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AR LAKSHMANAN

201 judgments · newest first · showing 1–200

RAVI PRAKASH GOELversusCHANDRA PRAKASH GOEL AND ANR.

2007 INSC 327Appeal(s) allowed

The appellant, son and legal heir of a deceased partner in a partnership firm, sought appointment of an arbitrator under the arbitration clause of the partnership deed after the firm failed to render accounts. The Allahabad High Court dismissed the application, holding that the arbitration agreement …

SECRETARY, PADIPPU K.S. SANGAM LRD .versusC. VARGHESE

2007 INSC 321Appeal(s) allowed

The appellant, a cooperative society registered under the Kerala Co-operative Societies Act, purchased milk from its members and distributed it. The respondent worked as a milk tester for two hours daily and was paid a fixed monthly wage of Rs.350. He claimed minimum wages under the Minimum Wages …

A.S. SASTRYversusCHIEF COMMNR. OF INCOME TAX AND ORS.

2007 INSC 322Disposed off

The appellant, a retired income‑tax officer, was facing a departmental inquiry whose charges he contested before the Central Administrative Tribunal (CAT). He sought an early hearing of the CAT proceedings and the release of his pension, obtaining a direction from the High Court for the same, which …

THELAPALLI RAGHAVAIAHversusSTATION HOUSE OFFICER AND ORS.

2007 INSC 303Dismissed

The petitioner, a sub‑contractor, alleged that the respondent company mixed fly ash with gravel, made illegal deductions from its bills and fabricated expert reports, thereby cheating it and committing criminal conspiracy, breach of trust and other offences under the IPC. An FIR was lodged and the …

NANO KISHORE OJHAversusMADANMOHAN JHA

2007 INSC 310Disposed off

The State of Bihar had undertaken, in an affidavit, to recruit and fill vacant teacher posts in its schools, giving priority to trained teachers. The State later claimed that the number of trained teachers was insufficient and that no selection test would be required, leading the petitioner to file …

CENTRAL BUREAU OF INVESTIGATION AND ANR.versusASHOK KUMAR AGGARWAL AND ORS.

2007 INSC 297Disposed off

The Central Bureau of Investigation (CBI) appealed against an interlocutory order of the Delhi High Court that permitted the accused, Ashok Kumar Aggarwal, to inspect confidential files relating to the sanction for his prosecution and the notings of the Finance Minister. The Supreme Court had …

DEEPAK JAINversusCHARU JAIN

2007 INSC 289Dismissed

The appellant, Deepak Jain, appealed against a Delhi High Court order that had affirmed an Additional District Judge’s order granting him interim maintenance of Rs 12,000 per month and litigation expenses of Rs 11,000 under Section 24 of the Hindu Marriage Act, 1956. The Supreme Court examined …

I.C.A.R. AND ORS.versusASIT BARAN CHAUDHURI AND ANR.

2007 INSC 281Disposed off

The respondent, Asit Baran Chaudhuri, filed a writ petition under Article 226 seeking a direction that the authorities consider his claim for the benefit of the Agricultural Research Service (Scientist ‘S’ Grade). The Calcutta High Court allowed the petition, granting him liberty to make a …

BOC INDIA LTD.versusBHAGWATL OXYGEN LTD.

2007 INSC 279Dismissed

BOC India Ltd. entered into a turnkey contract with Bhagwati Oxygen Ltd. for the erection, installation and commissioning of an oxygen plant at a lump‑sum price, subject to variations for imported components. Due to exchange‑rate and customs‑duty changes the price rose, and the parties later …

ALL BENGAL EXCISE LICENSEES ASSOCIATIONversusRAGHABENDRA SINGH AND ORS.

2007 INSC 270Appeal(s) allowed

The All Bengal Excise Licensees Association obtained an interim injunction from the Calcutta High Court prohibiting the State Excise authorities from holding any lottery for the final selection of excise shop licences without the Court's leave. Despite being fully aware of the order, the respondents …

R. BALASUBRAMANIAMversusADDITIONAL DEPUTY COMMERCIAL TAX OFFICER

2007 INSC 276Disposed off

The appellant, R. Balasubramaniam, purchased a property and was assessed sales tax arrears of Rs.83,53,477, including penalties. He challenged the assessment in a writ petition, which was dismissed, and then filed a writ appeal that remained pending before the Madras High Court. During the pendency …

M/S. SRIRAM INDUSTRIAL ENTERPRISES LTD.versusMAHAK SINGH AND ORS.

2007 INSC 266Dismissed

The workmen claimed they were illegally retrenched because they had completed at least 240 days of service in a calendar year, satisfying the condition precedent to retrenchment under Section 6N of the U.P. Industrial Disputes Act, 1947. The employer produced only an extract of the attendance …

NELSON FERNANDES AND ORS.versusSPL. L.A.O. SOUTH GOA AND ORS.

2007 INSC 244Appeal(s) allowed

The Supreme Court heard appeals by Nelson Fernandes and others against the Bombay High Court’s order that reduced the compensation for land acquired for the Konkan Railway and rejected compensation for trees. The appellants argued that the High Court improperly rejected the government‑approved …

VISHWANATH CHATURVEDIversusUNION OF INDIA AND ORS.

2007 INSC 236Disposed off

The petitioner filed a public interest litigation under Article 32 alleging that the Chief Minister of Uttar Pradesh, Mulayam Singh Yadav, and his family acquired assets disproportionate to their known sources of income, violating the Prevention of Corruption Act, 1988. The petition sought a writ of …

GURBACHAN LALversusREGIONAL ENGINEERING COLLEGE, KURUKSHETRA AND ORS.

2007 INSC 239Disposed off

Gurbachan Lal was appointed as a Senior Project Leader on a temporary basis in an Establishment Development Cell (EDC) created under a DST scheme at Regional Engineering College, Kurukshetra. When the three‑year grant ended, the Board of Governors decided not to merge the EDC with the main college …

UNION OF INDIA AND ORS.versusP.K. KUTTAPPAN

2007 INSC 233Disposed off

P.K. Kuttappan, an EDDA in the Postal Department, was dismissed on multiple charges of failing to deliver registered letters, alleged violations of Rule 17 of the P&T ED Agents (Conduct and Service) Rules, 1964. The Service Tribunal ordered his reinstatement with 50% back wages, a decision affirmed …

STATE OF H.P.versusGEHAR SINGH

2007 INSC 223Dismissed

The petitioners were daily‑wage workers in the Himachal Pradesh Irrigation and Public Works Department who had served for more than ten years. A betterment scheme, modified by the Supreme Court in the Moo Raj Upadhyaya case, provided that such workers completing ten years of continuous service as of …

K. MADALAIMUTHU AND ANR.versusSTATE OF TAMIL NADU AND ORS.

2007 INSC 228Disposed off

Petitioners K. Madalaimuthu and A. Arumuga Nainar filed a contempt petition against IAS officers M. Devaraj and M. Muthusamy, alleging willful disobedience and disrespect of a Supreme Court order dated 4 July 2006 that directed their promotion in the Tamil Nadu Registration Service. They also sought …

ALPESH NAVINCHANDRA SHAHversusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 212Case Allowed

Alpesh Na Vinchandra Shah and his brother were arrested for mis‑declaring import consignments and evading customs duty. Both were detained under section 3(1) of the COFEPOSA Act. They later applied for settlement under section 1278 of the Customs Act; the Settlement Commission accepted full duty …

MANAGER, ICICI BANK LTD .versusPRAKASH KAUR AND ORS.

2007 INSC 213Appeal(s) allowed

The petitioner, Prakash Kaur, had taken a hire‑purchase loan from ICICI Bank for a truck and defaulted on instalments. The bank, through its agent Kartik Associates, forcibly seized the vehicle. The petitioner filed a writ petition seeking registration of a FIR against the bank and police for …

M/S. POPCORN ENTERTAINMENT AND ANR.versusCITY INDUSTRIAL DEVELOPMENT CORPN. AND ANR.

