsequent statements to …

GOWDARA NANJAPPAversusMATADA BASAIAH & ORS.

2008 INSC 205Case Allowed

The case concerned Inam lands endowed to a deity in Karnataka where several persons applied for occupancy rights. The Land Tribunal initially granted occupancy rights to Gowdara Nanjappa and others, but the Appellate Tribunal set aside the grant to Matada Basaiah for 2 acres 26 guntas, holding that …

STATE BANK OF PATIALAversusMANJEET

2008 INSC 206Case Allowed

The father, an employee of State Bank of Patiala, died in service and his widow was appointed on compassionate grounds. When the daughter turned 18, she applied for family pension under the State Bank of India (Subsidiary Banks) Act, 1959 and the 1995 Pension Regulations. The bank rejected the …

CHEROTTE SUGATHAN (DIED THROUGH LR'S) & ORS.versusCHEROTTE BHARATHI & ORS.

2008 INSC 207Dismissed

The deceased Sri Pervakutty executed a will in 1975 bequeathing his property to his sons, while providing a monthly allowance and residence right to his wife. After Pervakutty's death, his son Sukumaran died in 1976 and the widow remarried in 1979. The widow filed a partition suit in 1985 claiming …

B.K. MUNIRAJUversusSTATE OF KARNATAKA AND ORS.

2008 INSC 208Dismissed

The appellant, B.K. Muniraju, sought cancellation of a sale deed and restoration of land that had been transferred to respondents 4 and 5, invoking the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Assistant Commissioner and the Deputy …

RAMESH DASSversusRAGHU NATH AND ORS.

2008 INSC 185Appeal(s) allowed

The trial court convicted five accused of offences under Sections 148, 323, 324, 325 and 326 read with Section 149 of the IPC and sentenced them to imprisonment and fines. On appeal, the High Court reduced some sentences, enhanced the fine and ordered the accused to be released on probation under …

RAJASTHAN KRISHI VISHVA VIDHYALAYA, BIKANERversusDEVI SINGH

2008 INSC 186Appeal(s) allowed

The petitioners, who were engaged on a daily‑wage basis at the Rajasthan Krishi Vishva Vidyalaya research centre, were terminated when work ceased and sought regularisation as Class IV employees with regular pay, also challenging sections 7, 9, 11 and 19 of the Rajasthan Regulation of Appointments …

COMMNR. OF CUSTOMS, CENTRAL EXCISE, NOIDAversusM/S PUNJAB FIBRES LTD., NOIDA

2008 INSC 187Dismissed

The appeals concerned whether a High Court could condone a delay in filing a reference application under Section 35‑H of the Central Excise Act, 1944. The reference applications were filed after the statutory period of 180 days. The Court examined the provisions of Sections 35‑G, 35‑E(3) and the …

S. ANANDversusVASUMATHI CHANDRASEKAR

2008 INSC 188Dismissed

The appellant, S. Anand, was prosecuted under Section 138 of the Negotiable Instruments Act based on a complaint by Vasumathi Chandrasekar. The Metropolitan Magistrate acquitted him under Section 256(1) of the CrPC, citing the complainant's continuous absence and lack of representation. The High …

THE ORIENTAL INSURANCE COMPANY LTD.versusSORUMAI GOGOI AND ORS.

2008 INSC 189Case Allowed

Bipul Gogoi, employed as a driver, disappeared on 9 October 1996 and was later declared a proclaimed offender for absconding with the vehicle. His parents claimed compensation under the Workmen Compensation Act, 1923, asserting his death in the course of employment. The Commissioner and the High …

THE STATE OF JHARKHAND & ORS.versusBIJAY KUMAR & ORS.

