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381 judgments · newest first · showing 1–200

SANTOSH YADAVversusNARENDER SINGH

2001 INSC 533Dismissed

In the 2000 Haryana Assembly election for the Ateli constituency, the appellant Santosh Yadav (INLD) lost to Narender Singh (INC) by a margin of 334 votes. Yadav challenged the result, alleging that the election was materially affected by the improper acceptance of the nomination of independent …

THANEDAR SINGHversusSTATE OF MADHYA PRADESH

2001 INSC 534Appeal(s) allowed

The appellant, Thanedar Singh, was convicted for murder by the Madhya Pradesh High Court after the trial court had acquitted him. The Supreme Court examined whether the High Court erred in overturning the acquittal, focusing on the credibility of the eye‑witness (the victim's father), the …

COMMISSIONER OF INCOME TAX, MUMBAIversusANJUM M.H. GHASWALA AND ORS.

2001 INSC 519Disposed off

The Supreme Court examined whether the Income‑Tax Settlement Commission, created under Section 245B of the Income‑Tax Act, 1961, could waive or reduce the statutory interest payable under Sections 234A, 234B and 234C when passing settlement orders under Section 245D(4). The Court held that the term …

CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.

2001 INSC 520Disposed off

The Supreme Court examined the meaning of "the principal sum adjudged" and "such principal sum" in Section 34(1) of the Code of Civil Procedure, 1908, in the context of bank loans that allow interest to be capitalised on periodical rests. It held that, subject to the contract or established banking …

SIDDALINGAMMA AND ANR.versusMAMTHA SHENOY

2001 INSC 521Leave Granted & Allowed

The landlady (appellant No.1) sought eviction of her tenant under Section 21(1)(h) of the Karnataka Rent Control Act, 1961, initially on the ground that her husband required treatment in Bangalore. During the pendency of the suit the husband died, and the landlady amended the petition under Order 6 …

RAMESH KUMARversusSTATE OF CHHATTISGARH

2001 INSC 515Case Partly allowed

The appellant, Ramesh Kumar, was convicted under Sections 306 and 498-A of the IPC for the suicide of his wife Seema within a year of marriage. The trial court relied on testimonies, a suicide note, a diary, and an undated letter, interpreting the husband's statements as instigation and alleging …

KASHI RAM AND ORS.versusSTATE OF M.P.

2001 INSC 516Case Partly allowed

Eight accused were tried for murder, assault and illegal possession of arms after a violent clash in a Madhya Pradesh village. The trial court acquitted all, finding that the prosecution witnesses were unreliable and that the accused acted in private defence, especially since one accused (Prabhu) …

SUBHASH CHANDversusSTATE OF RAJASTHAN

2001 INSC 507Appeal(s) allowed

Subhash Chand was convicted by the trial court of murder and rape of a five‑year‑old girl and sentenced to death, a decision later modified to life imprisonment by the Rajasthan High Court. The prosecution's case rested entirely on circumstantial evidence: alleged "last seen together" testimony, the …

ANANGA UDAY SINGH DEOversusRANGA NATH MISHRA AND ORS.

2001 INSC 504Dismissed

Ananga Uday Singh Deo challenged the election of three Rajya Sabha candidates, alleging corrupt practices and an improper vote‑counting procedure. The Supreme Court held that a charge of corrupt practice must be pleaded with full particulars under Section 83 of the Representation of the People Act …

SUNDERversusUNION OF INDIA

2001 INSC 450Disposed off

The Supreme Court examined whether the solatium amount under Section 23(2) of the Land Acquisition Act, 1894 forms part of the compensation for which interest under Sections 28 and 34 must be paid. The Court noted that the Collector is statutorily obliged to pay the entire amount awarded under …

HARISHANKAR JAINversusSONIA GANDHI

2001 INSC 438Dismissed

The appellants Hari Shanker Jain and Hari Krishna Lal challenged the election of Sonia Gandhi to the Lok Sabha, alleging that she was not a citizen of India despite holding a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. They also questioned the constitutional …

SRI T. PHUNZATHANGversusSRI HANGKHANILIAN AND ORS.

2001 INSC 400Appeal(s) allowed

The appellant, Sri T. Phunzathang, filed an election petition challenging the election of Sri Hangkhanilian on the ground of alleged corrupt practice under Section 123 of the Representation of People Act, 1951. The respondent contended that the copies of affidavits served on him lacked the Oath …

A.I.I.M.S STUDENTS UNIONversusA.I.I.M.S. AND ORS.

2001 INSC 391Disposed off

The Supreme Court examined the AIIMS policy of reserving 33% of postgraduate seats for its own in‑house graduates and a further 50% discipline‑wise reservation, which resulted in lower‑merit candidates being allocated coveted "creamy" specialties over higher‑scoring open‑category candidates. The …

DADI JAGANNADHAMversusJAMMULU RAMULU AND ORS.

2001 INSC 388Dismissed

The judgment concerns a sale of immovable property executed against the judgment‑debtor, which was challenged under Order XXI Rule 89 of the CPC. The debtor filed the application and deposit on the 59th day after the sale, but the executing court rejected it, insisting that the deposit be made …

S.R. CHAUDHURIversusSTATE OF PUNJAB AND ORS.

2001 INSC 373Appeal(s) allowed

The appellant, S.R. Chaudhuri, filed a writ of quo warranto challenging the re‑appointment of Shri Tej Parkash Singh as a Minister in Punjab after he had resigned for failing to be elected within six months as required by Article 164(4) of the Constitution. The High Court dismissed the petition, but …

SAJAN ABRAHAMversusSTATE OF KERALA

2001 INSC 344Dismissed

The appellant was seized with 25 ampoules of injectable narcotic drug (Buprenorphine) and three syringes after police acted on information from a head constable. The trial court acquitted him, but the Kerala High Court convicted him under Section 21 of the NDPS Act. On appeal, the Supreme Court …

RONAL KIPRONO RAMKATversusSTATE OF HARYANA

2001 INSC 325Appeal(s) allowed

The appellant, Ramkat Ronald, was convicted under IPC sections 376 (rape) read with 511 (attempt to commit rape) and 302 (murder) based largely on a dying declaration allegedly made by the deceased, Betty, to her brother (PW‑5). The Supreme Court examined the reliability of that declaration, noting …

TARLOCHAN DEV SHARMAversusSTATE OF PUNJAB AND ORS.

2001 INSC 309Appeal(s) allowed

The appellant, Tarlochan Dev Sharma, was the elected President of Rajpura Municipality and was removed under Section 22 of the Punjab Municipal Act, 1911 on the ground of "abuse of his powers" for allegedly withholding payment for a fogging machine. He contended that the machine was defective, that …

SHIBU SORENversusDAYANAND SAHAY AND ORS.

2001 INSC 300Dismissed

Shibu Soren was elected to the Rajya Sabha while serving as Chairman of the Interim Jharkhand Area Autonomous Council (JAAC). A defeated candidate, Dayanand Sahay, challenged the election on the ground that Soren held an "office of profit" under the State Government, rendering him disqualified under …

STATE OF HIMACHAL PRADESHversusGIAN CHAND

2001 INSC 235Appeal(s) allowed

The State of Himachal Pradesh prosecuted Gian Chand for raping a 5‑year‑old girl, a distant relative, on 29 October 1991. The trial court convicted him under Section 376 IPC, sentencing him to ten years' imprisonment and a fine. The Himachal Pradesh High Court set aside the conviction, relying on …

M/S SIKKIM SUBBA ASSOCIATESversusSTATE OF SIKKIM

2001 INSC 236Disposed off

Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award …

GAJRAJ SINGH AND ORS.versusSTATE OF U.P. AND ORS.

2001 INSC 238Disposed off

The Supreme Court examined the validity of a draft scheme under the Motor Vehicles Acts (1939 and 1988) to nationalise 39 road‑transport routes in Uttar Pradesh, of which 38 routes were distinct from the Saharanpur‑Shahdra‑Delhi route previously dealt with in Ram Krishna Verma. The Court held that …

MADHUKAR AND ORS.versusSANGRAM AND ORS.

2001 INSC 220Disposed off

The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant …

UNION OF INDIA AND ORS.versusHARJEET SINGH SANDHU

2001 INSC 202Appeal(s) allowed

The Supreme Court examined two writ petitions challenging termination orders issued under Section 19 of the Army Act read with Rule 14 of the Army Rules. Both petitioners had earlier faced General Court‑Martial proceedings that were either annulled or became time‑barred under Section 122. The High …

SRI MOHAN WAHIversusCOMMISSIONER, INCOME TAX, VARANASI AND ORS

2001 INSC 187Appeal(s) allowed

The appellant, a partnership firm, owned a house property that was attached and proclaimed for sale under tax recovery proceedings. The property was auctioned in 1980 and a bid was accepted, but the tax demands against the firm were later reduced to nil after successful appeals before the Income Tax …

M.C.MEITTAversusUNION OF INDIA AND ORS.