2007 INSC 199Disposed off

Popcorn Entertainment applied to CIDCO for a plot to build a multiplex; CIDCO allotted the plot, the appellant paid the full price and a lease agreement and commencement certificate were issued. CIDCO later cancelled the allotment, invoking Section 23 of the Indian Contract Act (public policy) and …

VINOD G. ASRANIversusSTATE OF MAHARASHTRA

2007 INSC 181Dismissed

Vinod G. Asrani and three others filed writ petitions challenging their prosecution under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), arguing that no approval under s.23(1)(a) was obtained for investigating Asrani and that the subsequent sanction under s.23(2) was therefore …

S.T. RAMESHversusSTATE OF KARNATAKA AND ANR .

2007 INSC 162Appeal(s) allowed

S.T. Ramesh, an IPS officer with a career marked by "very good", "excellent" and "outstanding" grades, was assigned an "average" rating with adverse remarks in his Annual Confidential Report for the 150‑day period of 16 Oct 1996 to 15 Mar 1997. He petitioned the Central Administrative Tribunal under …

STATE OF MAHARASHTRA AND ORS.versusTUKARAM TRYAMBAK CHAUDHARI AND ORS.

2007 INSC 163Dismissed

The petitioners, the State of Maharashtra, appealed against a Bombay High Court judgment that upheld the appointment of graduate teachers holding B.Ed. qualifications as "trained teachers" in primary schools up to the 7th standard. The respondents, a group of private school teachers, had been …

NEW DELHI MUNICIPAL COUNCILversusP.P. GARG AND ANR.

2007 INSC 164Dismissed

The respondents were initially recruited as Mechanics (Auto) in the Auto Workshop of the New Delhi Municipal Council (NDMC) and were paid under the Shiv Shankar Committee pay scale, which applied to the Electrical Wing. They were later promoted to the post of Assistant Engineer (E & M), and NDMC …

GEN. MANAGER, M/S. HUTTI GOLD MINES CO.versusSHIVAPPA (D) THR. HIS LRS. AND ORS.

2007 INSC 156Disposed off

The Supreme Court examined an appeal against a Karnataka High Court interim order that stayed execution of land acquisition awards pending the appellant’s deposit of 50% of the enhanced compensation, solatium, additional market value and interest, and allowed claimants to withdraw the amount. The …

JYOTSNA DWIVEDIversusUNION OF INDIA & ORS.

2007 INSC 157Disposed off

The petitioner, Jyotsna Dwivedi, filed a writ petition under Article 32 of the Constitution seeking a mandamus directing the Union of India to promptly fulfil welfare packages promised to widows of Kargil war martyrs. The Supreme Court issued several directions, after which the Ministry of Petroleum …

STATE OF MAHARASHTRA AND ORS.versusLALIT SOMDATTA NAGPAL AND ANR.

2007 INSC 129Disposed off

The Supreme Court examined whether offences under the Essential Commodities Act, 1955 (including those committed during the period of the Essential Commodities (Special Provisions) Act, 1981) fall within the ambit of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). It held that the 1955 …

DEEPA GOURANG MURDESHWAR KATREversusTHE PRINCIPAL, V.A.V. COLLEGE OF ARTS & ORS.

2007 INSC 132Appeal(s) allowed

The appellant, Deepa Gourang Murdeshwar Katre, was appointed on a temporary basis as an English lecturer in a government‑aided college where the post was reserved for Scheduled Caste candidates. For six successive years no Scheduled Caste applicant applied, and the college repeatedly appointed her …

DARSHAN SINGHversusSTATE OF PUNJAB

2007 INSC 133Appeal(s) allowed

Darshan Singh, an Accounts Clerk, was suspended in 1965 on allegations of embezzlement, later acquitted and reinstated with his suspension treated as duty. He sued the State of Punjab for full pay and allowances for the suspension period (25‑May‑1965 to 28‑Apr‑1978) and was awarded Rs 60,586.75 with …

UNION OF INDIA AND ANR.versusS.K. GOEL AND ORS.

2007 INSC 127Appeal(s) allowed

The case concerned a Grade‑A officer of the Customs and Central Excise Service (respondent S.K. Goel) who claimed that his Annual Confidential Reports (ACRs) for 1994‑95 were improperly graded and that the lower grading by the reviewing officer was not communicated to him, affecting his seniority …

L.P. SHASHI KUMARversusINDUSTRIAL DEV. BANK OF INDIA LTD.

2007 INSC 118Disposed off

The appellant, L.P. Shashi Kumar, on behalf of Goldstone Technologies Ltd., sought release of securities pledged to Industrial Development Bank of India (IDBI) after paying a full and final settlement of a Rs.1000‑lakh term loan. IDBI had obtained a stay from the High Court against an order of the …

VIDYA VIKAS MANDAL AND ANR.versusTHE EDUCATION OFFICER AND ANR.

2007 INSC 114Disposed off

A school teacher (Respondent No.2) was charged with several offences and an inquiry committee of three members was constituted under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Rule 37(6) required the committee to communicate its findings to the Management …

TAMIL NADU WATER SUPPLY & DRAINAGE BOARDversusM/S. SATYANARAYANA BROTHERS PVT. LTD.

2007 INSC 115Dismissed

The Tamil Nadu Water Supply & Drainage Board entered into a contract with Mis. Sathyanarayana Brothers Pvt. Ltd. for a drinking water project, but the contractor alleged delays and sought arbitration. An umpire awarded amounts to both parties, which the High Court Single Judge set aside on grounds …

STATE BANK OF INDIA AND ORS.versusJASPAL KAUR

2007 INSC 84Appeal(s) allowed

The widow of a deceased Record Assistant of State Bank of India applied in February 2000 for a compassionate appointment under the bank's scheme. The bank declined the request, the High Court ordered a reconsideration and eventually allowed the petition, holding that the family’s income was …

TEJPAL SINGHversusUNION OF INDIA AND ORS.

2007 INSC 90Disposed off

Tej Pal Singh, a government employee, was removed from service and his challenge to the removal was dismissed by multiple forums. He contended that he was not given a proper opportunity of hearing, as the Inquiry Officer refused to summon his witnesses, and the dispute had lingered for fifteen …

AMEY CO-OP. HOUSING SOCIETY LTD.versusPUBLIC CONCERN FOR GOVERNANCE TRUST AND ORS.

2007 INSC 92Disposed off

The Public Concern for Governance Trust filed a public interest litigation challenging the allotment of six residential plots in Navi Mumbai to cooperative societies that were alleged to be dummy entities set up by Vijay Associates (Wadhwa) Developers. The Bombay High Court quashed the allotments, …

GHAZIABAD ZILA SAHAKARI BANK LTD.versusADDL. LABOUR COMMISSIONER& ORS.

2007 INSC 48Appeal(s) allowed

Ghaziabad Zila Sahakari Bank Ltd., a cooperative society, paid ex‑gratia amounts to its employees in violation of circulars issued by the Registrar of Cooperative Societies. The employees filed an application under Section 6H of the Uttar Pradesh Industrial Disputes Act, and the Additional Labour …

DHANLAKSHMI AND ORS.versusP. MOHAN AND ORS.

2007 INSC 50Appeal(s) allowed

The first respondent filed a suit for partition of his undivided share in a property. The appellants, having purchased the undivided shares of the other co‑sharers through registered sale deeds, applied to be impleaded in the partition suit, claiming they were bona fide purchasers for value and …

M/S. ENGINEERS SYNDICATEversusSTATE OF BIHAR AND ORS.

2007 INSC 51Appeal(s) allowed

The dispute between Mis. Engineers Syndicate and the State of Bihar was referred to arbitration under an agreement. The arbitrator issued a lump‑sum award in favour of the syndicate without providing item‑wise reasons, i.e., a non‑speaking award. The Subordinate Judge set aside the award on the …

RAJ KUMAR GUPTAversusUNION OF INDIA AND ORS.

