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Judgments of 2008

1505 judgments · newest first · showing 1401–1505

THE APSRTC, REP. BY ITS GENERAL MANAGER AND ANR.versusM. RAMADEVI AND ORS.

2008 INSC 101Case Partly allowed

The appellant APSRTC filed an appeal against a Motor Accidents Claims Tribunal award of compensation for the death of its employee in a road accident. The Tribunal had based the award on a monthly salary of Rs.2,367 and a multiplier of 12, granting Rs.2,46,000 plus Rs.20,000 for non‑pecuniary …

B.P. AGARWAL AND ANR.versus~ DHANALAKSHMI BANK LTD: AND ORS.

2008 INSC 102Case Allowed

The appellants filed an appeal against a money decree. The Kerala High Court, invoking Order XLI Rule 1(3) of the CPC, directed the appellants to deposit Rs.5,00,000 in the trial court even though no application for a stay of execution had been filed. The appellants contended that such a direction …

SHANTI DEVIversusSTATE OF SIKKIM AND ANR.

2008 INSC 103Case Allowed

Shanti Devi, a widow, continued to run a grocery‑stationery shop in rented premises after her husband's death. The trade licence was in her husband's name and the authorities refused to issue a fresh licence to her without a No‑Objection Certificate (NOC) from the landlord, invoking Rule 12(m) of …

ASSISTANT DIRECTOR OF MINES & GEOLOGYversusM/S DECCAN CEMENTS LTD. & ANR.

2008 INSC 104Matter referred to larger bench

The Assistant Director of Mines & Geology appealed against the High Court's order upholding the levy of cess and other taxes under the Cess and Other Taxes on Minerals (Validation) Act, 1992, but holding that amounts not yet collected could not be collected. The Supreme Court earlier, in District …

S.K. SINHA, CHIEF ENFORCEMENT OFFICERversusMIS. VIDEOCON INTERNATIONAL LTD. & ORS.

2008 INSC 105Case Allowed

The Chief Enforcement Officer filed a criminal complaint under the Foreign Exchange Regulation Act (FERA) against Videocon International Ltd. on May 24, 2002. The Chief Metropolitan Magistrate took cognizance of the offence on the same day and later issued summons on February 3, 2003. The accused …

SUNITA JAINversusPAWAN KUMAR JAIN & ORS.

2008 INSC 106Disposed off

Sunita Jain alleged that her husband Pawan Kumar Jain and his parents harassed her for dowry, physically and mentally torturing her, leading her to lodge an FIR. The trial court framed charges under IPC sections 498A, 506, 406, 34 and Dowry Prohibition Act sections 3 and 4. The High Court, invoking …

MANGAT RAMversusSTATE OF HARYANA

2008 INSC 107Appeal(s) allowed

Mangat Ram appealed to the High Court against his detention, seeking bail. The High Court dismissed the appeal with the terse order "Dismissed, reasons to follow" without providing any reasoning. The appellant challenged this order before the Supreme Court, arguing that a court must record reasons …

CHIEF ENGINEER, HYDEL PROJECT & ORS.versusRAVINDER NATH & ORS.

2008 INSC 92Case Allowed

The respondents, who were work‑charge employees on the Anandpur Sahib Hydel Project, were terminated after the project’s completion under Rule 20(1) and Rule 3‑A of the Certified Standing Orders. They filed a civil suit seeking a declaration that the termination was illegal, reinstatement and …

VINODversusSTATE OF HARYANA

2008 INSC 93Dismissed

The appellant Vinod and others were convicted for kidnapping a nine‑year‑old boy, Amit Kumar, and demanding a ransom of Rs 10 lakh. The boy was released after the ransom was paid, and the police recovered the money and arrested the accused. The trial court and the Punjab and Haryana High Court …

BASAYYA I. MATHADversusRUDRAYYA S. MATHAD AND ORS.