2001 INSC 170Modified

The Supreme Court, hearing M.C. Mehta v. Union of India, examined the failure of the Delhi government and private bus operators to meet its earlier order (28 July 1998) that the entire city bus fleet be converted to CNG by 31 March 2001 and that no bus older than eight years operate on diesel after …

STATE OF RAJASTHAN AND ORSversusVATAN MEDICAL AND GENERAL STORE AND ORS. ETC. ETC.

2001 INSC 172Disposed off

The Rajasthan Government, by a 1990 notification, declared medicinal and toilet preparations containing more than 20% proof alcohol to be "liquor" under the Rajasthan Excise Act and its 1989 Rules. Several manufacturers of Ayurvedic medicines challenged the notification and the Rules as beyond the …

UGAR SUGAR WORKS LTD.versusDELHI ADMINIS1RATION AND ORS.

2001 INSC 163Case Allowed

Ugar Sugar Works Ltd., a manufacturer of Indian Made Foreign Liquor, challenged a Delhi Administration notification issued under the Punjab Excise Act, 1914 and Delhi Liquor Licence Rules, 1976 that imposed Minimum Sales Figures (MSF) as a condition for obtaining an L‑1 licence for the excise year …

PATANGRAO KADAMversusPRITHVIRAJ SAYAJIRAO YADAV DESHMUKH AND ORS.

2001 INSC 117Dismissed

Patangrao Kadam challenged the election of Prithviraj Yadav Deshmukh in a Maharashtra Assembly by‑election, alleging corrupt practices under Sections 100(1)(b), 100(1)(d)(ii), 100(1)(d)(iv) read with Section 123(4) of the Representation of People Act, 1951. The petition also named Sampatrao Chavan, …

H.F. SANGATIversusR.G. HIGH COURT OF KARNATAKA AND ORS.

2001 INSC 111Dismissed

Two probationary Munsifs, H.F. Sangati and Kittur Muthappa Hanumanthappa, were discharged from service under Rule 6(1) of the Karnataka Civil Services (Probation) Rules, 1977 on the ground of unsuitability. They challenged the discharge, arguing that the order was punitive, cast a stigma and …

SOLOMON ANTONY AND ORS.versusSTATE OF KERALA AND ORS.

2001 INSC 108Dismissed

The appellants, contractors licensed to vend arrack, challenged the Kerala government's demand for excise duty on a designated quantum of rectified spirit, arguing that the duty was unconstitutional, arbitrary and payable only on spirit actually imported. The State had amended Rule 8 of the Kerala …

SANTOSH HAZARLversusPURUSHOTTAM TIWARL (DEAD) BY LRS

2001 INSC 80Appeal(s) allowed

Santosh Hazari filed a suit for declaration of title, recovery of possession and a permanent injunction against Purushottam Tiwar, alleging dispossession of a portion of his land. The trial court decreed in favour of Hazari, rejecting the defendant's claim of adverse possession and the defence of …

IN THE MATTER OF: 'K', A JUDICIAL OFFICERversus-

2001 INSC 82Appeal(s) allowed

The appellant, a Metropolitan Magistrate, complained that a Delhi High Court judgment contained disparaging observations against her, which later entered her confidential annual records and threatened her career. She sought expungement of those remarks under Article 136 of the Constitution, arguing …

V.S. ACHUTHANANDANversusP. J. FRANCIS AND ANR.

2001 INSC 57Appeal(s) allowed

In the 1996 Kerala Legislative Assembly election for the Mararikulam constituency, P.J. Francis was declared elected, defeating V.S. Achuthanandan by 1,965 votes. Achuthanandan filed an election petition alleging corrupt practices, improper reception of void votes, and violations of the Constitution …

TEK CHANDversusDILE RAM

2001 INSC 44Appeal(s) allowed

The respondent challenged the election of the appellant, Tek Chand, alleging that the independent candidate Nikka Ram's nomination was improperly accepted because he was allegedly holding an office of profit and was a BJP/RSS activist whose votes allegedly cut into the respondent's tally, thereby …

K. DURAISAMY AND ANRversusSTATE OF TAMIL NADU AND ORS.

2001 INSC 41Dismissed

The Tamil Nadu Government issued a order reserving 50% of postgraduate medical seats for in‑service medical officers and the remaining 50% for non‑service (private) candidates, each category being filled on inter‑se merit within that group. In‑service candidates challenged the scheme, arguing that …

DR. VIJAY LAXMI SADHOversusJAGDISH

2001 INSC 9Dismissed

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected and the defeated respondent filed an election petition alleging corrupt practices. The petition and its supporting affidavit were drafted in Hindi, contrary to the High Court Rule requiring English, and the …

MAKHAN LAL BANGALversusMANAS BHUNIA AND ORS.

2001 INSC 1Appeal(s) allowed

The respondent, a defeated candidate, filed an election petition challenging the election of the appellant to the West Bengal Legislative Assembly on grounds of corrupt practices under Sections 123(2), (4) and (7) of the Representation of the People Act, 1951. The Calcutta High Court found several …

SATISH KUMAR SHARMAversusBAR COUNCIL OF HIMACHAL PRADESH

2001 INSC 2Dismissed

Satish Kumar Sharma, a full‑time salaried law officer of the Himachal Pradesh State Electricity Board, was enrolled as an advocate in 1984. After more than a decade, the Himachal Pradesh Bar Council cancelled his enrollment, invoking Rule 49 of the Bar Council of India Rules, which bars full‑time …

BISHWANATH PRASAD SINGH ETC.versusSTA TE OF BIHAR AND ORS

2000 INSC 601Dismissed

The petitioners, senior judicial officers in Bihar, challenged a High Court order that denied them the benefit of extending their superannuation age from 58 to 60 years, arguing that the Supreme Court’s directions in the All India Judges' Association cases automatically conferred such a right. The …

T. SUDHAKAR PRASAD ETC.versusGOVT. OF A.P. AND ORS.

2000 INSC 595Disposed off

A contempt application was filed under Section 17 of the Administrative Tribunals Act, 1985 before the Andhra Pradesh Administrative Tribunal against the Principal Secretary for wilful disobedience of the Tribunal's order. The State and the Principal Secretary challenged the Tribunal's jurisdiction …

D.P. CHADHAversusTRIYUGL NARAIN MISHRA AND ORS.

2000 INSC 569Case Partly allowed

The appellant, advocate D.P. Chadha, was engaged by his client, Triyugi Narain Mishra, to defend an ejectment suit. While the client was away, Chadha used a blank vakalatnama and blank paper signed by the client to fabricate a compromise petition and a receipt, causing a decree for eviction without …

R.D. UPADHYAYversusSTATE OF ANDHRA PRADESH AND ORS.

2000 INSC 550Directions issued

The Supreme Court heard a writ petition under Article 32 concerning Ajoy Ghosh, a prisoner‑lunatic detained since 1962 in West Bengal prisons. The Court found that the prison authorities and the Assistant Chief Metropolitan Magistrate had failed to provide medical care or maintain records from 1964 …

NARMADA BACHAO ANDOLAN ETC. ETC.versusUNION OF INDIA AND ORS.

2000 INSC 489Disposed off

The Supreme Court examined a public‑interest writ petition challenging the construction of the Sardar Sarovar Dam on the Narmada River. The petitioners argued that the environmental clearance granted in 1987 was invalid, that the height of the dam should be reduced, and that the relief and …

TARUN PRASAD CHATTERJEEversusDINANATH SHARMA

2000 INSC 475Dismissed

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected on 28 November 1998. The respondent filed an election petition under Section 81(1) of the Representation of the People Act, 1951 on 12 January 1999, seeking to challenge the result. The appellant contended …

VADIVELUversusSUNDARAM AND ORS.

2000 INSC 476Dismissed

The appellant contested the election for President of Vannavalkudi Village Panchayat, losing by a single vote. After his application for a recount was rejected by the Returning Officer, he filed an election petition alleging various irregularities in the counting process. The Election Tribunal, …

CHARAN SINGHversusHEALING TOUCH HOSPITAL AND ORS.

2000 INSC 453Appeal(s) allowed

Charan Singh underwent surgery at Healing Touch Hospital and alleged medical negligence that left him paralysed on the right side, resulted in the loss of a kidney, loss of employment and substantial expenses. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) …

RAVINDER SINGHversusJANMEJA SINGH AND ORS.