2007 INSC 52Disposed off

Raj Kumar Gupta filed a public interest writ petition under Article 32 alleging that frequent leakage of entrance examination question papers undermined confidence of students and parents. The Union of India and the Central Board of Secondary Education submitted a sealed report detailing security …

PRANAY MAJUMDARversusBINA MAJUMDAR

2007 INSC 53Disposed off

The husband filed a petition for divorce under Section 27(d) of the Special Marriage Act, alleging cruelty. The trial court decreed divorce, but the High Court set aside that decree. While the appeal was pending before the Supreme Court, the parties executed a Joint Memorandum of Settlement wherein …

M/S FARWOOD INDUSTRIES (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, CHENNAI

2007 INSC 54Appeal(s) allowed

In Mis. Farwood Industries (P) Ltd. v. Commissioner of Central Excise, Chennai, the appellant challenged the classification and duty liability of certain goods under the Central Excise Tariff Act, 1985. The Assessing Officer and the Commissioner had affirmed the original assessment, but the …

SUCHITRA COMPONENTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, GUNTUR

2007 INSC 55Appeal(s) allowed

Suchitra Components Ltd. appealed against a Tribunal order that required it to pay excise duty from 1 March 1990. The appellant argued that, under the Central Excise Act, the liability should arise only from the date the show‑cause notice was issued on 29 August 1990. The Supreme Court referred to …

D. GOPINATHAN PILLAIversusSTATE OF KERALA AND ANR.

2007 INSC 40Appeal(s) allowed

The State of Kerala filed an application to condone a 3320‑day delay in filing a petition to set aside an arbitral award under the Arbitration Act, 1940. The civil court allowed the condonation, noting gross negligence of officials but refusing to penalise the State, and the High Court dismissed the …

COMMERCIAL TAXATION OFFICER, UDAIPURversusRAJASTHAN TAXCHEM LTD.

2007 INSC 35Dismissed

Rajasthan TaxChem Ltd, a manufacturer of polyester yarn, purchased diesel to run generator sets that supplied electricity for its production process and claimed a concessional sales‑tax rate of 3% under Section 10(1) of the Rajasthan Sales Tax Act, 1994. The assessing authority held that diesel was …

NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATIONversusM.NAGANGOUDA

2007 INSC 20Appeal(s) allowed

The respondent, M. Nagangouda, a former conductor of the North East Karnataka Road Transport Corporation, was dismissed for alleged misconduct. He later claimed entitlement to full back wages, arguing that his agricultural self‑employment during the dismissal period constituted gainful employment. …

RAKESH KUMAR JAIN AND ANR.versusSTATEOF U.P. THR. COLLECTOR AND ANR.

2007 INSC 13Disposed off

The Agra Development Authority (respondent No.2) took forcible possession of the appellants' land on 31 August 2000 without invoking the provisions of the Land Acquisition Act. The appellants filed a civil suit for injunction, and the court ordered the authority to pay compensation of …

STATE OF JAMMU AND KASHMIR AND ORS.versusABDUL MAJID

2007 INSC 14Disposed off

The Supreme Court heard a civil appeal filed by the State of Jammu and Kashmir against an interim order of the High Court Division Bench that directed the State to deposit and pay the respondent's minimum wages for the period January 1992 to March 2006 within two weeks, pending a Letters Patent …

STATE OF MAHARASHTRAversusPUBLIC CONCERN FOR GOVERNANCE TRUST AND ORS.

2007 INSC 8Disposed off

The State of Maharashtra appealed to the Supreme Court seeking expunction of adverse remarks made by the Bombay High Court against the then Chief Minister and the Managing Director of CIDCO, who were not parties to the proceedings. The High Court had interpreted the Chief Minister's notation "please …

MOHAMMED KHASIMversusMOHAMMED DASTAGIR AND ORS.

2006 INSC 1024Dismissed

The case concerned the estate of Mohammed Imam Saheb, who executed a Release Deed in 1958 and a Deed of Trust in 1960. After his death, his son Mohammed Dastagir filed a partition suit claiming a share in the properties, while the other heirs argued that the Deed of Trust created a Wakf‑al‑al‑Aulad, …

MEERA CHAUHANversusHARSH BISHNOI AND ANR.

2006 INSC 1005Case Partly allowed

The suit property was bequeathed to respondent No.2 by a will, but respondent No.1 filed a suit claiming title based on an oral family settlement and obtained an ex‑parte injunction restraining respondent No.2 from transferring the property. While the injunction was in force, the appellant purchased …

AJAY GOSWAMIversusUNION OF INDIA AND ORS.

2006 INSC 995Dismissed

Ajay Goswami filed a writ petition under Article 32 seeking court‑issued guidelines for newspapers to prevent minors from being exposed to sexually explicit material, and to set up a committee for regulating such content. The petition argued that existing statutes were inadequate to protect …

DOIWALA SEHKARI SHRAM SAMVIDA SAMITI LTD.versusSTATE OF UTTARANCHAL AND ORS.

2006 INSC 996Disposed off

Doiwala Sehkari Shram Samvida Samiti Ltd., a private mining firm, applied for a ten‑year lease for minor minerals under Rule 9‑A of the U.P. Minor Minerals (Concession) Rules, 1963. After the bifurcation of Uttar Pradesh, the new State of Uttarakhand adopted the rules with modifications and …

UTTARANCHAL FOREST DEVELOPMENT CORPN. AND ANR.versusJABAR SINGH AND ORS.

2006 INSC 999Disposed off

The Uttaranchal Forest Development Corporation engaged daily‑wage workers for measuring wood and protecting timber. When work ceased, the workers were retrenched under Section 6‑N of the U.P. Industrial Disputes Act. The Labour Court held the retrenchment valid, saying the corporation was not an …

THE DEPUTY DIRECTOR LAND ACQUISITIONversusMALLA ATCHINAIDU AND ORS.

2006 INSC 1000Disposed off

The case concerned the acquisition of 19.87 acres of land in Andhra Pradesh and the award of compensation for the land and palmyrah and cashew trees standing thereon. The Sub‑Judge enhanced the land compensation to Rs 55,000 per acre and increased the per‑tree rates, but retained the original count …

AJENDRAPRASADJI N. PANDE AND ANR.versusSWAMI KESHAV PRAKESHDASJI N. AND ORS.

2006 INSC 981Dismissed

The petitioners sought to amend their written statement in a civil suit after the trial had already begun, invoking Order VI Rule 17 of the CPC. The Supreme Court examined whether the amendment was permissible under the proviso to that rule, which bars amendments after trial commencement unless the …

UNION OF INDIA AND ORS.versusSHEELA RANI

2006 INSC 982Appeal(s) allowed

Sheela Rani was engaged as a casual worker on 17 November 1982 to note complaints in an enquiry office. She sought regularisation of her post with retrospective effect from that date, invoking directions of the Administrative Tribunal. The Tribunal ordered her regularisation retrospectively, but the …

ROCHEM SEPARATION SYSTEMS (I) PVT. LTD.versusMAZAGON DOCK LTD. AND ORS.

2006 INSC 983Appeal(s) allowed

Rochem Separation Systems (I) Pvt. Ltd. (appellant) submitted original and supplementary bids for a defence tender but was rejected because it failed to provide an un‑priced price format. The tendering authority (Respondent No.1) subsequently awarded the contract to Respondent No.4, allowing it to …

STATE OF UTTARANCHAL AND ANR.versusDINESH KUMAR SHARMA

2006 INSC 944Appeal(s) allowed

The respondent, Dinesh Kumar Sharma, a Subordinate Agricultural Services officer, claimed promotion and seniority from the 1995-96 vacancy year, although his substantive appointment order was issued on 19 November 1999. The High Court directed the State to reconsider his claim, but the Supreme Court …

MUIR MILLS UNIT OF N.T.C. (U.P) LTD.versusSWAYAM PRAKASH SRIVASTAVA AND ANR.

2006 INSC 938Appeal(s) allowed

Muir Mills Unit of N.T.C. (U.P.) Ltd. appointed Swayam Prakash Srivastava as a Legal Assistant on a one‑year probation. After the probation period the mill terminated his services for unsatisfactory performance. Srivastava raised an industrial dispute; the Labour Court held he was a workman and …

K.N. SATHYAPALAN (DEAD) BY LRS.versusSTATE OF KERALA AND ANR.