2008 INSC 190Appeal(s) allowed

The respondents were appointed on an ad‑hoc basis as Technical Assistants in the Frozen Semen Bank Project of the Bihar Animal Husbandry Department in 1992 and were terminated in 1997 after the Fodder Scam. They filed writ petitions challenging their termination, which were dismissed by the High …

BHARAT HEAVY ELECTRICALS LTD.versusESI CORPORATION

2008 INSC 191Case Allowed

Bharat Heavy Electricals Ltd. (BHEL), a public sector undertaking, received a notice under Section 45A of the Employees' State Insurance Act, 1948 for non‑payment of ESI contributions for the period 1981‑1991. BHEL argued that the workers were employed by contractors and therefore sought to implead …

A. MANOHARAN AND ORS.versusUNION OF INDIA AND ORS.

2008 INSC 192Case Allowed

The Madras Port Trust Employees (Appointment, Promotion etc.) Regulations, 2000 required a civil engineering degree for appointment as Executive Engineer, thereby excluding diploma holders from promotion. Diploma engineers, relying on Central Government recommendations for a 4:1 promotion ratio, …

ORIENTAL INSURANCE COMPANY LTD.versusJASHUBEN AND ORS.

2008 INSC 193Case Partly allowed

The Supreme Court examined an appeal by Oriental Insurance Company Ltd. against a compensation award to the heirs of Devjibhai Rathod, an ONGC assistant who died in a 1994 bus accident. The lower tribunals had calculated loss of dependency by incorporating ONGC's pay revisions that took effect from …

B. VISHWANATHversusSTATE OF KARNATAKA

2008 INSC 184Appeal(s) allowed

B. Vishwanath was convicted by a trial court for offences under Sections 307, 427 and 448 of the Indian Penal Code for assaulting his sister‑in‑law and mother with a sickle. He appealed to the Karnataka High Court, which on 1 July 2006 disposed of the appeal without indicating whether it was allowed …

BASIC EDUCATION BOARD, U.P.versusUPENDRA RAI AND ORS.

2008 INSC 171Disposed off

The Uttar Pradesh Government issued a circular on 11 August 1997, under the Basic Education (Teachers) Service Rules, 1981, stipulating that only candidates trained in state government institutes and holding a Basic Teacher Certificate (BTC) or its equivalents could be appointed as Assistant …

STATE OF U.P.versusJAGRAM & ORS.

2008 INSC 172Disposed off

The State of U.P. appealed the Allahabad High Court's acquittal of four accused who had been convicted by the trial court for murder (IPC s.302) and voluntarily causing hurt (IPC s.324) read with common intention (IPC s.34). The High Court had set aside the convictions, citing discrepancies in …

HAR PRASAD AND ANR.versusRANVEER SINGH AND ANR.

2008 INSC 173Dismissed

The appellants contended that a false affidavit filed with a protest petition, after the informant's death, rendered the magistrate's order invalid. The Sessions Judge had held that the magistrate could not have proceeded, but the High Court reversed, finding that the magistrate's order was based on …

JAGADEESH & ANR.versusSTATE OF KARNATAKA & ORS.

2008 INSC 175Dismissed

The appellants, Jagadeesh and others, claimed tenancy and occupancy rights over a scheduled agricultural land and filed Form‑7 before the Karnataka Land Tribunal. The Tribunal and the Appellate Authority granted occupancy rights, but the High Court, exercising revisional jurisdiction under Section …

BOKKA SUBBA RAOversusKUKKALA BALAKRISHNA & ORS.

2008 INSC 176Case Partly allowed

The plaintiffs‑respondents filed a suit seeking a declaration of ownership of a specific property and a perpetual injunction. The trial court dismissed the suit and the decision was upheld on appeal. The High Court, however, in a second appeal, reversed the lower courts and decreed in favour of the …

BALU @ BAKTHVATCHALUversusSTATE OF TAMIL NADU

2008 INSC 177Case Allowed

The appellant, Balu (Bakthavatchalu), was convicted of murder under IPC 302 for an incident that occurred on 20 April 1998. The trial court recorded his age as 18 and rejected his application to be sent to a Borstal School. On appeal, the Supreme Court was asked to determine whether he was a …

BADSHAH AND ORS.versusSTATE OF U.P.

2008 INSC 178Dismissed

The appellants Badshah and others were accused of kidnapping Suraj Pal Singh on 23 May 1980, armed and stating they would kill him. The victim was never seen again, and the prosecution relied on eyewitness testimony that the accused had expressed intent to murder. The trial court convicted them …

BHANWAR SINGHversusPURAN AND ORS.