2000 INSC 452Dismissed

Ravinder Singh, who lost the 1997 Punjab Legislative Assembly election to Janmeja Singh, filed an election petition alleging two corrupt practices: bribery under Section 123(1)(A)(b) and false statements under Section 123(4) of the Representation of the People Act, 1951. The High Court dismissed the …

DR. VIKRANT PARIHARversusSTATE OF JAMMU AND KASHMIR AND ORS.

2000 INSC 435Disposed off

The State of Jammu & Kashmir failed to conduct the annual postgraduate medical entrance examination mandated by SRO No. 158 of 1995, instead relying on a five‑year‑old waiting list that disadvantaged MBBS graduates after 1996. Several writ petitions were filed, and the High Court issued interim …

ELECTION COMMISSION OF INDIA THROUGH SECRETARYversusASHOK KUMAR AND ORS.

2000 INSC 423Appeal(s) allowed

During the 1999 Lok Sabha elections in Kerala, the Election Commission issued a notification under Rule 59A of the Conduct of Election Rules, 1961 directing that ballot papers from all ballot boxes in a constituency be mixed before counting to prevent intimidation and victimisation. Two writ …

SHYAMDEO PRASAD SINGHversusNAWAL KISHORE YADAV

2000 INSC 415Dismissed

In April 1996 a biennial election was held for the Patna Teachers Constituency of the Bihar Legislative Council and Nawal Kishore Yadav was declared elected. The petitioner filed an election petition alleging that a large number of persons who were not qualified under the 1950 Act had been …

STATE OF HIMACHAL PRADESHversusMANGO RAM

2000 INSC 411Disposed off

The State of Himachal Pradesh appealed the acquittal of a 17‑year‑old accused who was found not guilty of raping his 13‑14‑year‑old niece. The trial court had held that the girl was over 16 and had consented, while the High Court affirmed this view. The Supreme Court examined medical reports, dental …

A.C. THALWALversusHIGH COURT OF HIMACHAL PRADESH AND ORS.

2000 INSC 401Dismissed

A.C. Thalwal, a former Air Force officer, joined the Himachal Pradesh Judicial Service under the ex‑servicemen quota and sought to have his 11 years of approved military service counted for seniority and pay fixation under the Ex‑Servicemen (Reservation of Vacancies in H.P. Judicial Service) Rules, …

STATE OF ANDHRA PRADESHversusPOLAMALA RAJU @ RAJARAO

2000 INSC 387Appeal(s) allowed

The respondent, Polamala Raju, was convicted by a Sessions Court for raping a five‑year‑old girl under Section 376 IPC and sentenced to ten years' rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction but reduced the term to five years, citing the passage of time and possible …

GADNIS BHAWANI SHANKARversusFALEIRO EDUARDO MARTINHO

2000 INSC 365Dismissed

In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a …

UNION OF INDIA AND ORS.versusLT. GENERAL RAJENDRA SINGH KADYAN AND ANR.

2000 INSC 358Appeal(s) allowed

Lt. General Rajendra Singh Kadyan, the senior-most Lt. General, challenged the appointment of Lt. General H.R.S. Kalkat as Army Commander, arguing that the post is filled on seniority and that he satisfied the fitness and experience criteria, including a six‑month waiver. The Union of India appealed …

STATE OF KARNATAKAversusMAN JANNA

2000 INSC 283Appeal(s) allowed

The State of Karnataka prosecuted Manjan for raping a girl who was 15 years old at the time of the offence. The trial court convicted him based on the victim’s testimony, corroborative eyewitness accounts, medical findings of injuries and seminal stains on the victim’s clothing, and the victim’s …

STATE OF KARNATAKAversusKRISHNAPPA

2000 INSC 170Appeal(s) allowed

The State of Karnataka appealed against the Karnataka High Court's reduction of the sentence imposed on Krishnappa for raping an eight‑year‑old girl. The trial court had sentenced him to ten years' rigorous imprisonment and a fine, but the High Court reduced the imprisonment term to four years, …

STATE OF RAJASTHANversusN.K. - THE ACCUSED

2000 INSC 172Appeal(s) allowed

The State of Rajasthan appealed the acquittal of N.K., who had been convicted of rape under Section 376 IPC. The trial court had found the prosecutrix’s testimony reliable, corroborated by her father’s statement and medical evidence showing a ruptured hymen, and had accepted the five‑day delay in …

IN R/O DR. RAM ASHRAY YADAV CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSIONversus-

2000 INSC 165Reference answered

The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court seeking an enquiry into 32 charges of alleged misbehaviour against Dr. Ram Ashray Yadav, Chairman of the Bihar Public Service Commission. After detailed submissions, the Attorney General narrowed …

RAJIV KAPOOR AND ORS.versusSTATE OF HARYANA AND ORS.

2000 INSC 155Appeal(s) allowed

The petitioners challenged the admission of Haryana Civil Medical Service (HCMS) candidates to postgraduate medical courses, arguing that the university prospectus required selection solely on entrance‑exam marks. The State and the university contended that Government orders, issued in 1996‑1997, …

STATE OF ORISSAversusSUDHAKAR DAS (DEAD) BY LRS.

2000 INSC 94Disposed off

The State of Orissa appealed a decree based on an arbitration award made against the estate of the late Sudhakar Das. The arbitration agreement lacked an escalation clause, and the arbitrator had awarded escalation charges, pendente‑lite interest, and interest for the pre‑reference period. The …

SUNIL FULCHAND SHAHversusUNION OF INDIA AND ORS.

2000 INSC 74

The petitioners, detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the computation of their preventive detention period and the effect of parole on that period. The Supreme Court examined whether the period of detention runs …

ABDUL RASHID IBRAHIM MANSLJRIversusSTATE OF GUJARAT

2000 INSC 41Appeal(s) allowed

Abdul Rashid Ibrahim Mansuri, an auto‑rickshaw driver, was arrested after police stopped his vehicle and found four gunny bags containing charas. The police officer who ordered the stop relied on verbal information and neither recorded it in writing nor forwarded it to his superior as required by …

PARENTS ASSOCIATION AND ANR.versusUNION OF INDIA AND ORS.

2000 INSC 32Dismissed

The Supreme Court examined the Central Government's revised quota system for higher‑education and public‑employment seats in the Andaman and Nicobar Islands, which reduced the 10‑year‑education locals' reservation from 35% to 20% and restored a 50% reservation for pre‑ and post‑1942 settlers. The …

V.NARAYANASWAMYversusC.P. THIRUNAVUKKARASU

2000 INSC 24Dismissed

The appellant, a defeated candidate, filed an election petition challenging the Rajya Sabha election of the respondent on alleged corrupt practices, including bribery, undue influence, and the appointment of party‑affiliated persons to state corporations. The petition was found to lack material …

MOHD. ABUBAKKAR SIDDIQUEversusMUSTAFA SHAHIDUL ISLAM AND ORS.

2000 INSC 22Appeal(s) allowed

Mohammed Idris Ali filed an election petition challenging the 1996 election of Mustafa Shahidul Islam to the Assam Legislative Assembly. He later applied to withdraw the petition under Section 109 of the Representation of the People Act, 1951, and the withdrawal notice was published in the Official …

VETERINARY COUNCIL OF INDIAversusNDIAN COUNCIL OF AGRICULTURAL RESEARCH

2000 INSC 4Appeal(s) allowed

The Veterinary Council of India (VCI) framed Regulation 5(8) under the Veterinary Council Act, 1984, authorising it to conduct an All India Common Entrance Examination to fill 15% of seats in veterinary colleges. The Indian Council of Agricultural Research (ICAR) also claimed the right to conduct …

S.K. PATTANAIK (DEAD) THROUGH LRS.versusSTATE OF ORISSA AND ORS.

1999 INSC 557Dismissed

The appellant imported Indian-made foreign liquor into Orissa and stored it in a licensed bonded warehouse. Part of the stock became sedimented, was deemed unfit for consumption and was destroyed. The State issued a notice for payment of countervailing duty of Rs.10,02,182, which the appellant …

AJIT SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1999 INSC 546Dismissed

The Supreme Court examined review petitions that sought to overturn the view that Article 16(4) of the Constitution creates a fundamental right to reservation in public employment. The petitions relied on observations in Indira Sawhney that the reservation power was justified as a reasonable …

A.P. AGGRAWALversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANR.