2006 INSC 931Appeal(s) allowed

The appellant, K.N. Sathyapalan (deceased) by legal representatives, entered into a construction contract with the State of Kerala. The work could not be completed within the stipulated eleven months due to law‑and‑order disturbances, lack of a suitable quarry and dumping yard, and the State’s …

N.V. SUBBA RAOversusCORPORATION BANK AND ORS.

2006 INSC 932Disposed off

N.V. Subba Rao, a clerk in Corporation Bank, was suspended on 3 July 1985 and dismissed on 28 July 1988. The High Court later modified the dismissal order, reverting him to the clerk post and reinstating him on 6 February 1997. Rao claimed that his pension and gratuity should be calculated by …

UNION OF INDIA AND ORS.versusCARPENTER WORKERS UNION AND ORS.

2006 INSC 937Dismissed

The Union of India filed a Special Leave Petition challenging a Delhi High Court order that dismissed its claim for uniform pay scales for carpenters employed by All India Radio and Television. The petition arose after the Central Administrative Tribunal (CAT) had upgraded the pay scales of …

UNION PUBLIC SERVICE COMMISSIONversusL.P. TIWARI

2006 INSC 878Appeal(s) allowed

The case concerned the promotion of two State Forest Service officers, L.P. Tiwari and D.P. Dwivedi, to the Indian Forest Service. Both officers challenged the Selection Committee’s assessment, alleging that they should have been classified as "outstanding" and given seniority over other candidates. …

DHARAMPAL ARORAversusPUNJAB STATE ELECTRICITY BOARD AND ANR.

2006 INSC 887Case Partly allowed

The appellant, an Assistant Revenue Accountant of the Punjab State Electricity Board, was suspended in 1974, charge‑sheeted, reinstated in 1975 and later allowed to cross the efficiency bar only from 1 April 1976, treating the period of suspension as non‑duty. An inquiry resulted in an order on 16 …

LEKHAversusP. ANIL KUMAR

2006 INSC 872Appeal(s) allowed

The parties divorced after a period of separation; the mother later remarried. Their 12‑year‑old son had been living with the mother. The father filed a petition under the Guardians and Wards Act, 1890 seeking custody. The trial court, after interviewing the child who expressed a clear desire to …

RISHIKESH SHARMAversusSAROJ SHARMA

2006 INSC 873Appeal(s) allowed

The husband, Rishikesh Sharma, filed a petition for dissolution of his marriage to Saroj Sharma under Section 28 of the Hindu Marriage Act, alleging mental cruelty and desertion. The parties had been living separately since 1981, with the wife filing multiple criminal cases against the husband, and …

OIL & NATURAL GAS CORPN. LTD.versusENGINEERING MAZDOOR SANGH

2006 INSC 867Disposed off

The Oil & Natural Gas Corporation (ONGC) employs seasonal casual/contingent workers for field survey work from November to May each year. The Engineering Mazdoor Sangh sought regularisation of those workers who had completed at least 240 days of attendance in a twelve‑month period, invoking Rule 2 …

M/S. AMBICA CONSTRUCTIONversusUNION OF INDIA

2006 INSC 868Appeal(s) allowed

Ambica Construction entered into a works contract with the Union of India (Railways) which incorporated Clause 43(2) requiring a No‑Claim Certificate after the works were finally measured. The contractor could not complete the work on time, faced deductions and was denied payment and refund of its …

KANSING KALUSING THAKORE AND ORS.versusRABARI MAGANBHAI VASHRAMBHAI AND ORS.

2006 INSC 869Appeal(s) allowed

The Supreme Court examined a public‑interest litigation filed by villagers of Rasana Nana, Gujarat, which challenged the allotment of rehabilitation lands to six original land‑owners whose property had been acquired in 1954 for an agricultural university. The Court held that the writ petition was an …

STATE OF PUNJAB AND ORS.versusRAJESH KUMAR

2006 INSC 870Appeal(s) allowed

The respondent, Rajesh Kumar, a constable appointed on 2 December 1989, was discharged on 18 October 1992 under Rule 12.21 of the Punjab Police Rules on the ground of unauthorized absenteeism and unsuitability. Lower courts, including the High Court, held that the discharge was punitive, based on …

M.D., KARNATAKA HANDLOOM DEV. CORPN. LTD.versusSRI MAHADEVA LAXMAN RAVAL

2006 INSC 858Appeal(s) allowed

The Karnataka Handloom Development Corporation appointed Sri Mahadeva Laxman Raval as an expert weaver on a fixed‑term, honorarium‑based contract under the Vishwa programme. After the nine‑month contract expired, the corporation did not renew his engagement, and Raval claimed that his termination …

T.C. KAUSHIKversusUNION OF INDIA AND ORS.

2006 INSC 846Case Partly allowed

Dr. T.C. Kaushik, an Additional Government Counsel, was held by the Bombay High Court to have distorted a court order in a letter to the Revenue Department and was directed to face departmental action. He subsequently filed an affidavit on 27 March 2006 offering an unconditional apology, stating …

NATIONAL SMALL INDUSTRIES CORPN. LTD.versusV. LAKSHMINARAYANAN

2006 INSC 823Appeal(s) allowed

The respondent, V. Lakshminarayanan, joined National Small Industries Corp. Ltd. as a casual labourer in 1987 and was later appointed as an apprentice trainee (shop assistant) on 26 April 1990 for a two‑year training period. He was removed from service on 1 May 1992. The Labour Court held he was a …

CHAIRMAN, U.P. JAL NIGAM AND ANR.versusJASWANT SINGH AND ANR.

2006 INSC 831Disposed off

The Supreme Court considered a batch of appeals filed by the Uttar Pradesh Jal Nigam against High Court orders that had allowed retired employees, who had retired at the statutory age of 58, to continue service up to 60 years and claim two years' salary. The Court noted that a prior decision …

COMMISSIONER OF CUSTOMS AND ORS.versusVASANT MAGALAN CHOKSHI AND ORS.

2006 INSC 795Dismissed

Customs authorities seized 78 gold bars in 1998, alleging clandestine import and issued show‑cause notices under Sections 111(d) and 112(a) of the Customs Act. The Commissioner initially ordered confiscation of all bars, but the Customs, Excise and Gold (Control) Appellate Tribunal set aside that …

OIL AND NATURAL GAS CORPORATION LTD.versusM/S. NIPPON STEEL CORPORATION LTD.

2006 INSC 798Appeal(s) allowed

The Supreme Court examined whether the filing of an arbitration award by M/s Little & Co., acting as the arbitrator's agent, constituted statutory notice to Oil & Natural Gas Corporation Ltd. (ONGC) under Section 14(2) of the Arbitration Act, 1940, and when the limitation period for setting aside …

DEPOT MANAGER, A.P.S.R.T.C.versusREGHUDA SIVA SANKAR PRASAD

2006 INSC 799Appeal(s) allowed

The respondent, a long‑serving employee of the Andhra Pradesh State Road Transport Corporation (APSRTC), was charged with four instances of theft in 1986 and admitted to the misconduct. A departmental enquiry found him guilty and the Labour Court (Industrial Tribunal) ordered his removal from …

RAMCHANDRA MAHADEV JAGPAT AND ORS.versusCHIEF EXECUTIVE OFFICER AND ORS.

2006 INSC 801IA disposed

The case concerned a slum‑rehabilitation scheme in Vile Parle where Mis Sigtia Construction Co. Ltd. (S) had been appointed developer by the co‑operative housing society. While S was awaiting a Letter of Intent (LOI) from the Slum Rehabilitation Authority (SRA), slum dwellers filed writ petitions …

NARMADA PD. YADAVversusSTATE OF M.P. AND ORS.

2006 INSC 786Appeal(s) allowed

The appellant, a Head Constable, was charged with illegally detaining a person and demanding a bribe of Rs.1,000 for the return of the person's belongings. The disciplinary authority dismissed him, but the appellate authority reduced the penalty to a two‑year demotion to Constable, a decision …

RANBAXY LABORATORIES LTD.versusMUNICIPAL COUNCIL, ROPAR

2006 INSC 785Disposed off

Ranbaxy Laboratories Ltd had been paying octroi duty on commercial heavy chemicals under Entry 40(a) of the Punjab Municipal Committee Act for 13 years. The Municipal Council of Ropar sought to re‑classify the same chemicals under Entry 40(e), which carries a higher rate, without any change in …

ALL INDIA ITDC WORKERS UNION AND ORS.versusITDC & ORS.