2008 INSC 179Dismissed

The appellant, Bhanwar Singh, son of Sant Ram, challenged a mortgage and sale of land made by his father in 1985 to the respondents, arguing that the land was joint family property and could not be alienated without legal necessity. The land originally belonged to the appellant's paternal …

STATE OF M.P. AND OTHERS.versusHAZARILAL

2008 INSC 180Dismissed

Hazarilal, a peon in a Madhya Pradesh middle school, was convicted under IPC sections 323 and 34 for a simple assault and was fined Rs.500 after his one‑month imprisonment was reduced on appeal. The State terminated his service under the Madhya Pradesh Civil Services (Classification, Control and …

PATINHARE PURAYIL NABEESUMMAversusMINIYATAN ZACHARIAS AND ANOTHER

2008 INSC 181Case Allowed

The appellant, Patinhare Purayil Nabeesumma, claimed title and possession of land for which her husband, a cultivating tenant, had obtained a certificate of purchase under the Kerala Land Reforms Act in 1976. The respondents later obtained a second certificate for the same land in 1977. The trial …

THE NEW INDIA INSURANCE COMPANYversusDARSHANA DEVI AND ORS

2008 INSC 182Disposed off

A labourer travelling on the mud‑guard of a tractor owned by three brothers was killed when the driver, the son of one owner, lost control of the vehicle. The driver had no licence and the tractor was being used for hire, contrary to the terms of the compulsory insurance policy. The heirs of the …

RAKESHversusSTATE OF M.P.

2008 INSC 166Case 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 …

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

2008 INSC 167Case 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 …

GRAM PANCHAYAT, VILLAGE KUM KALANversusSTATE OF PUNJAB & ORS.

2008 INSC 169Case 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 …

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

2008 INSC 170Dismissed

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 …

RAGHUNATH ANANT GOVILKARversusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 154Dismissed

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 …

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

2008 INSC 155Disposed 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 …

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

2008 INSC 156Case 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 …

DIVL. FOREST OFFICER, KOTHAGUDEM & ORS.versusMADHUSUDHAN RAO

2008 INSC 157Dismissed

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 …

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

2008 INSC 158Dismissed

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 …

M/S. PADINJAREKARA AGENCIES LIMITEDversusSTATE OF KERALA

2008 INSC 159Appeal(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" …

ASSISTANT COMMISSIONER OF INCOME TAX, AHMEDABADversusARVIND POLYCOT LTD.

2008 INSC 160Dismissed

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 …

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

2008 INSC 161Dismissed

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 …

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

2008 INSC 162Dismissed

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 …

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

2008 INSC 163Case 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 …

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

2008 INSC 164Case 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 …

SWAIKA PROPERTIES PVT. LTD. AND ANR.versusSTATE OF RAJASTHAN AND ORS.

2008 INSC 149Dismissed

The appellants' land was notified for acquisition under the Rajasthan Urban Improvement Act, 1959 in 1975 and a declaration was made in 1984 directing them to surrender possession. They first approached the Calcutta High Court, which was stayed by the Supreme Court on jurisdictional grounds. …

COMMISSIONER OF CUSTOMS & CENTRAL EXCISE, GOAversusPHIL CORPORATION LTD.

2008 INSC 150Disposed off

Phil Corporation Ltd. processed cashew nuts, peanuts and almonds by dry/oil roasting, salting, seasoning and packed them in small containers, clearing the goods without paying excise duty and claiming classification under Chapter 8 (0801.00) at a nil rate. The Revenue argued that the processed …

STATE OF U.P.versusAJAI KUMAR

2008 INSC 151Case Allowed

The State of Uttar Pradesh charged Ajai Kumar and others under IPC sections 394, 307 and 411 for allegedly snatching Rs 1,25,000 from a bank and injuring two victims. Part of the stolen money, bearing the bank's stamp, was recovered from the accused. The trial court acquitted the appellant, relying …