2008 INSC 94Case Allowed

The appellant, a tenant under the Karnataka Land Reforms Act, obtained occupancy rights to certain lands, while his brothers claimed a share and filed a suit for partition. The trial court and first appellate court dismissed the suit. The High Court, in a second appeal (RSA No. 105 of 1997), …

BALASAHEB DAYANDEO NAIK (DEAD) THROUGH LRS & ORS.versusAPPASAHEB DATTATRAYA PAWAR

2008 INSC 95Case Allowed

The plaintiffs entered into a written agreement to purchase agricultural land, agreeing that the sale deed would be executed within six months and that earnest money would be forfeited if the deadline was missed. The defendant failed to execute the sale deed and the plaintiffs sued for specific …

ORIENTAL INSURANCE CO. LIMITEDversusPRITHVI RAJ

2008 INSC 96Case Allowed

Prithvi Raj owned a Mini Bus insured by Oriental Insurance. After an accident, he claimed compensation for damage to his own vehicle, but the insurer denied the claim, alleging that the driver did not possess a valid driving licence. The State Consumer Disputes Redressal Commission found that no …

SMT. K. SHARADA BAI AND ANR.versusSMT. SHAMSHUNNISA AND ORS.

2008 INSC 97Dismissed

The dispute concerned 12.5 guntas of land in Survey No. 30, Taranagar Village, claimed by the respondent as the original owner who had purchased it from earlier owners. The appellants, who occupied the land, were alleged to have grabbed it. The Special Court constituted under the Andhra Pradesh Land …

K.T. VARGHESE & ORS.versusSTATE OF KERALA & ORS.

2008 INSC 91Case Allowed

The appellants, dealers in limeshell, held a dealer's licence under the Kerala Minor Mineral Concession Rules, 1967, issued pursuant to Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. Their licence renewal was conditioned on two restrictions: (i) the minerals stocked …

SURESH NANDAversusC.B.I

2008 INSC 98Disposed off

Suresh Nanda, an NRI, had his passport seized by the CBI during a search on 10 October 2006. The Special Judge ordered its release with conditions, but the High Court reversed that order, refusing release. The Supreme Court examined whether the CBI could retain or impound the passport without an …

STATE OF A.P.versusSINGIREDDY RAMULU AND ANR.

2008 INSC 88Case Allowed

The State of Andhra Pradesh sought to enforce surrender of excess agricultural land by a declarant under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The declarant surrendered 11.07 guntas, but a third‑party claimant asserted that the land had been sold to him in …

VISHNU DEV SHARMAversusSTATE OF U.P. AND ORS.

2008 INSC 89Case Allowed

Vishnu Dev Sharma challenged the seniority list of government employees, alleging that he was placed below juniors. The Allahabad High Court dismissed his writ petition summarily, stating only that the seniority was given from the date of confirmation and that no illegality was seen, without …

BRIHANUMUMBAI MAHANAGAR PALIKA & ANR.versusAKUTI NIRMAN PVT. LTD. & ANR.

2008 INSC 90Case Allowed

The Brihanmumbai Municipal Corporation refused to entertain a complaint and confirm the rateable value of Akuti Nirman Pvt Ltd. The respondents appealed the decision under Section 217 of the Mumbai Municipal Corporation Act, 1888. The Bombay High Court allowed the appeal but issued a judgment that …

M/S. ANIS AHMAD AND SONSversusCOMMISSIONER OF INCOME TAX (APPEALS), KANPUR & ANR

2008 INSC 78Case Allowed

M/s. Anis Ahmad & Sons, a commission agent for raw hides and skins, filed its 1984‑85 return as a commission agent but the Assessing Officer treated it as a trader and levied a higher tax. After a remand, the Assessing Officer summoned ten traders under s.131(1); five appeared and supported the …

VIDYADHARI AND ORSversusSUKHRANA BAI AND ORS.

2008 INSC 79Case Allowed

The case concerned two applications for a succession certificate under s.372 of the Indian Succession Act, 1925, filed by Vidyadhari (the second wife and nominee) and Sukhrana Bai (the first wife) for the movable assets of the deceased Sheetaldeen, a coal‑field employee. The trial court granted the …

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.versusSURJI DEVI

2008 INSC 80Appeal(s) allowed

The widow of Late Shri Krishan, who had been employed on a work‑charge basis by Uttar Haryana Bijli Vitran Nigam Ltd., applied for a family pension under the Family Pension Scheme contained in Appendix 1 of the Punjab Civil Services Rules. The High Court allowed the claim, relying on a prior …

RAKESH KUMAR JOSHIversusNARENDRA KUMAR & ORS.

2008 INSC 81Case Allowed

The mother of the respondents, as landlord, filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a shop on the ground of bona‑fide requirement for her grandson's business. The trial court dismissed the …

NATIONAL INSURANCE COMPANY LTD.versusANNAPPA IRAPPA NESARIA AND ORS.