2006 INSC 752Disposed off

The petitioners, employees of ITDC's Hotel Agra Ashok, challenged the Government of India's decision to disinvest the hotel by selling it to a private party, alleging the sale price was too low, the transfer of their services without consent violated Articles 14, 21 and 311, and that the Voluntary …

FOOD CORPORATION OF INDIAversusM/S. A.M. AHMED & CO. AND ANR.

2006 INSC 753Case Partly allowed

The Food Corporation of India (FCI) awarded a contract to A.M. Ahmed & Co. for cargo‑handling services without an escalation clause. During the contract, the State Government raised statutory wages, and the contractor sought additional payment for the increased labour cost. An arbitrator was …

PARAMJEET SINGH PATHEJAversusICDS LTD.

2006 INSC 755Appeal(s) allowed

Paramjeet Singh Patheja, a guarantor, challenged an insolvency notice issued under Section 9(2) of the Presidency Towns Insolvency Act, 1909 on the basis of an arbitration award rendered under the Arbitration and Conciliation Act, 1996. The High Court had held that the award constituted a decree for …

R.K. AGRAWALversusSTATE OF RAJASTHAN AND ANR.

2006 INSC 756Disposed off

R.K. Agrawal filed a writ petition seeking pension for the period 26 July 1979 to 22 July 1982 and interest on delayed payment. The Rajasthan High Court granted the pension but denied interest, and did not rule on Agrawal's claim for a pro‑rata pension under Rule 158 of the Rajasthan Service Rules, …

STATE OF A.P.versusSMT. PRAMEELA MODI AND ORS

2006 INSC 746Dismissed

The dispute concerned a 3.27‑gunta parcel in Khairatabad village, originally granted to Smt. Prameela Modi by a supplementary Sethwar issued by the Nizam government in 1947 and subsequently confirmed by various revenue authorities. The State of Andhra Pradesh later claimed the land as Government …

MUNI SUVRAT-SWAMI JAIN S.M.P. SANGHversusARUN NATHURAM GAIKWAD AND ORS.

2006 INSC 689Case Allowed

The appellant, a public trust, had constructed a Jain temple on a plot that was originally part of a larger property with an easement for access. A tenant of the adjoining chawl (respondent No. I) complained that the temple was built without municipal permission and sought demolition. The Municipal …

STATE OF HARYANA AND ANR.versusABDUL GAFFAR KHAN AND ANR.

2006 INSC 694Dismissed

The State of Haryana advertised vacancies for Unani Dispenser posts, specifying qualifications that included a 'Unani Dispenser' or 'Up-Vaidya' from a recognized institution, along with matriculation and language requirements. Two candidates holding a Bachelor of Unani Medicine and Surgery (BUMS) …

UTTRARANCHAL FOREST RANGERS' ASSON.versusSTATE OF U.P. AND ORS.

2006 INSC 654Appeal(s) allowed

The appellants, directly recruited Forest Rangers in Uttar Pradesh (now Uttaranchal), challenged a High Court order that gave seniority to promotee Forest Rangers who had been elevated beyond the statutory promotion quota. The Court examined the U.P. Government Servants Seniority Rules, 1991, …

VEGETABLE VITAMIN FOODS EMPLOYEES UNIONversusSARV SHRAMIK SANGH AND ORS.

2006 INSC 655Disposed off

The Sarva Shramik Sangh and the Vegetable Vitamin Foods Employees Union filed applications for trade union recognition under the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act in 1988 and 2003 respectively. The High Court remanded the matters to the Industrial …

KR.GEORGEversusM/S. INDUSTRIAL ENGINEERING CORPORATION AND ORS.

2006 INSC 639Dismissed

A recovery suit was decreed against K.R. George, whose property was sold to the decree holder. The appellant entered a compromise with respondents No.9 and No.10, resulting in sale certificates in their favour, but later filed a review alleging fraud and a third‑party offer to remit the sale …

FAQUIR CHAND AND ANR.versusSUDESH KUMARI

2006 INSC 640Disposed off

The respondent filed a suit for specific performance of a sale agreement, claiming she was ready and willing to fulfil her part by paying the consideration. The appellant contended that the suit should fail because the pleadings did not expressly state readiness and willingness as required by …

VIDYA VARDHAKA SANGHA AND ANR.versusY.D. DESHPANDE AND ORS.

2006 INSC 641Appeal(s) allowed

The Supreme Court examined whether employees appointed on a temporary or contract basis for a specific academic year could claim a right to continue in service after the period expired. The respondents, appointed as temporary teachers with terms allowing termination at any time without notice, …

G.B. PANT UNIVERSITYversusGOVIND BALLABH PANDEY AND ORS.

2006 INSC 631Disposed off

One hundred seventy cafeteria employees of G.B. Pant University sought regularisation under the U.P. Industrial Disputes Act. The Labour Court ordered regularisation and payment of salary differences, which the High Court upheld. While 128 employees complied and received arrears, eight respondents …

ASHARAFI SINGHversusKAPILDEO RAI (DEAD) AND ORS

2006 INSC 632Dismissed

The appellant purchased a parcel of land in 1983, contending that because a 1978 notification placed the village under the Patna Regional Development Authority, the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 did not apply to the transaction. The High Court rejected …

SWAMY PRAKASANANDA AND ANR.versusSTATE OF KERALA AND ORS.

2006 INSC 629Directions issued

The Supreme Court dealt with a dispute concerning the election of a Trust Board for a Kerala trust. An authority appointed by the Court was tasked with validating the admission and removal of members, finalising the voter list, drawing up an election calendar and supervising the election. After the …

M/S. SHOBIKA ATIREversusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2006 INSC 621Appeal(s) allowed

The appellant, a textile showroom owner, insured its stock-in-trade against riots, strikes and terrorist damage. Following bomb blasts in Coimbatore, an armed mob looted and set fire to the showroom, allegedly destroying stock on the ground floor and in two basement levels. The insurer paid for the …

TEJ BAHADUR RAMversusSTATE OF U.P. AND ORS.

2006 INSC 585Dismissed

The appellant, an employee of the Uttar Pradesh State Electricity Board, filed a writ petition seeking an order to extend his retirement age so that he could remain in service until his superannuation date of 31 July 2007. He contended that Regulation 2(a) of the UP State Electricity Board …

BOARD OF TRUSTEES, VISHAKHAPATNAM PORT TRUST AND ORS.versusT.S.N. RAJU AND ANR.

2006 INSC 583Appeal(s) allowed

The Vishakhapatnam Port Trust (VPT) introduced a Voluntary Retirement Scheme (VRS) under a Ministry of Surface Transport directive, allowing employees with ten years of service or age 40+ to apply. The Trust’s Chairman limited consideration to employees below 58 years, rejecting applications of two …

COMMISSIONER OF CUSTOMS, NEW DELHIversusM/S PRODELIN INDIA (P) LTD.

2006 INSC 574Dismissed

M/s Prodelin India (P) Ltd., a joint‑venture Indian company 75% owned by a U.S. firm, assembled VSAT antennas using components supplied by the foreign partner and paid a monthly technical service fee for post‑import activities such as training and design assistance. The Deputy Commissioner of …

UNITED INDIA INSURANCE CO. LTD.versusJ.A. INFRASTRUCTURE PVT. LTD.

2006 INSC 569Disposed off

The insurer, United India Insurance Co. Ltd., invoked the arbitration clause in its policy with J.A. Infrastructure Pvt. Ltd. and, after two conflicting arbitral awards, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the High Court, which was dismissed for lack of …

JINDAL VIJAYANAGAR STEEL (JSW STEEL LTD.)versusJINDAL PRAXAIR OXYGEN COMPANY LTD.