1999 INSC 520Appeal(s) allowed

The appellant, A.P. Aggarwal, was the second name on a selection panel for the post of Member, Sales‑Tax Appellate Tribunal. After the first appointee resigned within six months, the Central Government, contrary to Office Memorandum No. 39021118/84 dated 14‑May‑1987 and Section 13(4) of the Delhi …

MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.

1999 INSC 507Dismissed

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he …

MAHANT RAM PRAKASH DASSversusRAMESH CHANDRA AND ORS.

1999 INSC 492Dismissed

In the 1997 Dasuya Assembly election, the appellant Mahant Ram Prakash Dass lost to respondent Ramesh Chandra by 53 votes and sought a recount under Rule 63(2) of the Conduct of Election Rules, 1961. The Returning Officer rejected the application, and the High Court dismissed the election petition …

M.S. AHLAWATversusSTATE OF HARYANA AND ANR.

1999 INSC 493Appeal(s) allowed

M.S. Ahlawat, a police officer, filed forged affidavits and made false statements before the Supreme Court, which subsequently convicted him under Section 193 of the Indian Penal Code (perjury) and Article 129 of the Constitution (contempt) by way of a show‑cause notice. Ahlawat challenged the …

MAHENDRA PALversusRAM DASS MALANGER AND ORS.

1999 INSC 494Appeal(s) allowed

Mahendra Pal, a candidate of the Indian National Congress, challenged the election of R.D. Malanger, a Bharatiya Janata Party candidate, to the Himachal Pradesh Vidhan Sabha from the Kutlehar constituency. The petition alleged that 35,310 ballot papers were distributed but 35,318 were counted, …

M/S. BHOR INDUSTRIES LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY

1999 INSC 488Appeal(s) allowed

The appellant, a manufacturer of laminated textile fabrics, sought classification of its waste side strips and scrap (referred to as "foam patty") as non‑excisable items under Chapter 59 of the Customs Tariff Act. The Assistant Collector and the Appellate Authority classified the material as …

JEET MOHINDER SINGHversusHARMINDER SINGH JASSI

1999 INSC 490Dismissed

The Supreme Court dismissed Civil Appeal No.154 of 1999 filed by Jeet Mohinder Singh challenging the election of Harminder Singh Jassi. The Court held that the respondent's nomination paper was validly accepted because the required copy of the electoral roll was produced before scrutiny, and the …

KRISHNA MOHINIversusMOHINDER NATH SOFAT

1999 INSC 491Dismissed

In the Solan constituency election, the petitioner Mohinder Nath Sofat challenged the election of Krishna Mohini on two grounds: the alleged improper rejection of the nomination papers of Pritam Chand and Mohan Singh, who were alternate candidates of unrecognised parties, and the alleged illegal …

NARMADA BACHAO ANDOLANversusUNION OF INDIA AND ORS.

1999 INSC 483Disposed off

The State of Gujarat moved the Supreme Court alleging that the Narmada Bachao Andolan (NBA) and its leaders, as well as author Arundhati Roy, were violating interim injunctions and attempting to prejudice pending proceedings on the height of the Sardar Sarovar dam by issuing press releases, …

DENTAL COUNCIL OF INDIA AND ANR. ETC.versusDR. H.R. PREM SACHDEVA AND ORS. ETC.

1999 INSC 478Disposed off

The Supreme Court examined the provisions of the Dentist Act, 1948 and the Dental Council (Election) Regulations, 1952 to determine the permissible duration of a Dental Council member's term when elections are not held within the prescribed five‑year period. Section 6(1) states that a member holds …

T.H. MUSTHAFFAversusM.P. VARGHESE AND ORS.

1999 INSC 440Dismissed

In the Kerala Legislative Assembly election for Kunnathunadu, respondent No.1 was declared elected by a margin of 60 votes. The appellant filed an election petition alleging double voting, impersonation, and that about 300 votes were cast using a wrong instrument for marking ballot papers, seeking a …

CHANDRA KISHORE JHAversusMAHAVIR PRASAD AND ORS.

1999 INSC 427Appeal(s) allowed

In the Bihar Legislative Assembly election, Chandra Kishore Jha filed an election petition challenging Mahavir Prasad's election. The petition was handed to the Bench Clerk on 16 May 1995, the last day of the 45‑day limitation period, but the designated election judge and the bench hearing civil …

AJIT SINGH AND ORS.versusTHE STATE OF PUNJAB AND ORS.

1999 INSC 407Disposed off

The Supreme Court considered three interlocutory applications filed by the State of Punjab seeking clarification of its earlier judgments in Ajit Singh (1996) and Virpal Singh (1993) regarding seniority of reserved‑category officers promoted at roster points. The Court held that such roster‑point …

SUBE SINGH BAHMANI AND ORS. ETC. ETC.versusSTATE OF HARYANA

1999 INSC 408Disposed off

The case concerned seniority disputes between reserved‑category candidates promoted by roster and general‑category candidates in the Haryana civil services. The appellants, who were reserved candidates, claimed that circulars issued by the Haryana Government (9‑Feb‑1979 and 10‑Jan‑1997) correctly …

SH. RAM PRASAD ETC.ETCversusSH. D.K. VIJAY AND ORS. ETC. ETC

1999 INSC 409Dismissed

General‑category officers of the Rajasthan Police Service and Rajasthan Administrative Service filed writ petitions challenging the seniority of reserved‑category officers promoted at roster points, while reserved officers sought to enforce the seniority rules. The Rajasthan High Court modified …

JATINDER PAL SINGH AND ORS. ETC. ETCversusSTATE OF PUNJAB

1999 INSC 410Disposed off

The Supreme Court examined appeals by general‑category officers of the Punjab Education Department challenging a Punjab High Court order that had granted promotion to reserved‑category Head Masters/Mistresses as Principals on the basis of roster points. The Court held that the law governing …

MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.

1999 INSC 411Disposed off

Petitioners filed a writ petition under Article 32 challenging the Uttar Pradesh Government's failure to act on the Parekh Commission Report on the 1982 Meerut riots, which had been submitted in 1988. The State Cabinet eventually decided to table the report, not take any further action, and consign …

KERALA STATE ELECTRICITY BOARD AND ANR.versusVALSALA K. AND ANR. ETC. ETC.

1999 INSC 412Dismissed

The Supreme Court considered whether the 1995 amendment to Sections 4 and 4A of the Workmen's Compensation Act, 1923, which increased compensation amounts and interest rates, applied to claims arising from accidents that occurred before the amendment’s effective date of 15 September 1995. Relying on …

PADMASINGHJI BAJIRAO PATIL AND ORS. ETC. ETC.versusSTATE OF MAHARASHTRA AND ORS.

1999 INSC 413Dismissed

Padmasinhji Bajirao Patil and others challenged the constitutional validity of Section 144‑T of the Maharashtra Co‑operative Societies Act, 1960, which makes the order of the Commissioner or a specified officer in election disputes final and conclusive with no provision for appeal or revision. The …

THAMPANOOR RAVIversusCHARUPARA RAVI AND ORS.

1999 INSC 402Appeal(s) allowed

Thampanoor Ravi was elected to the Kerala Legislative Assembly and his election was challenged on two grounds: (i) that he was an "undischarged insolvent" within the meaning of Article 191(1)(c) of the Constitution, and (ii) that he had indulged in corrupt practices under Section 123 of the …

NARENDER SINGHversusMALA RAM AND ORS.

1999 INSC 403Appeal(s) allowed

The appellant, Nareder Singh, was elected to the Haryana Legislative Assembly in 1996. Defeated candidates, including Mala Ram, filed election petitions alleging that the Returning Officer had improperly rejected the nomination papers of Suresh Kumar, Yogender and Mala Ram and had improperly …

SOMNATH RATHversusBIKRAM K. ARUKH AND ORS.

1999 INSC 397Appeal(s) allowed

In the 1995 Bhanjanagar Assembly election, the Returning Officer rejected the nomination of Panchanan Das (respondent No. 7) on the ground that he was a dealer under the Public Distribution System (PDS). The appellant, Somnath Rath, challenged the election of the returned candidate, Bikram K. Arukh, …

NEW INDIA ASSURANCE CO. LTD.versusSMT. SITA BAI AND ORS

1999 INSC 388Appeal(s) allowed

A motor accident occurred on 16 April 1987 at 10:00 am, killing Smt. Salta Bai. The bus involved was owned by respondent No. 5 and driven by respondent No. 6. The owner bought an insurance policy for the bus on the same day at 9:00 pm, and the policy expressly stated that its commencement was 16 …

LACHMAN DAS ARORAversusGANESHI LAL AND ORS

1999 INSC 373Dismissed

The appellant, Lachman Das Arora, who lost the Sirsa Assembly election held on 10 May 1996, filed an election petition on 1 July 1996 challenging the election of Ganeshi Lal. The Representation of the People Act, 1951 mandates that such petitions be presented within 45 days of the election. The …

MOHD. ALIversusAZAD MOHD.