2008 INSC 82Dismissed

In 1999 a Matador Van, insured by National Insurance Company Ltd., met with an accident that caused the death of the wife of the plaintiff. The insurer contended that the driver, who held a licence for a "light motor vehicle" (LMV), was not authorized to drive the van, which was a goods‑carriage …

NEHRU YUVA KENDRA SANGATHANversusMEHBUB ALAM LASKAR

2008 INSC 83Disposed off

The Nehru Yuva Kendra Sangathan terminated the services of Mehboob Alam Laskar, a probationary youth coordinator, alleging financial irregularities and citing a preliminary enquiry conducted without his knowledge. Laskar filed representations and multiple writ petitions seeking reinstatement, …

GANPATI MADHAV SAWANT (D) BY LRS.versusDATTUR MADHAV SAWANT

2008 INSC 84Case Partly allowed

The appellants, heirs of the original defendants, filed a second appeal under Section 100 of the Code of Civil Procedure challenging a decree that granted mesne profit without a specific prayer for an inquiry under Order XX Rule 12. The Bombay High Court dismissed the appeal, holding that no …

OM PRAKASHversusSTATE OF U.P.

2008 INSC 85Dismissed

The appellant, a contractor, was caught unloading cast iron Grade‑I, defined as railway property, from a truck at a scrap yard. He claimed he was merely a laborer and not the owner, and sought reduction of his one‑year imprisonment, the minimum punishment prescribed under Section 3 of the Railway …

SHAIKH RAFIQ & ANR.versusSTATE OF MAHARASHTRA

2008 INSC 87Case Allowed

The appellants Shaikh Rafiq and Fatimbee were convicted for the murder of Noor Miya Mohd. Hussain, allegedly after they, together with the deceased's daughter‑in‑law Jaibunisa, came to his house and, following a dispute, poured kerosene on him and set him alight. The conviction rested solely on a …

VIKAS & ORS.versusSTATE OF MAHARASHTRA

2008 INSC 72Dismissed

The appellant Vikas and others were convicted for murder and conspiracy under Sections 302, 342 and 34 of the IPC based primarily on two dying declarations of the victim, Rekha, recorded by a Special Judicial Magistrate and a Police Sub‑Inspector. The victim's father and a Panch witness, who turned …

RAMESH SINGH & ANR.versusSATBIR SINGH & ANR.

2008 INSC 73Dismissed

The father and mother of Banu Pratap Singh, who died at age 22 in a motor accident, appealed against the compensation awarded under the Motor Vehicles Act, 1988. The trial court and the High Court had applied a multiplier of eight, based on the father's age of 55, to calculate loss of dependency. …

SHAIKH MAJID AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 74Case Partly allowed

During the Deshara festival, a group of Hindu villagers performing pooja at a temple were attacked by a large crowd from a nearby mosque who pelted stones and urged them to leave for prayer. The accused, numbering 32, along with others, assaulted the villagers with sticks, stones and knives, causing …

M/S UNITED INDIA INSURANCE CO. LTD.versusRAM PRAKASH RATURI

2008 INSC 75Case Allowed

The appellant, United India Insurance Co., rejected a claim for damages to a vehicle on the ground that the insurance policy was issued in the name of Roopa Sharma and that the vehicle had not been transferred to the claimant, Ram Prakash Raturi, at the time of insurance. The District Consumer Forum …

RAMAKRISHNA RAO (DEAD) BY LR.versusRAI MURARI

2008 INSC 76Case Allowed

The appellant filed a suit for a permanent injunction to prevent the respondent from interfering with the appellant's peaceful possession of the suit land. The trial court dismissed the suit, the first appellate court allowed it, and the Karnataka High Court dismissed the second appeal, directing …

KARNATAKA BANK LTD.versusSTATE OF A.P. & ORS.

2008 INSC 77Dismissed

The appellants, including Karnataka Bank Ltd., Shaw Wallace & Co., and a partnership firm, challenged notices requiring each of their branches in Andhra Pradesh to pay profession tax of Rs.2500 per annum, arguing that the explanation to the definition of "person" in the Andhra Pradesh Tax on …

J.C. BUDHRAJAversusCHAIRMAN, ORISSA MINING CORPN. LTD. & ANR.