2006 INSC 564Dismissed

The appellant, JSW Steel, was setting up a steel plant in Bellary, Karnataka and entered into a pipeline supply agreement with the respondent, Jindal Praxair, which contained an arbitration clause specifying Bombay as the seat of arbitration. A dispute arose and the respondent filed a petition under …

SEEMA GHOSHversusTATA IRON AND STEEL COMPANY

2006 INSC 559Dismissed

Seema Ghosh, the widow of Nani Gopal Ghosh, challenged an award of the Labour Court that granted back wages on the ground that her husband had been illegally superannuated. The workman had joined Tata Iron & Steel in 1947, his date of birth was initially recorded as 01‑11‑1923 based on a medical …

DIRECTOR GENERAL, DIRECTORATE GENERAL OF DOORDARSHAN AND ORS.versusANAND PATWARDHAN

2006 INSC 558Dismissed

The documentary "Father, Son and Holy War" produced by Anand Patwardhan, dealing with oppression of women, masculinity, and communal violence, was submitted to Doordarshan for telecast in 1995. Doordarshan refused, citing an internal circular that barred the telecast of any film certified "A" by the …

GENERAL MANAGER, VIJAYA BANK AND ANR.versusPRAMOD KUMAR GUPTA

2006 INSC 553Case Partly allowed

The appellant, General Manager of Vijaya Bank, terminated the employment of the respondent clerk on grounds of repeated unauthorised absences, issuing notices requiring him to report within 30 days. The respondent reported within the stipulated period after each notice, but the bank refused his …

LAL CHANDversusORIENTAL INSURANCE CO. LTD.

2006 INSC 537Appeal(s) allowed

The owner of a truck employed a driver, examined his licence and conducted a driving test, concluding the driver was competent. The truck met with an accident and the insurer paid compensation to the claimants. The insurer later sought recovery, arguing the driver’s licence was fake and that the …

HAMZA HAJIversusSTATE OF KERALA AND ANR.

2006 INSC 517Dismissed

Hamza Haji purchased 22.5 hectares of land in 1968, but by 1972 had disposed of almost the entire parcel. In 1979 he applied to the Kerala Forest Tribunal for exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act, claiming title and intent to cultivate the remaining 20 …

UNION BANK OF INDIA AND ORS.versusM.T. LATHEESH

2006 INSC 525Appeal(s) allowed

The Union Bank of India formulated a scheme for compassionate appointment of dependents of deceased employees, requiring proof of financial penury. M.T. Latheesh, a son of a deceased employee, applied for such appointment but was rejected by the bank's competent authority on the basis that his …

THE GOVERNMENT OF ANDHRA PRADESH AND ORS.versusM. KRISHNA VENI AND ORS.

2006 INSC 507Disposed off

The original owner of 119 acres filed a joint declaration under the Urban Land (Ceiling and Regulation) Act, 1976 for himself, his wife and three sons, while two daughters filed separate declarations claiming land allotted to them under a family "Pasupu Kumkuma" arrangement. The competent authority …

BALDEV SINGH AND ORS. ETC.versusMANOHAR SINGH AND ANR. ETC.

2006 INSC 489Appeal(s) allowed

The plaintiff filed a declaratory suit claiming ownership of certain land, alleging that sale deeds in his parents' names were benami transactions. The defendants denied the claim and later sought to amend their written statement to raise a limitation defence, assert that the parents had sufficient …

DIVISIONAL CONTROLLER, N.E.K.R.T.C.versusH.AMARESH

2006 INSC 437Appeal(s) allowed

The respondent, H. Amresh, a conductor with the Karnataka State Road Transport Corporation, was charged with several offences including consumption of alcohol while on duty and short‑remittance of cash. An internal inquiry found all charges proved and dismissed him. He raised an industrial dispute …

MANAGER (NOW REGIONAL DIRECTOR), R.B.I.versusGOPINATH SHARMA AND ANR.

2006 INSC 438Appeal(s) allowed

The case concerned Gopinath Sharma, a daily‑wage (Ticca Mazdoor) employee of the Reserve Bank of India, who worked only 58 days in 1975‑76 and was omitted from the 1976‑77 waiting list. After repeated representations, the dispute was referred to a Central Government Industrial Tribunal, which …

RAJASTHAN TOURISM DEVELOPMENT CORPORATION LTD. AND ANR.versusINTEJAM ALI ZAFRI

2006 INSC 429Appeal(s) allowed

The appellant, Rajasthan Tourism Development Corporation Ltd., terminated the services of the respondent, a casual house‑assistant, who claimed to have completed 240 days of continuous service. The Labour Court, relying on the respondent’s claim, awarded reinstatement and back wages under Section …

HUDAversusJAGMAL SINGH

2006 INSC 430Appeal(s) allowed

The appellant, a sweeper employer, dismissed the respondent, a daily‑wage sweeper, who after four and a half years filed a demand for reinstatement with back wages. The employer contended that the respondent had not completed the statutory 240 days of work in any year, a condition for a person to be …

GYANENDRA SAHAYversusM/S. TATA IRON AND STEEL CO. LTD.

2006 INSC 431Dismissed

The appellant, Gyanendra Sahay, submitted a handwritten application for premature voluntary retirement on 1 April 1995, which the employer accepted the same day and paid the retirement benefits. After 48 days he sought reinstatement, alleging that he had been forced to retire under undue and …

M/S. AMRIT VANASPATL CO.LTD.versusKHEM CHAND AND ANR.

2006 INSC 422Disposed off

The case involved a workman (Respondent No. I) who was dismissed for threatening senior officers and inciting a strike. The Labour Court found the domestic inquiry defective but allowed the employer to adduce fresh evidence, ultimately upholding the dismissal. The High Court, exercising writ …

M/S ASSOCIATED JOURNALSversusTHE MYSORE PAPER MILLS LTD.

2006 INSC 416Dismissed

Mis Associated Journals Ltd filed a winding‑up petition against Mysore Paper Mills Ltd, but the petition’s verification affidavit did not conform to Rule 21 of the Companies (Court) Rules, 1959. The Company Judge allowed the respondent to file a fresh affidavit to cure the defect, and the High Court …

R.S.R.T.C. AND ORS.versusRAMDHARA INDOLIYA

2006 INSC 417Appeal(s) allowed

The respondent, Ramdhara Indoliya, was employed as a daily‑wage conductor by the Rajasthan State Road Transport Corporation (RSRTC) and was terminated. He filed a suit in a civil court seeking reinstatement, back wages and other relief. The civil court and the High Court ruled in his favour, but …

BUNNILAL CHAUDHARYversusSTATE OF BIHAR

2006 INSC 397Disposed off

The case arose from a dispute over the balance payment for a she‑buffalo which led to a violent confrontation in which Bunnilal Chaudhary (A‑1) stabbed the victim Shambhu Raut on the left side of the chest, causing his death. The trial court convicted all ten accused of murder under Section 302 read …

K. MADALAIMUTHU AND ANR.versusSTATE OF TAMIL NADU AND ORS.

2006 INSC 388Disposed off

The appellants, directly recruited District Registrars in the Tamil Nadu Registration Service, challenged a seniority list that placed them below officers who had been temporarily appointed as District Registrars under Rule 10(a)(i)(1) of the Tamil Nadu State and Subordinate Services Rules, 1955, …

A.P. PUBLIC SERVICE COMMISSIONversusK. SUDHARSHAN REDDY AND ORS.

2006 INSC 389Appeal(s) allowed

The Supreme Court examined whether the 5% weightage marks granted to Telugu‑medium candidates in Andhra Pradesh recruitment could be used for determining their seniority. Earlier judgments had held the weightage unconstitutional but protected the appointments already made. The respondents argued …

UMED SINGHversusARYA SAMAJ SEWA SADAN

2006 INSC 390Dismissed

Umed Singh was a monthly tenant of a residential building that later became the property of Arya Samaj Sewa Sadan, a society, by will. The society filed an ejectment suit under s.13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging non‑payment of rent and a bona‑fide …

MUKESH ALIversusSTATE OF ASSAM AND ANR.