LIFE INSURANCE CORPORATION OF INDIAversusJAYA CHANDEL

2008 INSC 152Case Allowed

Karan Singh Chandel purchased a LIC life insurance policy on 28‑03‑1994. The annual premium due on 28‑03‑1995 was not paid and the policy lapsed after a one‑month grace period. The insured died on 01‑07‑1995. A cheque for the premium and late fee was issued on 27‑06‑1995 but was only received by LIC …

SHIV SINGH CHAKversusBABY JAIN

2008 INSC 148Dismissed

The respondent, a landlord, filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a non‑residential shop for her husband's motor‑parts business. The appellant, the tenant, contended that he …

UNION OF INDIA AND ORSversusRAJESH VYAS

2008 INSC 153Disposed off

The Union of India and others sought to discharge several Airmen under the Habitual Offenders Policy, issuing show‑cause notices and receiving replies from the respondents. The respondents challenged the discharges, alleging that the replies to the show‑cause notices were not considered, thereby …

BALWANT SINGH AND OTHERSversusSTATE OF PUNJAB

2008 INSC 145Dismissed

The appellants, Balwant Singh and his three sons, were armed with kirpans and gandasas and attacked Kuldeep Singh at the house of his mother Amarjit Kaur, inflicting multiple injuries that proved fatal. The prosecution relied on the testimony of two surviving witnesses, Amarjit Kaur and Sukhjit …

SRI THIMMAIAHversusSHABIRA AND ORS.

2008 INSC 146Case Partly allowed

The plaintiffs (respondent No.1 and No.2) purchased land (site 43) from respondent No.3 and, while demolishing a temporary structure, were interfered with by the appellant (defendant No.1) who attempted to encroach on the property. The plaintiffs filed a suit for a permanent injunction to restrain …

BARKAT ALI & ANR.versusBADRI NARAIN (D) BY LRS.

2008 INSC 147Dismissed

The decree holder obtained a decree against the judgment debtor in a mortgage suit and filed successive execution applications. In the latest execution, after notice and adjournments, the court found no objections and ordered attachment of property under Order XXI Rule 22, proceeding to issue a …

SHRI V.J. THOMASversusSHRI PATHROSE ABRAHAM & ORS.

2008 INSC 138Dismissed

V.J. Thomas filed a suit under Order 1 Rule 8 of the CPC for declaration of title, possession and an injunction against respondents 3‑5, publishing a notice under Order 1 Rule 10. The respondents did not appear and an ex‑parte decree was passed. In the execution proceedings, respondents 1 and 2, who …

V. SUBBULAKSHMI & ORS.versusS.LAKSHMI & ANR.

2008 INSC 139Dismissed

A bus driver’s negligent driving caused the death of a man, whose legal heirs claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal estimated the deceased’s monthly income at Rs 9,600 and awarded compensation accordingly, but the High Court reduced the income estimate to Rs …

VIMLESH KUMARI KULSHRESTHAversusSAMBHAJIRAO AND ANR.

2008 INSC 140Dismissed

Vimlesh Kumari Kulshrestha, a tenant of only a portion of a house, entered into an agreement of sale dated 1 April 1986 for the house she occupied. She filed a suit for specific performance (OS No. 228A/86) but the court noted non‑payment of proper court fees, prompting her to file a second suit (OS …

FOOD CORPORATION OF INDIA & ORS.versusPARASHOTAM DAS BANSAL & ORS.

2008 INSC 141Dismissed

The respondents, a small cadre of engineers employed by the Food Corporation of India (FCI), alleged that they had been denied any promotional avenue for over thirty years despite recommendations of the Fifth Pay Commission. They filed a writ petition seeking a direction to the statutory body, a …

SMT. BACHAHAN DEVI & ANR.versusNAGAR NIGAM, GORAKHPUR & ANR.

2008 INSC 142Dismissed

The Supreme Court examined an appeal by the defendants challenging a High Court order that set aside a First Appellate Court's remand of a suit to the trial court under Order 41 Rule 25 of the Code of Civil Procedure, 1908. The key issue was the legal effect of the words "may" and "shall" appearing …

BABOOLAL SHARDA & ANR.versusSMT. SAVITRIBAI & ORS.