2008 INSC 64Case Partly allowed

The contractor (N.C. Budhraja) completed excavation work for Orissa Mining Corp. Ltd. (OMC) and later claimed extra payment for work beyond the contract. OMC acknowledged pending claims in a letter dated 28‑Oct‑1978 and paid Rs.3,50,000 on 4‑Mar‑1980, after which the contractor invoked arbitration …

PRATAP LAKSHMAN MUCHANDI AND ORS.versusSHAMLAL UDDAVADAS WADHWA AND ORS.

2008 INSC 67Disposed off

The Supreme Court heard two civil appeals arising from a suit for specific performance of an agreement to sell land dated 24 April 1982 for Rs.1,20,000, of which Rs.10,000 had been paid as advance. The Court held that the agreement was genuine and binding, but given the 25-year lapse and the …

DINKAR MARUTI JADHAVversusNIVRUTII GANGARAM PAWAR (DEAD)

2008 INSC 65Case Partly allowed

The appellant, Dinkar Maruti Jadhav, sought termination of a tenancy under the Bombay Tenancy and Agricultural Lands Act, 1948, relying on a certificate issued to the deceased landlord under s.88‑C and proceedings initiated under s.33‑B for bonafide requirement and personal cultivation. The landlord …

WORKMEN OF BALMADIES ESTATESversusMANAGEMENT BALMADIES ESTATE AND ORS.

2008 INSC 68Dismissed

Two workmen, Stephen and Nallusami, were charged with theft of a pesticide and dismissed after a domestic enquiry that relied on the testimony of two witnesses who claimed the accused had confessed in their presence. The Labour Court held that the enquiry officer had not properly appreciated the …

PREMKUMARI AND ORS.versusPRAHLAD DEV AND ORS.

2008 INSC 69Disposed off

The deceased, a carpenter, was killed when a truck owned by respondent No.1 and driven by respondent No.2 collided with his bicycle. The widow and minor children of the deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation …

U.P. STATE SUGAR CORPORATION LTD. AND ORS.versusKAMAL SWAROOP TONDON

2008 INSC 70Case Allowed

The appellant corporation alleged that its resident engineer, Kamal Swaroop Tondon, caused a loss of Rs.1 lakh due to negligence and initiated disciplinary proceedings by issuing a show‑cause notice on 13 January 2000, followed by a regular notice on 31 January 2000, the day of his retirement. While …

MIS. BLHAR CAUSTIC & CHEMICALS LTD.versusKRIPA PANDEY

2008 INSC 71Case Partly allowed

Kripa Pandey worked as a driver in the Bihar Caustic & Chemicals Ltd. factory during its construction, being engaged by a contractor under the Contract Labour (Regulation and Abolition) Act, 1970. He was terminated in September 1984 and claimed that the termination was illegal, seeking reinstatement …

STATE OF PUNJAB & ANR.versusJALOUR SINGH & ORS.

2008 INSC 66Case Allowed

The heirs of a deceased woman filed a claim for motor accident compensation, which was awarded Rs.1,44,000 by the Motor Accident Claims Tribunal. Dissatisfied, they appealed to the Punjab & Haryana High Court, which referred the matter to a Lok Adalat. The Lok Adalat, without the parties' consent or …

USHA DEVIversusRIJWAN AHAMD & ORS.

2008 INSC 60Case Allowed

Usha Devi filed a suit for a permanent injunction over a parcel of land described in the plaint. The defendants objected to the description, and during a related miscellaneous proceeding the plaintiff’s husband affirmed the description. Two years later the plaintiff sought to amend the plaint to …

H.U.D.AversusPREM KUMAR AGARWAL & ANR.

2008 INSC 61Case Partly allowed

The Haryana Urban Development Authority (HUDA) appealed against the National Consumer Disputes Redressal Commission's (NCDRC) award of interest at 18% per annum on compensation for an alternative plot allotted after the original plot could not be delivered. The issue was whether a uniform 18% rate …

REGIONAL MANAGER UTTARANCHAL RD. TPT. CORPN.versusTHAN SINGH & ANR.