2006 INSC 394Appeal(s) allowed

The appellant, an Assistant Conservator of Forest in Assam, was suspended in 1994, reinstated, and later faced disciplinary charges in 1997. An enquiry report in 2000 found him not guilty and the proceedings were dropped. The Supreme Court had earlier issued prospective directions on 15 Jan 1998 and …

LAXMI SHARMA AND ORS.versusV.C. CHHATRAPATI SAHUJI MAHARAJ UNIVERSITY AND ORS.

2006 INSC 377

The Himalaya Ayurvedic Mahavidyalaya admitted students to its BAMS programme without any university affiliation. After the admissions, the State Government and the Central Council of Indian Medicine inspected the college three times (1995, 1997, 1999) and each time recommended permanent affiliation. …

STATE OF U.P. AND ORS.versusRAJ KISHORE YADAV AND ANR.

2006 INSC 376Appeal(s) allowed

The Supreme Court heard Civil Appeal No. 1442 of 2005 filed by the State of U.P. against the High Court's order that set aside the dismissal of Raj Kishore Yadav, a government employee, and reinstated him with full benefits. The employee had been charged with five serious offences, four of which …

GOVERNMENT OF A.P. AND ANR.versusY. SURENDER REDDY

2006 INSC 365Disposed off

Y. Surender Reddy, an APSRTC employee, sought appointment as Assistant Motor Vehicle Inspector through an application under Section 19 of the Administrative Tribunal Act, 1985. The Tribunal dismissed the application, deeming him a corporation employee, and the High Court later directed the Surplus …

M/S. KLASSIC CONSTRUCTION (PVT.) LTD.versusM/S. ARMY WELFARE HOUSING ORGANISATION

2006 INSC 363Disposed off

The appellant Klassic Construction entered into a construction contract with the Army Welfare Housing Organisation that contained an arbitration clause requiring disputes to be referred to a sole arbitrator appointed by the Chairman. After an earlier arbitrator could not complete the proceedings, …

ARVINDER SINGH BAINSversusSTATE OF PUNJAB AND ORS.

2006 INSC 358Appeal(s) allowed

The appellant, a direct recruit to the Punjab Civil Services (Executive Branch), challenged the seniority list that placed him junior to promotee officers appointed earlier, arguing that seniority should be fixed by applying the roster prescribed in Rule 18 read together with Rule 21 of the 1976 …

RADHESHYAM AJITSARLA AND ANR.versusBENGAL CHATKAL MAZDOOR UNION AND ORS.

2006 INSC 359Disposed off

The Baranagore Jute Factory was ordered to be wound up in 1987 but a scheme of arrangement was later approved, allowing the mill to operate as a going concern under a committee of management. The scheme earmarked a fund with the High Court registrar for payment to pre‑scheme unsecured creditors, …

HARSH VARDHAN BANSALversusCHANDIGARH HOUSING BOARD AND ANR.

2006 INSC 360Disposed off

Harsh Vardhan Bansal applied for an industrial flat under the Chandigarh Housing Board scheme, which requires that the applicant and his family not own any residential property. A complaint alleged that Bansal already owned a flat in NOIDA under the Air Force Naval Housing Board scheme, leading the …

GURUBACHAN SINGH AND ANR.versusRAM NIWAS

2006 INSC 361Disposed off

The landlord, Ram Niwas, filed an eviction suit against tenants Gurubachan Singh and another, alleging default in rent and unauthorized sub‑letting of a shop to the Rajasthan Tourism Development Corporation (RTDC) at Rs 2100 per month for four months. The tenants contended that they had deposited …

K.H. SIRAJversusHIGH COURT OF KERALA AND ANR.

2006 INSC 352Dismissed

The Kerala High Court invited applications for 70 Munsif‑Magistrate posts and conducted written and oral examinations, prescribing minimum cut‑off marks of 35% (written) and 30% (oral). Several candidates, including K.H. Siraj, failed to meet the oral cut‑off and challenged the select list, alleging …

CHAIRMAN S.E.B.I.versusSHRIRAM MUTUAL FUND AND ANR.

2006 INSC 353Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) appealed against Shriram Mutual Fund and another respondent for repeatedly exceeding the 5% limit on transactions through associate brokers, violating Regulation 25(7)(a) of the SEBI (Mutual Funds) Regulations, 1996, and failing to comply with the …

PRINCIPAL, AYURVEDIC COLLEGE AND ORS.versusSUSHIL CHANDRA MISRA AND ANR.

2006 INSC 354Disposed off

The respondent, S.C. Misra, was appointed lecturer in science at an Ayurvedic college. When the science section was closed in 1971‑72 his post was abolished and his services were terminated on 6 June 1972. After the college was taken over by the Government, he failed to submit the required option to …

THE STATE OF PUNJABversusHARCHAL SINGH (DEAD) THROUGH LRS.

2006 INSC 355Dismissed

The State of Punjab acquired "Chahi" land in Kambali village for the expansion of an industrial focal point under a Section 4 notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 85,000 per acre, which the District Judge upheld, but the High Court raised …

MOHANPRASAD TRIPATHIversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 356Appeal(s) allowed

The petitioner, a social worker, filed a public interest writ petition seeking an inquiry into alleged political support for the Chief Minister in a trust motion. The High Court conditioned admission of the petition on a Rs.1 lakh deposit to demonstrate bonafide, which the petitioner paid. After the …

DIRECTOR (MKT.) INDIAN OIL CORP. LTD. AND ANR.versusSANTOSH KUMAR

2006 INSC 357Disposed off

Santosh Kumar, an Assistant Manager (Operations) at Indian Oil Corporation's Hissar Depot, was charge‑sheeted for irregular diesel supply and found guilty of six out of eight charges. The disciplinary authority dismissed him, and the appellate authority affirmed the dismissal without recording any …

Y.P. SARABHAIversusUNION BANK OF INDIA AND ANR.

2006 INSC 350Dismissed

Y.P. Sarabhai, a Manager (Security) of Union Bank of India, remained absent from duty from June to November 1997 without sanctioned leave, allegedly to evade a transfer to Chennai. The disciplinary authority, after a detailed enquiry, found him guilty of contravening Regulation 13 of the Bank's …

NATIONAL BOARD OF EXAMINATIONSversusG. ANAND RAMAMURTHY AND ORS.

2006 INSC 347Disposed off

The National Board of Examinations (NBE) appealed against a Delhi High Court order that directed it to conduct the DNB entrance examination in June 2006 for two candidates who had not satisfied the eligibility requirements under Rule 7(12) of its Bulletin of Information. The Supreme Court held that …

NARENDER MALAVversusSTATE OF GUJARAT AND ORS.

2006 INSC 348Disposed off

Narender Mala sent a letter to the Supreme Court highlighting poor working conditions of salt workers in Kachchh, Gujarat, which the Court treated as a writ petition under Article 32. The Court issued multiple directions to the Gujarat State and other agencies to investigate and improve the …

ASSISTANT ENGINEER, RAJASTHANversusRAM CHARAN

2006 INSC 349Appeal(s) allowed

The employer (Assistant Engineer, Rajasthan) terminated pump driver Ram Charan. The Labour Court held that the termination violated Section 25F of the Industrial Disputes Act, 1947 and ordered reinstatement with 25% back wages. The employer challenged the award in the High Court; the Single Judge …

PANAKANTI SAMPATH RAOversusSTATE OF A.P.

2006 INSC 346Dismissed

The appellant, a medical representative, was married to Panakanti Kavitha who was found dead in their rented house within three months of marriage. The prosecution alleged that the appellant had repeatedly harassed her for dowry, leading to her death by asphyxia due to throttling, and charged him …

G.M. TANKversusSTATE OF GUJARAT AND ANR.

2006 INSC 313Appeal(s) allowed

G.M. Tank, a Gujarat government servant, filed annual property returns that the department deemed disproportionate to his known income. The Anti‑Corruption Bureau investigated, filed a charge sheet alleging illegal accumulation of wealth, and a departmental enquiry found him guilty, resulting in his …

ASHOK LAXMAN GAIKWADversusST ATE OF MAHARASHTRA

2006 INSC 233Dismissed

The appellant, Ashok Laxman Gaikwad, was convicted of murder under Section 302 of the Indian Penal Code for allegedly setting fire to his lover by pouring kerosene on her and igniting it with a match. The prosecution's case relied heavily on the deceased's dying declaration recorded by a magistrate …

INDIAN BANKversusABS MARINE PRODUCTS PVT. LTD.