1999 INSC 374Dismissed

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not …

SHRI GAJANAN L. PERNEKARversusSTATE OF GOA AND ANR.

1999 INSC 332Appeal(s) allowed

The appellant, a headmaster appointed to a government high school, was transferred to a middle school after the school's takeover and later absorbed back as headmaster of the high school with retrospective effect and consequential benefits by a government order dated 16‑Feb‑1994. The appellant filed …

THE BELSUND SUGAR CO. LTD. ETC. ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1999 INSC 315Disposed off

The Supreme Court examined whether the Bihar Agricultural Produce Markets Act, 1960 (the Market Act) could be applied to transactions involving sugarcane, sugar, molasses, wheat products, vegetable oils, rice, milk products and tea. It held that the special statutes governing sugarcane, sugar and …

DR. PREETI SRIVASTAVA AND ANR. ETC. ETC.versusTHE STATE OF MADHYA PRADESH AND ORS.

1999 INSC 316Appeal(s) allowed

The Supreme Court examined whether State governments could prescribe lower minimum qualifying marks for reserved‑category candidates in the Post‑Graduate Medical Entrance Examination (PGMEE). The Court held that the Uttar Pradesh Act 1997 and Madhya Pradesh Government Order fixing 20% for reserved …

R.P. KAPURversusUNION OF INDIA AND ORS.

1999 INSC 313Appeal(s) allowed

The appellant, a railway signal engineer, was suspended on 21‑January‑1982 and later compulsorily retired on 25‑November‑1992. During the suspension he received only a subsistence allowance equal to 75 % of his revised basic pay, which the President ordered to count as qualifying service for pension …

UNION OF INDIA AND ORS.versusSHRI CHETAN S. NAIK ETC.

1999 INSC 297Dismissed

The Supreme Court examined the interpretation of Rule 7(2)(b) of the Indian Broadcasting (Programme) Service Rules, 1990, which mandates that 50% of Junior Time Scale (JTS) posts (serial no. 5) be filled by "promotion". Two rival views existed: the Karnataka and Emakulam benches held that such …

THE STATE OF PUNJABversusBALDEV SINGH

1999 INSC 282Disposed off

The Supreme Court examined a batch of appeals concerning searches under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that an empowered officer must inform a suspect of his right to be searched before a Gazetted Officer or Magistrate, and that this duty is imperative, not merely …

JAI KUMARversusSTATE OF M.P.

1999 INSC 236Dismissed

Jai Kumar was convicted for the brutal murder of his pregnant sister‑in‑law and his eight‑year‑old niece, whom he killed after attempting to rape the former and then dismembering and displaying the bodies. The Sessions Court sentenced him to death under IPC 302 (with a concurrent seven‑year term …

SHRI MUNIR ALAMversusUNION OF INDIA AND ORS.

1999 INSC 229Case Allowed

The petitioner Munir Alam filed a writ under Article 32 after his son Nadeem Alam was killed by police firing near the Vice‑Chancellor's lodge of Aligarh Muslim University on the night of 1‑2 October 1996. He alleged that the police investigation was biased and incomplete, and sought a fair inquiry …

RANJIT SINGHversusHARMOHINDER SINGH PRADHAN

1999 INSC 227Dismissed

In the 1997 Punjab Legislative Assembly election, Ranjit Singh (appellant) lost to Harmohinder Singh Pradhan (respondent). Singh filed an election petition alleging that Pradhan was disqualified under Section 9‑A of the Representation of People Act, 1951 because he held a subsisting contract for the …

M.R.F. LTD.versusJAGDISH LAL AND ANR.

1999 INSC 225Dismissed

The appellant M.R.F. Ltd. challenged a consumer complaint alleging a defect in a tyre and tube that had burst. The complainant had handed the tyre and tube to the dealer, who forwarded them to the appellant, and therefore the complainant no longer possessed the goods. The District Forum was required …

T.M. JACOBversusC. POULOSE AND ORS.

1999 INSC 186Dismissed

The appellant, T.M. Jacob, was elected to the Kerala Legislative Assembly and faced an election petition filed by C. Poulose alleging corrupt practices. The petition included an affidavit in Form 25, but the copy of the affidavit served on Jacob omitted the notary’s name, address, stamp and seal, …

SATWANT SINGH SODHIversusSTATE OF PUNJAB AND ORS.

1999 INSC 136Appeal(s) allowed

The appellant, S.S. Sodhi, entered into a construction contract with the State of Punjab and disputes arose, leading to arbitration. The arbitrator first issued an interim award on 26 November 1992 for Item No. 1 and later a final award on 28 January 1994 covering the same item. Both awards were …

DR. UMA AGRAWALversusSTATE OF U.P. AND ANR

1999 INSC 122Disposed off

Dr. Uma Agrawal, a medical officer of the Uttar Pradesh Government, retired on 30 April 1993 but did not receive her gratuity, provident fund, pension and other retirement benefits until 18 November 1995. She filed a writ petition under Article 32 seeking payment of the delayed benefits and penal …

V.S. ACHUTHANANDHANversusP.J. FRANCIS AND ANR.

1999 INSC 123Appeal(s) allowed

V.S. Achuthanandan, a defeated CPI(M) candidate, filed an election petition against the winning candidate P.J. Francis alleging corrupt practices and illegalities in ballot counting. The Kerala High Court dismissed the petition under Section 83 of the Representation of the People Act read with Order …

L.C. GOYALversusMRS. SURESH JOSHI AND ORS.

1999 INSC 102Case Partly allowed

The appellant, a practising advocate, received Rs.25,102 from the respondent as court fees for filing a suit but failed to deposit the amount and later issued a cheque of Rs.38,000 to refund the fees with interest, which bounced due to insufficient funds. The Bar Council of India, after examining …

D.RAMACHANDRANversusR.V. JANAKIRAMAN AND ORS.

1999 INSC 97Appeal(s) allowed

In the 1996 Pondicherry Legislative Assembly election, D. Ramachandran filed an election petition alleging that R.V. Janakiraman, who was declared elected, committed multiple corrupt practices including falsifying voter lists, exceeding expenditure limits, and using government servants for …

MR. NAND LAL BALWANIversusNO

1999 INSC 85Disposed off

Mr. Nand Lal Balwani, an advocate enrolled with the Bombay Bar Association, shouted slogans and hurled his shoe in an open court, thereby interrupting the proceedings. He was informed that his conduct was intended to intimidate the court and was charged with contempt. Balwani filed an affidavit …

SRI UMA BALLAV RATHversusSRI MAHESHWAR MOHANTY AND ORS.

1999 INSC 84Dismissed

In the 1995 Puri Assembly election, both the appellant, Sri Uma Ballav Rath, and respondent No. 1 filed nomination papers as Janata Dal's official candidates. The Returning Officer, unable to determine the official candidate, treated both as independents and allotted different symbols. After a …

STATE OF JAMMU AND KASHMIRversusSWAMI SACHIDANAND S.C.S. PURNANAND AND ORS. ETC.

1999 INSC 76Disposed off

The Supreme Court heard a public‑interest litigation filed against the State of Jammu and Kashmir concerning the conduct of the annual Amarnath Yatra. The Delhi High Court had directed the State to keep the Balta route permanently open, akin to the Vaishno Devi route, and to improve the traditional …

SAVITRI DEVIversusDISTRICT JUDGE, GORAKHPUR AND ORS.

1999 INSC 68Dismissed

Savitri Devi filed a civil suit against her four sons for maintenance and a charge over ancestral property, and the court issued an interim injunction restraining any alienation of the suit property. The first son subsequently sold one‑fourth shares of three parcels to three third‑party purchasers …

GITHA HARIHARAN AND ANR .versusRESERVE BANK OF INDIA AND ANR.

1999 INSC 66Disposed off

The petitioners, a mother and father, applied to the Reserve Bank of India for relief bonds in their minor son's name, with the mother signing as guardian. RBI rejected the application, insisting on the father's signature or a guardianship certificate, relying on Section 6(a) of the Hindu Minority …

PUNJAB STATE ELECTRICITY BOARD AND ANRversusSHRI JASBIR SINGH

1999 INSC 60Appeal(s) allowed

The respondent's son suffered a pituitary gland disorder and was prescribed the imported drug Norditropin, for which the Punjab State Electricity Board (PSEB) denied reimbursement of Rs. 313,200. The respondent filed a writ petition, and the Punjab & Haryana High Court directed reimbursement, …

RAKESH KUMARversusSUNIL KUMAR

1999 INSC 48Dismissed

In the 1997 Punjab Vidhan Sabha election, three candidates, including Sunil Kumar, filed nomination papers as BJP candidates. The Returning Officer (RO) raised a suo motu objection that the BJP had set up more than one candidate and rejected all three nominations. Sunil Kumar applied under Section …

HARSH PRATAP SISODIAversusUNION OF INDIA AND ORS.