2008 INSC 62Case Allowed

The case involved a bus conductor employed by the Regional Manager Uttarakhand Road Transport Corporation who collected fares from twenty passengers but failed to issue tickets or record their details in the way‑bill. During a checking operation the transport inspector directed the conductor to …

STATE OF MAHARASHTRA & ORS.versusUTTAM VISHNU PAWAR

2008 INSC 63Dismissed

Uttam Vishnu Pawar, a telephone operator in the Maharashtra Irrigation Department, transferred from the Mumbai Zone to the Kolhapur Zone and lost his seniority in the new zone. He filed an application before the Maharashtra Administrative Tribunal seeking that his service in the Mumbai Zone be …

SAMIRA KOHLIversusDR. PRABHA MANCHANDA & ANR.

2008 INSC 56Case Allowed

The appellant, a 44‑year‑old unmarried woman, was admitted for a diagnostic laparoscopy but, while under general anaesthesia, the respondent doctors performed an abdominal hysterectomy and bilateral salpingo‑oophorectomy without her informed consent. The National Consumer Disputes Redressal …

KUNJU @ BALACHANDRANversusSTATE OF TAMIL NADU

2008 INSC 58Dismissed

The appellant Kunju @ Balachandran was convicted of murder (IPC s.302) and assault (IPC s.341) based primarily on the testimony of a single eyewitness, PW‑2, who saw the accused attack the deceased. The trial court, and subsequently the Madras High Court, upheld the conviction despite the fact that …

STATE OF U.P. & ORS.versusROSHAN SINGH (DEAD) BY LRS. & ORS.

2008 INSC 59Appeal(s) allowed

The respondent's land was declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1954, but he failed to file an appeal under Section 12 of that Act. After about two years he filed an application under Section 151 of the Code of Civil Procedure, claiming that consolidation …

SUPERSTAR EDUCATION SOCIETYversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 57Disposed off

The Supreme Court examined a challenge to the Maharashtra Government's order dated 16 May 2006 that granted permission to 1,495 new higher secondary schools on a permanent no‑grant basis, subject to conditions under the Education Code and the Maharashtra Employees of Private Schools (Conditions of …

GAUDIYA MISSIONversusSHOBHA BOSE & ANR.

2008 INSC 51Case Allowed

The Gaudiya Mission claimed that a will and codicil executed by its disciple, Kum. Uma Bose, in 1994 and 1996 respectively, vested her property in the Mission. After Uma's death, her sister Kum. Shobha Bose obtained a Letter of Administration and later filed a testamentary suit, which a Single Judge …

HINDUSTAN PETROLEUM CORPN. LTD.versusASHOK RANGHBA AMBRE

2008 INSC 52Case Allowed

Hindustan Petroleum Corporation Ltd. (the appellant) had engaged Ashok Ranghba Ambre on a casual basis as a compounder/dresser from 1984. Ambre filed a writ petition in 1992 seeking to be declared a permanent employee with retrospective benefits. The corporation stopped employing him in 1996, …

POGULA KOMURAIAHversusTHE STATE OF A.P. REP. BY THE PUBLIC PROSECUTOR [PASAYAT, J.]

2008 INSC 53Case Partly allowed

The Supreme Court examined the conviction of appellant Pogula Komuriah, who was originally found guilty of murder under Section 302 read with Section 149 of the IPC. The Court considered the evidence, including the nature of the weapon (iron rod) and the delay in filing the complaint, and found that …

VIJAY SHANKAR SHINDE & ORSversusSTATE OF MAHARASHTRA

2008 INSC 54Dismissed

The appellants were convicted for murder, attempt to murder and criminal intimidation arising from a family feud that culminated in the fatal assault of Tanaji and grievous hurt to Dattatraya. The prosecution relied on the testimony of three eye‑witnesses (PW‑11, PW‑12 and PW‑13) and a complainant …

TULSA AND ORS.versusDURGHATIYA AND ORS.

2008 INSC 55Case Allowed

The dispute concerned a joint ancestral property sold to L, who claimed to be the widow of R, while the respondents alleged she was merely a mistress. The trial court held that a presumption of a valid marriage existed because L and R had cohabited for decades and their children were married off by …

MARIMUTHU & ORS.versusSTATE OF TAMIL NADU

2008 INSC 39Case 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 …

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

2008 INSC 41Case 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 …

K.T. PALANISAMYversusSTATE OF TAMIL NADU

2008 INSC 42Case 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 …

BRAJENDRA SINGHversusSTATE OF M.P. AND ANR.