2008 INSC 143Case Allowed

Respondent No.1 filed a complaint under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976, alleging that land transferred to the appellants was obtained through a prohibited loan transaction and should be restored. The …

DHARMA NAIKAversusRAMA NAIKA AND ANR.

[2008] 2 S.C.R. 451Dismissed

The case concerned a 2‑acre land granted by the Government of Karnataka to a Scheduled Caste grantee with a condition that it not be alienated for fifteen years. After the restriction period, an agreement to sell was executed on 5 July 1976, but the sale deed was executed and registered on 13 …

RAMAN LAL BHAI LALversusSTATE OF GUJARAT

2008 INSC 144Case Allowed

Five couples entered into an agreement to jointly purchase about 172 acres of agricultural land in Gujarat, solely to simplify negotiations and later divide the land among themselves, with no intention of joint cultivation. After purchase they partitioned the land and obtained separate mutation …

ANAND SHARADCHANDRA OKAversusUNIVERSITY OF MUMBAI & ORS.

2008 INSC 133Dismissed

The petitioner, a graduate of the University of Mumbai who also held an LL.M., filed a writ petition seeking inclusion of his name in the electoral roll for Senate elections, arguing that the term “Graduate of the University” under the Maharashtra Universities Act, 1994 should include persons who …

JAGTAMBA DEVIversusHEM RAM AND ORS.

2008 INSC 134Case Allowed

Jagatamba Devi, a Gram Panchayat Pradhan, filed a private complaint under IPC sections 332, 353 and 504/506 against Hem Ram and others for assaulting her while she was performing official duties. After the magistrate issued summons, an Executive Magistrate consigned the case file, deeming it …

STATE OF ORISSA AND ANRversusM/S. TATA IRON AND STEEL CO. LTD. AND ORS.

2008 INSC 136Disposed off

The Industrial Development Corporation of Orissa Ltd. (IDCOL) invited technical bids for a chromite deposit joint‑venture project. The technical bids of VISA and TISCO were rejected at the threshold, and Jindal was selected, prompting VISA and TISCO to file writ petitions. The Orissa High Court set …

NARAYAN GHOSH @ NANTU ETC.versusSTATE OF ORISSA

2008 INSC 137Dismissed

The Supreme Court considered the appeals of Narayan Ghosh and Sankar Adeya, accused of murder, criminal conspiracy and offences under the Arms Act in the killing of councilor Tapas Mitra at Puri. After being released on interim bail by the Calcutta High Court, they surrendered and applied for …

COMMISSIONER OF CUSTOMS, CALCUTTA & ANOTHERversusBIECCO LAWRIE LTD.

2008 INSC 127Dismissed

The respondent, Biecco Lawrie Ltd., imported 5,273.156 MT of Superior Kerosene Oil in May 1998, paid full duty and obtained clearance for home consumption under Section 46. Because the oil was highly combustible, it was stored in a private warehouse under Section 49 of the Customs Act. After the …

ASHFAQ KHAN AND ANR.versusSTATE OF U.P. AND ORS.

2008 INSC 129Case Allowed

The appellants filed a writ petition under Article 226 of the Constitution seeking quashment of an FIR alleging offences under Sections 420 and 424 of the IPC and Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act. The Allahabad High Court dismissed the …

STATE OF RAJASTHANversusMADAN SINGH

2008 INSC 130Case Allowed

The State of Rajasthan appealed the reduction of the sentence awarded to Madan Singh for raping a 10‑year‑old girl. The trial court imposed the statutory minimum of ten years imprisonment under Section 376(2)(f) of the IPC, but the Rajasthan High Court reduced it to seven years, relying on the …

SANTOSH KUMAR SINGH AND ORS.versusTHE STATE OF BIHAR AND ORS.

2008 INSC 131Dismissed

The appeal arose from land‑ceiling proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, where the original draft statement was prepared, objections were considered, but final publication was not made. After the 1982 amendment, the matter was …

T.O. ANTONYversusKARVARNAN & ORS.