1999 INSC 43Case Allowed

Harsh Pratap Sisodia passed his intermediate examination without biology and later cleared biology, subsequently qualifying the All India Pre‑Medical/Pre‑Dental Entrance Examination conducted by CBSE. He was allotted a seat in an MBBS programme under the 15% All India Quota, but the Dean of Dr. V.M. …

ANIL R. DESHMUKHversusONKAR N. WAGH AND ORS.

1999 INSC 17Appeal(s) allowed

The appellant, Anil R. Deshmukh, filed an election petition challenging the election of Onkar N. Wagh to the Maharashtra Legislative Assembly, alleging corrupt practices. The petition required an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951. The …

APPAREL EXPORT PROMOTION COUNCILversusAK. CHOPRA

1999 INSC 12Appeal(s) allowed

The Apparel Export Promotion Council dismissed A.K. Chopra, a private secretary, for repeatedly attempting to molest a junior female employee, Miss X, by making unwelcome sexual advances and trying to touch her despite her objections. A departmental enquiry found the conduct amounted to sexual …

M/S. AMERICAN REMEDIES PVT. LTD. AND ANR.versusGOVT. OF ANDHRA PRADESH AND ANR.

1999 INSC 4Dismissed

The petitioners, American Remedies Pvt Ltd and another, challenged a demand for differential sales tax that arose after the Andhra Pradesh legislature amended Entry 37 of the Andhra Pradesh General Sales Tax Act, 1957 by the 1996 Amendment Act. They argued that the demand was invalid and that …

GANESH NAGARAO RAUT DUDHAGAONKARversusRAJANI SHANKARRAO SATAV AND ORS.

1998 INSC 467Dismissed

In a municipal council election with 424 voters, the quota for election was 213 votes. No candidate reached the quota, leading to successive rounds of elimination under the Conduct of Election Rules, 1961. The appellant, G.N.R. Dudhagaonkar, contended that 71 ballot papers, which were declared …

SRI RAMENDRA KISHORE BISWASversusTHE STATE OF TRIPURA AND ORS.

1998 INSC 460Appeal(s) allowed

The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the …

MUNICIPAL CORPORATION OF BRIHANMUMBAI AND ANR.versusSTATE BANK OF INDIA

1998 INSC 454Dismissed

The respondent appealed a rateable value order under Section 217(1) of the Bombay Municipal Corporation Act to the Additional Chief Judge of the Small Causes Court. That order was challenged by the respondent in a second appeal to the High Court under Section 218D, where a single judge partially …

L.R. SHIVARAMAGOWDA ETC.versusT.M. CHANDRASHEKAR (D) BY LRS. AND ORS.

1998 INSC 447Disposed off

The Supreme Court examined two civil appeals arising from an election petition that sought to void the election of L.R. Shivaramagowda on grounds of alleged corrupt practices under the Representation of the People Act, 1951. The petition alleged that the returned candidate had failed to file true …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 448Directions issued

The writ petition filed by environmental activist M.C. Mehta in 1985 sought proper management and control of traffic in the National Capital Region and Delhi, highlighting vehicular pollution and chaotic traffic conditions that endangered public safety. The Supreme Court observed that the executive …

M/S RICKMERS VERWALTUNG GMB HversusTHE INDIAN OIL CORPORATION LTD.

1998 INSC 436Dismissed

The appellant, a shipowner, and the respondent, Indian Oil Corporation, negotiated a charter party for shipping pipes but never signed the agreement because they could not agree on the format of a standby letter of credit and a performance guarantee, which were treated as conditions precedent. The …

KANWAR SINGH AND ORS. ETC. ETC.versusUNION OF INDIA

1998 INSC 408Dismissed

The Supreme Court heard appeals by landowners from village Rangpuri (village 'R') challenging the Delhi High Court's award of Rs 3000 per bigha as compensation for land acquired under the Land Acquisition Act, 1894. The appellants argued that, because adjoining villages Masoodpur and Mahipalpur had …

MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.

1998 INSC 395Dismissed

The petitioners sought relief under Article 32 concerning the communal riots in Meerut (Sept‑Oct 1982) and the subsequent enquiry commission headed by Justice C.D. Parekh. The Supreme Court repeatedly directed the Uttar Pradesh government to file an affidavit detailing the action taken on the …

IN RE: AJAY KUMAR PANDEY, ADVOCATEversus----

1998 INSC 382Disposed off

Advocate Ajay Kumar Pandey, after his defamation suit and subsequent revision were dismissed, filed a series of contempt petitions against judges of the High Court and subordinate courts, using scurrilous, unparliamentary and abusive language that cast aspersions on their impartiality. The Supreme …

PAWAN KUMAR SHARMAversusGURDIAL SINGH

1998 INSC 379Appeal(s) allowed

P.K. Sharma, an advocate enrolled in 1990, was complained against by Gurdial Singh for allegedly continuing a taxi business after enrollment, violating Bar Council of India Rules 47 and 48. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct and …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 377Directions issued

The Supreme Court, hearing a writ petition filed by environmental activist M.C. Mehta, examined the problem of vehicular air pollution in Delhi and its earlier order banning commercial vehicles older than 15 years from operating in the National Capital Territory. The Union of India, through the …

KURUKSHETRA UNIVERSITY AND ANR.versusJYOTI SHARMA AND ORS. ETC.

1998 INSC 369Disposed off

The Kurukshetra University closed admissions to its M.Sc (Zoology) programme for 1997‑98 after publishing four merit lists, but four students later left creating vacancies. The university handbook prescribed the admission schedule but was silent on how to fill seats that became vacant after closure. …

BASUDEO TIWARYversusSIDO KANHU UNIVERSITY AND ORS.

1998 INSC 367Appeal(s) allowed

Basudeo Tiwary, a lecturer appointed in 1978 at an affiliated college that later became a constituent unit of Sido Kanhu University, was re‑appointed on a temporary basis in 1986. The Vice‑Chancellor terminated his services, invoking Section 35(3) of the Bihar State Universities Act, 1976, on the …

SANJAY MUSALEversusSTATE OF M.P. AND ORS.

1998 INSC 366Dismissed

The petitioner, Sanjay Musale, filed a writ petition in the Madhya Pradesh High Court alleging public interest, but the petition concealed material facts and appeared to be filed on behalf of another person. The High Court dismissed the petition, holding that there was no genuine public interest and …

ABBAI MALIGAI PARTNERSHIP FIRM AND ANR.versusK. SANTHAKUMARAN AND ORS

1998 INSC 355Appeal(s) allowed

The dispute concerned an eviction order passed by the Rent Controller against the appellants, which was set aside by an appellate authority due to a title dispute. The High Court later affirmed the eviction order, prompting the respondents to file Special Leave Petitions (SLPs) before this Court, …

MOHAMMAD KASAM HAJI GULAMBHAIversusBAKERALI FATEHALI (D) BY LRS.

1998 INSC 352Case Allowed

The landlord filed an eviction suit under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging that tenant Bakerali Fatehali had unlawfully sublet or transferred his interest in a shop to his two sons. Bakerali had originally taken the shop on his own name, …

BAIJ NATH SHARMAversusHONBLE RAJASTHAN HIGH COURT AT JODHPUR AND ANR.

1998 INSC 339Dismissed

B.N. Sharma, a retired member of the Rajasthan Judicial Service, sought promotion to the Rajasthan Higher Judicial Service. After filing a writ petition that was withdrawn with liberty to re‑file, his representation was rejected by the High Court’s Full Court, prompting a second writ petition which …

MOHAN SINGHversusLATE AMAR SINGH THROUGH THE LRS.

1998 INSC 335Dismissed

The tenant, Mohan Singh, obtained two successive permissions for a limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the second limited period expired, the landlord sought possession and the tenant alleged that the second permission was procured by fraud and that he was …

SHEEL CHANDversusPRAKASH CHAND

1998 INSC 336Case Allowed

The landlord filed an eviction suit against the tenant claiming a bona‑fide personal need for the premises to start a general‑store business. The trial court, after evaluating evidence, held that the landlord's need was not genuine and dismissed the suit; the appellate court affirmed this finding. …

STATE ROAD TRANSPORT CORPORATIONversusREGIONAL TRANSPORT AUTHORITY AND ORS. ETC.