2008 INSC 43Dismissed

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 …

KRISHNA JANARDHAN BHATversusDATTATRAYA G. HEGDE

2008 INSC 44Case 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 …

OSWAL WOOLEN MILLS LTDversusPUNJAB STATE ELECTRICITY BOARD & ANR.

2008 INSC 46Disposed 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 …

LABH SINGH & ORS.versusBACHAN SINGH

2008 INSC 47Case 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 …

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

2008 INSC 48Case 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 …

BENJAMINversusSTATE REP. BY INSPECTOR OF POLICE

2008 INSC 49Dismissed

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 …

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

2008 INSC 50Dismissed

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 …

BIJA & ORSversusSTATE OF HARYANA

2008 INSC 34Case 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 …

PURAN SINGHversusSTATE OF UTTARANCHAL

2008 INSC 35Case 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 …

VENTURE GLOBAL ENGINEERINGversusSATYAM COMPUTER SERVICES LTD. AND ANR.

2008 INSC 36Case 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 …

SHIV NATH PRASADversusSARAN PAL JEET SINGH TULSI & ORS.

2008 INSC 37Dismissed

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 …

TOWN PLANNING MUNICIPAL COUNCILversusRAJAPPA & ANR.

2008 INSC 38Case 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 …

KANHAIYALALversusUNION OF INDIA AND ORS.

2008 INSC 25Dismissed

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 …

S.K DUAversusSTATE OF HARYANA & ANR

2008 INSC 27Case 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, …

MAZHAR HASSANversusGANGU SINGH AND ORS.

2008 INSC 28Case 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 …

STATE OF M.P. AND ORS.versusMADHUKAR RAO

2008 INSC 29Dismissed

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 …

K.S. KRISHNA SARMAversusKIFAYAT ALI

2008 INSC 30Disposed 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, …

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

2008 INSC 31Case 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 …

SURINDER SHUKLAversusUNION OF INDIA

2008 INSC 32Dismissed

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 …

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

2008 INSC 33Case 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 …

BHADRAPPA (D) BY LRS.versusTOLACHA NAIK

2008 INSC 16Dismissed

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 …

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

2008 INSC 17Case 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 …

ORIENTAL BANK OF COMMERCEversusSUNDER LAL JAIN & ANR.

2008 INSC 18Case 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 …

MANIversusSTATE OF TAMIL NADU

2008 INSC 19Case 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 …

SAT NARAINversusSTATE OF HARYANA TH. MINISTRY OF HOME

2008 INSC 20Dismissed

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 …

SUNIL PODDAR AND ORS.versusUNION BANK OF INDIA

2008 INSC 21Dismissed

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 …

STATE OF HARYANA & ORS.versusDINESH KUMAR

2008 INSC 22Disposed 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 …

ASHOK KUMAR SHRIVASTAVA.AND ORS.versusRAM LAL AND OTHERS

2008 INSC 23Disposed 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 …

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

2008 INSC 24Case 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 …

RAMESH KRISHNA MADHUSUDAN NAYARversusTHE STATE OF MAHARASHTRA

2008 INSC 13Case Partly allowed

The appellant, Ramesh Krishna Madhusudan Nayar, was convicted of murder under Section 302 IPC based solely on the testimony of a single eye‑witness, PW‑5, who claimed to have seen Nayar strike the deceased with a wooden log during a quarrel. The appellant challenged the conviction, arguing that a …

COMMISSIONER OF INCOME TAX CENTRAL IIversusSURESH N. GUPTA

2008 INSC 14Case Allowed

A search under Section 132 of the Income Tax Act was conducted on 17 January 2001 at the premises of Suresh N. Gupta, uncovering undisclosed income of Rs.1,62,427. The Assessing Officer levied tax at the 60% rate prescribed by Section 113 and imposed a 17% surcharge relying on the Finance Act, 2001. …

CHANDRAMOHAN PANDURANG KAJBAJEversusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 15Case Allowed

The case concerned employees in Greater Bombay who were appointed to ministerial posts without selection by the Maharashtra Public Service Commission (PSC). The State Government had issued a Resolution on 1 March 1974 allowing such non‑PSC employees to continue in service, but treating PSC‑selected …

UNION OF LNDIA & ORS.versusDINESHAN K.K.