2008 INSC 132Case Partly allowed

The appellant, a KSRTC bus driver, was injured in a head‑on collision with a private bus and claimed compensation. The Motor Accident Claims Tribunal held that both drivers were jointly negligent and apportioned liability 50:50, reducing the award accordingly. The High Court affirmed the negligence …

HIMMAT SINGH AND ORS.versusL.C.I. INDIA LTD. AND ORS.

2008 INSC 125Dismissed

The Indian Explosive Limited, a urea manufacturer, employed several licensed contractors who in turn engaged workers. The Fertilizer Workers Union sought regularisation of these workers under Rule 25(v)(a) of the Uttar Pradesh Contract Labour Rules, arguing they performed work similar to the …

DOLHIN PADHARO DEVIversusINDRAJEET TIWARY & ANR

2008 INSC 126Dismissed

The appellant, a purchaser, challenged orders of the ceiling authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, first through writ petitions raising the jurisdiction of those authorities, which were dismissed by the High Court. He then …

JOHAR AND OTHERSversusMANGAL PRASAD & ANR.

2008 INSC 118Case Allowed

The appellants were convicted only under IPC s.323 r/w s.34 for causing simple injuries, while the State did not appeal. The complainant filed a criminal revision before the High Court, which re‑examined the entire evidence, criticised the autopsy surgeon, held that the case was actually IPC s.302 …

PUNJAB NATIONAL BANKversusM.L., KALRA AND ANOTHER

2008 INSC 119Case Allowed

M.L. Kalra, an officer of the New Bank of India (later merged with Punjab National Bank), was superannuated on 30 November 1994 while disciplinary proceedings were pending. The bank continued the proceedings and dismissed him on 22 March 1996. Kalra received provisional pension from the date of …

RAJENDRAN AND OTHERSversusSHANKAR SUNDARAM AND OTHERS

2008 INSC 120Dismissed

The plaintiff obtained a loan of Rs 70.30 lakh, secured by a cheque drawn in the name of a partnership firm, and filed a suit for recovery along with an application for attachment before judgment under Order XXXVIII Rule 5 CPC. The High Court rejected the attachment, holding that the loan was not …

RAN SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

2008 INSC 121Case Partly allowed

A complaint under IPC sections 498A, 406, 323, 506, 148 and 149 alleged dowry harassment by the husband, his parents, brother and sister‑in‑law. The Additional Sessions Judge held that only the husband could be prosecuted, finding no material against the other accused. The Punjab and Haryana High …

VENU @ VENUGOPAL AND ORSversusSTATE OF KARNATAKA

2008 INSC 122Dismissed

The appellants Venu @ Venugopal and others were convicted for robbery on a highway between sunset and sunrise, having threatened victims with a knife and seized jewellery and a scooter. The trial court convicted them under Section 395 IPC, but the Karnataka High Court altered the conviction to …

KRISHI UTPADAN MANDI SAMITI, ACHANERA AND ANR.versusVINOD KUMAR

2008 INSC 123Disposed off

Vinod Kumar, a workman, challenged the termination of his services and the award of the Labour Court before the Allahabad High Court via a writ petition under Article 226 of the Constitution. The High Court listed the matter on 27‑08‑2003, reserved judgment on that day, and purportedly delivered its …

M/S. SEA LARK FISHERIESversusUNITED INDIA INSURANCE CO. AND ANR.

2008 INSC 124Dismissed

Sea Lark Fisheries, the owner of the vessel 'Sea Lark', obtained a marine insurance policy from United India Insurance through its bank. The vessel sank and the insurer repudiated the claim, alleging non‑seaworthiness and material non‑disclosure of facts such as the qualifications of the master and …

GOBARBHAI NARANBHAI SINGALAversusSTATE OF GUJARAT & ORS.