1998 INSC 337Disposed off

The U.P. State Road Transport Corporation sought permits for routes covered by an exclusive scheme and was told by the Regional Transport Authority that, under Section 58(2)(a) of the Motor Vehicles Act, 1939, the permits had to be renewed every three years. The corporation challenged this, arguing …

RAM NARAIN ARORAversusASHA RANI AND ORS.

1998 INSC 328Dismissed

The landlord filed an eviction petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, claiming a bona‑fide need for the suit premises. The tenant contended that the landlord already possessed an alternate residence at Subzi Mandi, which was concealed, and that the …

KALA AND ANR.versusMADHO PARSHAD VAIDYA

1998 INSC 323Appeal(s) allowed

The landlord, Madho Parshad Vaidya, sought eviction of tenant Kala Devi under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that she had sublet the shop to Ravinder Kapur. The trial court found no evidence of subletting, holding that Kapur was merely a manager and …

KALA AND ANR.versusMADHO PARSHAD VAIDYA

1998 INSC 324Appeal(s) allowed

The landlord, Madho Parshad Vaidya, filed an eviction petition under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that tenant Kala Devi had sublet her shop to Ravinder Kapur. The trial court found no evidence of subletting and held that the tenant retained …

PATEL VALMIK HIMATLAL AND ORS.versusPATEL MOHANLAL MULJIBHAI (DEAD) THROUGH LRS.

1998 INSC 322Appeal(s) allowed

The landlord sued the tenant for recovery of a shop on the ground that the tenant had sublet the premises without consent. The trial court and the first appellate court found that subletting had occurred and decreed in favour of the landlord. The tenant appealed, and the High Court, exercising …

CANARA BANKversusP.R.N. UPADHYAYA AND ORS.

1998 INSC 319Case Allowed

Canara Bank had advanced three loans to a landlord for constructing strong rooms that the bank later leased. The loans were subject to demand promissory notes stipulating interest rates above the RBI rate, compounded quarterly, and the bank debited interest at the contractual rates with quarterly …

AKKANISSERY GOVINDAN NAMBIARversusKARIYATH RAGHAVAN

1998 INSC 315Case Allowed

The landlord sought eviction of a long‑term tenant under the Kerala Buildings (Lease & Rent Control) Act, 1965, claiming a bonafide need for his son to start a grocery business in the premises. After the initial dismissal, the landlord obtained vacant possession of an adjacent building and the …

RAM PRASAD RAJAKversusNANO KUMAR AND BROS. AND ANR.

1998 INSC 310Case Allowed

The landlord (appellant) filed an eviction suit under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 on the ground of bona‑fide personal requirement. The trial court dismissed the suit; the landlord appealed and obtained a decree for eviction, which the tenants (respondents) …

MUNICIPAL COUNCIL, KHURAIversusKRISHI UPAJ MANDI SAMITI, KHURAI AND ORS.

1998 INSC 292Dismissed

The Municipal Council of Khurai received a 7‑acre parcel of land (Khasra No. 412/2) as a gift in 1912 to establish a grain market. The Council later transferred the land to the Krishi Upaj Mandi Samiti (Market Committee) under the Madhya Pradesh Agricultural Produce Markets Act, 1960, and claimed …

BRIJ BHUSHANversusKEWAL KUMAR

1998 INSC 288Dismissed

The tenant, Brij Bhushan, applied to the Rent Controller under Section 6A of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to deposit rent because the landlord, Kewal Kumar, refused to accept rent and give a receipt. The tenant deposited Rs. 7,500 covering rent from 12‑Feb‑1987 to …

V. RADHAKRISHNANversusS.N. LOGANATHA MUDALIAR

1998 INSC 289Dismissed

The tenant, V. Radhakrishnan, occupied a non‑residential building owned by S.N. Loganatha Mudaliar, who filed an eviction petition on the grounds of alleged rent default and a bonafide personal requirement to set up his son’s business. The Rent Controller dismissed the petition, finding no default …

RE BHAVANI RIVER-SAKTHI SUGARS LTD.versusRE BHAVANI RIVER-SAKTHI SUGARS LTD.

1998 INSC 276Dismissed

The Supreme Court examined a writ petition concerning the discharge of objectionable effluents from Sakthi Sugars Ltd.'s distillery into the Bhavani River, which had become a health and environmental hazard. The High Court had dismissed the petition solely on the consent of the Tamil Nadu Pollution …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 274Directions issued

The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta, examined the persistent rise in vehicular pollution in Delhi despite earlier court directions and the Bhure Lal Committee report. The Court noted that the State had failed to implement the …

KARIMABEN K. BAGADversusSTATE OF GUJARAT AND ORS.

1998 INSC 271Case Allowed

The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s …

RAGHUBIR SINGH AND ORS.versusGULAB SINGH AND ORS.

1998 INSC 250Appeal(s) allowed

Manraj Singh executed a will in 1946 leaving his entire property to his grandson Raghuvir Singh, but reserving "full control and ownership" of the property for himself and his wife Janak Dulari during their lifetimes. After Manraj's death Janak Dulari possessed the land; a compromise decree in 1947 …

R.C. SOODversusHIGH COURT OF JUDICATURE AT RAJASTHAN

1998 INSC 232Case Allowed

The petitioner, a member of the Rajasthan Higher Judicial Service, was suspended and subjected to a departmental enquiry by the High Court on allegations of administrative irregularities. The petitioner challenged the initiation of the enquiry, arguing that a prior order by the Chief Justice had …

VISHAL JEETversusUNION OF INDIA AND ORS.

1998 INSC 236Dismissed

Vishal Jeet, claiming to be an advocate, filed a fresh contempt petition (CRL No. D4I06 of 1998) against the Union of India and others, alleging that he had been denied membership of the Central Advisory Committee. An earlier contempt petition (No. 1/1994) on the same grievance had been dismissed by …

M.C.MEHTAversusUNION OF INDIA & ORS

1998 INSC 227Directions issued

In M.C. Mehta v. Union of India & Ors., the Supreme Court examined the State's failure to implement its earlier directions aimed at curbing chaotic traffic and vehicular pollution in Delhi, which affect the right to life under Article 21 and the State's duties under Articles 47, 48A and 144 of the …

ANAND PRAKASH MALIKversusBHAGWANDAS

1998 INSC 204Case Allowed

The landlord filed a civil suit under the general law to evict the tenant from a shop that was constructed in December 1968. The landlord relied on a 1971 Government Notification exempting buildings constructed in 1968‑1970 from the East Punjab Urban Rent Restriction Act for five years, arguing that …

ASHOK KUMAR SRIVASTAVversusNATIONAL INSURANCE COMPANY LTD. AND ORS.

1998 INSC 199Dismissed

A.K. Srivastav was appointed as a probationary Inspector with National Insurance Company Ltd. on conditions that he achieve a premium target within twelve months, failing which his service could be terminated without notice. After failing to meet the target, the company served a notice of …

EX. CAPT. R.S. DHULLversusSTATE OF HARYANA AND ORS.

1998 INSC 193Disposed off

The appellant, ex‑Captain R.S. Dhull, a former serviceman appointed as Tehsildar, had adverse remarks recorded in his Annual Confidential Reports which were expunged by the Punjab & Haryana High Court in 1990, leading to his promotion to District Revenue Officer. The Supreme Court, on a special …

CHETAK CONSTRUCTION LTD.versusOM PRAKASH AND ORS.