2008 INSC 3Dismissed

The petitioners, Radio Mechanics of the Assam Rifles, claimed that they were denied parity in rank and pay with their counterparts in other central paramilitary forces, despite an admitted disparity and a Ministry of Home Affairs order to rationalise pay structures. The Union of India argued that …

NIRLEX SPARES PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE

2008 INSC 4Case Allowed

Nirlex Spares Pvt. Ltd., a small‑scale manufacturer of steel heads, printed a hexagonal artistic design on its corrugated boxes alongside its own brand names. The tax authorities held that the design was a monogram belonging to its marketing agent, L.M.S. Marketing Co., and therefore denied the …

GHULAM MOHAMMAD DARversusSTATE OF J & K & ORS.

2008 INSC 5Disposed off

An arbitrator awarded interest to the claimant, specifying 10% simple interest from the award date and 18% simple interest in case of default from 1‑Feb‑1994. The High Court made the award a rule of court and ordered that the award amount, together with interest at 18% per annum, be paid from the …

COMMISSIONER OF INCOME TAX, BANGALOREversusINFOSYS TECHNOLOGIES LTD.

2008 INSC 6Dismissed

The Supreme Court examined whether Infosys Technologies Ltd. was required to deduct tax under Section 192 of the Income Tax Act on the benefit employees derived from an Employees Stock Option Scheme (ESOP) for the assessment years 1997-98, 1998-99 and 1999-2000. The Court held that, at that time, …

RESERVE BANK OF INDIAversusM. HANUMAIAH & ORS.

2008 INSC 7Case Allowed

The Reserve Bank of India (RBI) inspected Kalidasa Cooperative Bank and, after finding serious irregularities, requisitioned the Registrar of Cooperative Societies under s.30(5) of the Karnataka Co‑operative Societies Act, 1959 to supersede the bank’s Board of Directors and appoint an administrator. …

BHAGWAN DASS & ANR.versusPUNJAB STATE ELECTRICITY BOARD

2008 INSC 8Case Allowed

Bhagwan Dass, a Class IV lineman of the Punjab State Electricity Board, became completely blind while in service. He wrote a letter explaining his absence and requesting retirement, also asking that his wife be employed in his place. The Board interpreted the letter as a voluntary retirement request …

ATUL SINGH & ORS.versusSUNIL KUMAR SINGH & ORS.

2008 INSC 9Case Allowed

The plaintiffs, heirs of a deceased partner, sued the defendants for a declaration that a partnership deed dated 17‑Feb‑1992, which omitted the deceased partner, was illegal and void, and for rendition of accounts and share of profits. The defendants sought to stay the suit and refer the dispute to …

M/S. MATHANIA FABRICSversusCOMMNR. OF CENTRAL EXCISE, JAIPUR

2008 INSC 10Disposed off

The Supreme Court heard two civil appeals concerning the claim of exemption from excise duty for cotton fabrics processed without the aid of power under various notifications. In both cases the appellants used electric power for ancillary operations such as mixing chemicals, lifting water and …

DHARAM PAL AND ORS.versusSTATE OF U.P.

2008 INSC 11Dismissed

The appellants were convicted of murder under Section 302 read with Section 34 of the IPC for assaulting the deceased with lathis, causing fatal head injuries. On appeal, the High Court, assisted by a Government Advocate, re‑examined the record ex parte and altered the conviction to culpable …

STATE OF U.P.versusPUNNI AND ORS.

2008 INSC 12Dismissed

The State of Uttar Pradesh alleged that a gang of six persons assembled in a grove to commit dacoity and were arrested after a police operation that recovered unlicensed firearms. The trial court convicted them under IPC sections 399 and 402 and Section 27 of the Arms Act, relying on the testimony …

KALIYAMMA & ORSversusDEPUTY COMMISSIONER CHITRADURGA, DISTT. & ORS.

2008 INSC 1Dismissed

Eight acres of land were granted in 1957 to two brothers under the Karnataka Land Revenue Code with a condition that it could not be alienated for ten years. The land was sold in 1965‑66 and again in 1981, before the ten‑year restriction expired. After the Karnataka Scheduled Castes and Scheduled …

STATE OF HIMACHAL PRADESHversusPARAS RAM AND ORS.

2008 INSC 2Case Partly allowed

The accused were tried for offences under several IPC sections, including arson and assault, and were acquitted by the trial court. The State of Himachal Pradesh sought leave to appeal the acquittal under Section 378 of the CrPC, but the High Court dismissed the application with a one‑word order, …