2008 INSC 112Appeal(s) allowed

The Supreme Court examined two murder cases in which the accused, Jayrajsinh Temubha Jadeja, had been granted regular bail by the Gujarat High Court on the grounds of prolonged judicial custody, non‑commencement of trial and prior compliance with temporary bail conditions. The State of Gujarat …

SUDESH KUMARversusSTATE OF UTTARAKHAND

2008 INSC 113Dismissed

Sudesh Kumar was convicted under IPC s.392 r/w s.34 and the Arms Act for a robbery committed on 7 March 1981 and sentenced to five years' rigorous imprisonment. He appealed, claiming benefit under Section 6 of the Probation of Offenders Act, 1958, asserting that he was under 21 years of age at the …

HARI PRASAD BHUYANversusDURGA PRASAD BHUYAN AND ORS.

2008 INSC 114Case Allowed

The appellant sought to set aside an abatement and substitute the legal heirs of two deceased respondents in a decree, filing the application under Section 152 CPC after learning of the deaths on 26 June 2003. The High Court rejected the application, declaring the decree a nullity on the ground of …

M/S. K.C.C. SOFTWARE LTD. AND ORS.versusDIRECTOR OF INCOME TAX (INV.) AND ORS.

2008 INSC 115Dismissed

The Income Tax authorities conducted a search and seizure at the premises of M/s K.C.C. Software Ltd., seizing jewellery, cash and fixed‑deposit receipts and restraining five bank accounts under sections 132(3) and 132(8) of the Income‑Tax Act, 1961. The appellants filed writ petitions seeking …

M/S MARUTI CLEAN COAL & POWER LTD.versusB.L. WADHERA & ORS.

2008 INSC 116Disposed off

The Supreme Court was approached by M/s Maruti Clean Coal & Power Ltd. seeking transfer of several writ petitions, writ appeals and civil suits pending before the Chhattisgarh High Court and lower courts, and by the respondents challenging the transfer. The petitioners argued that the multitude of …

SOM MITTALversusGOVT. OF KARNATAKA

2008 INSC 117Dismissed

The appellant, a Managing Director of a company, was charged under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act, 1961 after a woman employee was raped and killed while travelling to work. He filed a petition under Section 482 of the CrPC seeking quash of the …

KASHI RAM & OTHERSversusSTATE OF RAJASTHAN

2008 INSC 108Dismissed

The dispute involved a 21‑bigha agricultural plot where the accused, claiming possession, went armed to retake the land from the complainant party who were unarmed and cultivating it. The accused attacked the complainants, causing serious injuries and the death of Balu Singh. They were convicted by …

NATIONAL TEXTILE CORPN. (DR & P) LTDversusBANK OF RAJASTHAN & ORS.

2008 INSC 109Disposed off

The case concerned the interpretation of the Sick Textile Undertakings (Nationalisation) Act, 1974, specifically whether interest accruing after the appointed date of 1 April 1974 on bank loans to a sick textile undertaking must be paid in priority over other liabilities. The appellant argued that …

BIJOY DASversusSTATE OF WEST BENGAL

2008 INSC 110Dismissed

The appellant Bijoy Das was convicted under Section 302 IPC for shooting and causing the death of his step‑nephew Ajay Das, who died ten days after being wounded. While in hospital, the deceased gave a dying declaration to the attending doctor and to three witnesses, identifying the appellant as his …

GHASITA SAHUversusSTATE OF MADHYA PRADESH

2008 INSC 111Dismissed

Ghasita Sahu was convicted under the NDPS Act for possession of 17.75 kg of ganja after his house was searched by the investigating officer, who offered him the option of a search in the presence of a gazetted officer, which he declined. The appellant challenged the legality of the search, arguing …

UNION OF INDIAversusANIL CHANANA & ANOTHER

2008 INSC 99Appeal(s) allowed

The respondents, Anil Chanana and another, were intercepted at Delhi airport with two pairs of diamond earrings and $1,900, leading to their arrest for false declaration and evasion of customs duty under the Customs Act, 1962. They applied for compounding of the offences under Sections 132 and …

SACHIN JANA AND ANR.versusSTATE OF WEST BENGAL

2008 INSC 100Disposed off

The appellants were part of a group that assaulted three persons, pouring acid on their faces and bodies, causing severe burns. They were convicted by the trial court under Section 307 IPC and sentenced to ten years' imprisonment. The High Court altered the conviction to Section 307 read with …