1998 INSC 188Disposed off

Chetak Construction Ltd. alleged that Justice R.D. Vyas of the Madhya Pradesh High Court had bought a flat from the respondent and therefore should recuse himself from hearing an appeal. The judge refused, made disparaging remarks, suggested contempt proceedings against the appellant and its …

EAST INDIA COMMERCIAL CO. PVT.LTD. ETC.versusCORPORATION OF CALCUTTA

1998 INSC 163Appeal(s) allowed

The appellants, East India Commercial Co. Pvt. Ltd., challenged the assessment of their building’s annual value under Section 168 of the Calcutta Municipal Act, 1951, arguing that the fair rent fixed under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956 should be the basis, not the …

M/S INTER STATE TRANSPORT AGENCYversusBIBI HABIBA KHATOON (DEAD) BY L.RS

1998 INSC 153Appeal(s) allowed

The landlord (respondent) filed an eviction suit (Title Suit No. 100 of 1980) against the tenant (appellant) alleging default in payment of rent. During the pendency of a second appeal in the High Court arising from an earlier eviction suit, the landlord obtained an order under Section 15 of the …

A.I. DEMOCRATIC WOMEN ASSOCIATION AND ORS.versusUNION OF INDIA AND ANR

1998 INSC 139Disposed off

The A.I. Democratic Women Association and others filed a writ petition under Article 32 seeking a ban on the drug quinacrine, used for female sterilisation, by directing the Union of India and the Directorate General of Health Services to invoke Sections 10‑A and 26‑A of the Drugs and Cosmetics Act, …

MANMOHAN GARGversusM/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS

1998 INSC 102Dismissed

The respondent owned the registered trade mark “Khargosh Chhap” (Reg. No. 112689) for bidis, registered in 1945. The appellant sold bidis under the label “Goat Cub”, which the respondent alleged was deceptively similar and amounted to passing off. The trial court dismissed the suit, but the High …

CHHIDDA SINGHversusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1998 INSC 104Dismissed

The petitioner, Chhidda Singh, filed a review petition (No. 315 of 1998) after the Supreme Court dismissed his Special Leave Petition (C) No. 6347 of 1997, which challenged orders of the Deputy Director of Consolidation and the High Court. The review petition merely reproduced verbatim the same …

P.A. NARYANANversusUNION OF INDIA AND ORS.

1998 INSC 95Appeal(s) allowed

The appellant's wife was assaulted and robbed on a running local train in 1981. She pulled the alarm chain, but the guard and motorman failed to stop the train, and she later died from her injuries. The Railway Board denied compensation, holding that liability arose only in railway accidents, and …

IN RE: BHAYANI RIVER - SAKTHI SUGARS LTD.versus--

1998 INSC 46Disposed off

The Supreme Court examined the non‑compliance of Sakthi Sugars Ltd. with directions issued by the Tamil Nadu Pollution Control Board under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974. The Board had ordered proper storage, treatment and disposal of effluent, but the …

SAYYED ALI AND ORS.versusANDHRA PRADESH WAKF BOARD HYDERABAD AND ORS.

1998 INSC 45Dismissed

The Andhra Pradesh Wakf Board claimed that a 358‑53 cent land parcel in Devada Mokhasa village, originally endowed by the Nizam for the support of the Syed Ali Ishaq Madina Vali Dargah, was a Wakf property. The Board sought cancellation of long‑term leases and sub‑leases executed by mutawallis, …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 12

In this public interest litigation, the Supreme Court was asked to clarify the status of an ad‑hoc committee headed by Justice R.K. Shukla that had been constituted under a previous order of the Court. The Court had subsequently created a permanent Environment Pollution (Prevention and Control) …

HASANALI WALIMCHAND (DEAD) BY L.RS.versusSTATE OF MAHARASHTRA

1998 INSC 2Disposed off

The State of Maharashtra acquired 14 acres 9 gunthas of land in Kedgaon, Ahmednagar, for public purposes. The Collector initially awarded compensation of Rs 49,301, which the claimants contested, leading to a reference under Section 18 of the Land Acquisition Act, 1894. The reference court fixed a …

SJ. EBENEZERversusVELAYUDHAN AND ORS.

1997 INSC 813Appeal(s) allowed

The landlord (respondent) filed a petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant (appellant) on the ground that the premises were required bona fide for his own use, alleging that another property he occupied was under imminent …

MALKIAT SINGH AND ANR.versusJOGINDER SINGH AND ORS.

1997 INSC 779Appeal(s) allowed

The appellants, convicted of murder, were sued for damages of Rs 1,00,000 by the respondents for loss of income after the victim’s death. The appellants had engaged counsel who, on 18 Nov 1991, pleaded “no instructions,” after which the trial court proceeded ex‑parte and passed a decree on 8 Feb …

STATE OF RAJASTHANversusPRAKASH CHAND AND ORS.

1997 INSC 776Appeal(s) allowed

The Supreme Court allowed the State of Rajasthan's appeal against a single High Court judge, Justice Shethna, who, while hearing a criminal revision petition, improperly called for the record of a writ petition already disposed of by a Division Bench, made intemperate allegations against the Chief …

SMT. MEHRUNNISA AND ORS.versusSMT. VISHAM KUMAR! AND ANR.

1997 INSC 783Dismissed

The respondent landlady served three notices to the tenant, first claiming the premises were needed for her husband's legal practice, then for a cloth business, and finally repeating the latter before filing an eviction suit. The trial court held that the landlady's requirement for the cloth …

KANTA UDHARAM JAGASIAversusC.K.S. RAO

1997 INSC 784Appeal(s) allowed

The appellant, Kanta Udharam Jagasia, claimed ownership of a flat and, as a Scientific Officer in BARC, sought eviction of her tenant under Section 13A(l)(A)(ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Competent Authority granted eviction based on a certificate …

PREM CHAND ALIAS PREM NATHversusSMT. SHANTA PRABHAKAR

1997 INSC 730Dismissed

The landlord filed an eviction petition under Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987, claiming the tenant defaulted on rent and that the premises were needed bona fide for building or rebuilding. The Rent Controller dismissed the petition for lack of evidence about the …

BHOLA BHAGAT ETC.versusSTATE OF BIHAR

1997 INSC 712Appeal(s) allowed

The appellants were convicted for murder and related offences under Sections 302, 149 and 148 of the IPC for the killing of Ram Naresh Choubey in 1978. They later claimed that they were children at the time of the offence and sought the benefit of the Bihar Children Act, 1970/1982 and the Juvenile …

SUN EXPORT CORPORATION AND ANR.versusBOARD OF TRUSTEES OF THE PORT OF BOMBAY

1997 INSC 707Dismissed

Sun Export Corporation (appellant No. 1) and its partner imported stainless‑steel tubes in 1973‑74 under licences held by Laxmi Engineering Co. They were authorised by letters of authority to clear the goods from the Bombay Port Trust warehouses, but failed to do so. The goods were subsequently …

VENKATESH THIMMAIAH GURJALKARversusS.S. HAWALDAR

1997 INSC 695Appeal(s) allowed

The appellant continued to operate a hair‑cutting shop that had been let to his father in 1940, a non‑residential premises, after his father's death in 1974. The landlord filed a petition for eviction under Section 21 read with Section 51(2) of the Karnataka Rent Control Act, 1961, asserting that …

ASHIM KUMAR ROYversusBIPINBHAI VADILAL MEHTA AND ORS.

1997 INSC 689Dismissed

Ashim Kumar Roy, a trade‑union secretary, filed a criminal complaint alleging that Bipinbhai Vadilal Mehta and his son conspired to commit criminal breach of trust and conspiracy (IPC §§120‑B, 409) and violated Section 77 of the Companies Act by diverting company funds to acquire control of Sayaji …

MAHESH KUMAR SAHARIAversusSTATE OF NAGALAND AND ORS.

1997 INSC 690Dismissed

M.K. Saharia, former Managing Director of Nagaland Forest Products Ltd., challenged the Nagaland Forest Products Ltd. (Acquisition of Shares) Ordinance, 1981 and the subsequent Act, 1982, which transferred the State's acquisition of the company's S‑class shares. He argued that the State's takeover …

PARSION DEVI AND ORS.versusSUMITRI DEVI AND ORS.

1997 INSC 691Appeal(s) allowed

The Supreme Court examined a review order that had set aside a High Court revision upholding an execution application concerning an injunction decree. The review petition, filed by the judgment debtors, sought to overturn the revision on the ground of limitation but did not point out any error …

HARYANA STATE ELECTRICITY BOARD AND ANR.,versusHAKIM SINGH

1997 INSC 680Appeal(s) allowed

The father of the respondent, Hakim Singh, a lineman with the Haryana State Electricity Board (HSEB), died in 1974. Fourteen years later, his widow applied for a compassionate appointment for their son, relying on HSEB circulars that allowed one family member to be considered for employment within …

EUGENIO MISQUITA AND ORS.versusSTATE OF GOA AND ORS.

1997 INSC 679Dismissed

The appellants challenged a declaration under Section 6 of the Land Acquisition Act, 1894 on the ground that it was barred by the one‑year limitation prescribed in the proviso to Section 6(1)(ii). A notification under Section 4(1) was published in the Official Gazette on 6 August 1992; the …

STATE OF HARYANA AND ORS.versusSHRI OM PRAKASH BHASIN (D) BY L.RS. AND ORS.

1997 INSC 673Disposed off

The State of Haryana acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs.10 per square yard, which was later enhanced to Rs.12 and then Rs.15 per square yard by the District Judge and the High Court respectively. The landowner also claimed a solatium of 30% on the …