2006 INSC 232Dismissed

Indian Bank filed an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 to recover a loan amount. While the application was pending, the borrower, ABS Marine Products, sued the bank in the Calcutta High Court for damages …

U.P.S.R.T.C. LTD.versusSARADA PRASAD MISRA AND ANR.

2006 INSC 226Disposed off

Sarada Prasad Misra was appointed as a conductor on a temporary, ad‑hoc basis by U.P. State Road Transport Corporation and was terminated in September 1975 with one month’s salary in lieu of notice. After a delay of about seven years he filed an application under Section 2‑A of the U.P. Industrial …

HINDUSTAN POLES CORPORATIONversusCOMMISSIONER OF CENTRAL EXCISE, CALCUTTA

2006 INSC 181Appeal(s) allowed

Hindustan Poles Corporation imported duty‑paid electric‑resistant steel pipes and welded three pipes of different diameters together to form stepped transmission poles. The Central Excise authorities issued show‑cause notices asserting that this welding created a new product liable to excise under …

STATE OF HARYANA AND ORS.versusBIKAR SINGH

2006 INSC 165

Bikar Singh, a conductor with Haryana Roadways, was dismissed for allegedly embezzling fare money. He appealed the dismissal to the Additional Transport Commissioner, which was rejected, and then filed a civil suit seeking a declaration that he remained in service and that the dismissal orders were …

COMMR. OF CENTRAL EXCISE, NEW DELHIversusLIFELONG APPLIANCES LTD.

2006 INSC 148

The Central Excise Tribunal held that Lifelong Appliances Ltd. had complied with the requirement of not availing MODVAT credit on inputs used in the manufacture of goods that are exempt from excise duty. Accordingly, the Tribunal found the case to be covered by Rule 57-CC of the Central Excise …

S.D. SINGHversusJHARKHAND HIGH COURT, THROUGH R.G. AND ORS.

2005 INSC 597Dismissed

The petitioner, an Additional District Judge, was ordered by the Jharkhand High Court to retire at age 58, denying him the benefit of the extended retirement age to 60 years mandated by Supreme Court directions. He challenged the order under Article 32, arguing that the High Court had not complied …

M/S. SANJEEV WOOLEN MILLSversusCOMMISSIONER OF INCOME TAX, MUMBAI

2005 INSC 588Dismissed

Mis. Sanjeev Woolen Mills, a manufacturer and exporter of woolen blankets, valued its closing stock of finished goods at market price (converted from US dollars) rather than at cost or the lower of cost/market. Due to a sharp rupee devaluation in AY 1992‑93, this method produced an inflated gross …

C. ALBERT MORRISversusK. CHANDRASEKARAN AND ORS.

2005 INSC 530Dismissed

C. Albert Morris leased a vacant plot in Pondicherry to operate a petrol bunk. The lease expired in 1996 and the landlord, K. Chandrasekaran, served a notice to vacate, filed an eviction suit (later dismissed for default), and sought cancellation of the No‑Objection Certificate (NOC) and non‑renewal …

V. HUCHESWARANversusMADRAS HARDWARE MART

2005 INSC 505Dismissed

In a partition suit, a final decree directed the 2nd defendant, V. Hutcheswaran, to sell his one‑fifth share of a house to the other co‑owners. While the other parties sold their shares, the 2nd defendant did not. An execution petition filed twelve years after the decree was dismissed as …

RUMA CHAKRABORTYversusSUDHA RANI BANERJEE AND ANR.

2005 INSC 475Dismissed

The landlady filed an eviction suit against the tenant for sub‑letting without consent; the tenant had left the premises and his divorced wife, Ruma Chakraborty, remained only as custodian of their minor children. Chakraborty sought to be impleaded as a party defendant under Order I Rule 10(2) CPC, …

GAYA PRASAD KARversusSUBRATA KUMAR BANERJEE

2005 INSC 470Appeal(s) allowed

The landlord claimed the tenant defaulted on rent from March 1994 and filed an eviction suit under the West Bengal Premises Tenancy Act, 1956. The tenant had tendered the March rent twice in April 1994, but the landlord refused to accept it, prompting the tenant to deposit the rent with the Rent …

M/S. GEORGE WILLIAMSON (ASSAM) LTD.versusCOMMISSIONER OF INCOME TAX, GAUHATI

2005 INSC 430Appeal(s) allowed

Mis. George Williamson (Assam) Ltd. acquired the Indian undertakings of twelve UK‑registered tea companies under a scheme of arrangement approved by the High Courts and the RBI, which required that the net assets of the acquired business not be depleted. The consideration paid (Rs 490 lakhs) was …

P.V. MAHADEVANversusM.D. TAMIL NADU HOUSING BOARD

2005 INSC 346Appeal(s) allowed

P.V. Mahadevan, a Superintending Engineer of the Tamil Nadu Housing Board, was served with a charge memo in 2000 for alleged irregularities in issuing a sale deed in 1990. The disciplinary proceedings were initiated after a delay of more than ten years, with the Board offering no satisfactory …

UNION OF INDIA AND ORS.versusKAMLA DEVI

2005 INSC 307Appeal(s) allowed

The appellant Union of India challenged a Central Administrative Tribunal order that granted pension benefits to a deceased canteen employee who retired before the cut‑off date of 1 October 1991. The employee’s husband had retired on medical grounds on 12 July 1990 and died on 28 March 1991. Earlier …

EMPLOYEES STATE INSURANCE CORPORATIONversusGNANAMBIGAI MILLS LTD.

2005 INSC 300Appeal(s) allowed

Employees of Gnanambigai Mills Ltd demanded a wage increase, and the dispute was referred to a Special Tribunal. The Tamil Nadu Government, invoking Section 10‑B of the Industrial Disputes Act, issued orders on 15 July 1985 and 29 July 1985 directing the employer to make interim payments to the …

M.C.D.versusSTATE OF DELHI AND ANR.

2005 INSC 239Appeal(s) allowed

The Municipal Corporation of Delhi (MCD) appealed against a Delhi High Court order that granted probation under Section 4 of the Probation of Offenders Act, 1958 to builder Gurcharan Singh, who had been convicted under Sections 332 and 461 of the Delhi Municipal Corporation Act, 1957. The High Court …

COMMISSIONER OF CENTRAL EXCISE, NEW DELHIversusM/S. HERO HONDA MOTORS

2005 INSC 201Disposed off

The Commissioner of Central Excise appealed against the order of the Customs, Excise & Gold (Control) Appellate Tribunal which had held that the advances received by Hero Honda Motors and the interest earned thereon did not affect the assessable value of its motorcycles. The Tribunal had found that …

M/S. DABUR (INDIA) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, JAMSHEDPUR

2005 INSC 178Case Partly allowed

The Supreme Court considered two products of Dabur Ltd., ‘Janam Ghunti’ and ‘Lal Tail’, for classification under the Central Excise Tariff Act, 1985. The Tribunal had remitted the classification of ‘Janam Ghunti’ to the original authority, noting that its nature as an aqueous distillate, solution or …

J.A. NAIKSATAMversusPROTHONOTARY & SENIOR MASTER, HIGH COURT OF BOMBAY AND ORS.

2004 INSC 588Dismissed

Two senior translators of the Bombay High Court were accused of demanding bribes after a complaint by an advocate. An enquiry officer found them not guilty, but the disciplinary authority disagreed, issued a tentative decision, sought their explanations, and ultimately dismissed them. The appellants …

ANURAG PATELversusU.P. PUBLIC SERVICE COMMISSION AND ORS.

2004 INSC 564Dismissed

In 1990 the Uttar Pradesh Public Service Commission conducted a combined State Services/Upper Subordinate Services examination for 358 posts, of which 57 were reserved for Backward Classes. The Commission allocated reserved‑category candidates to posts without giving due consideration to their …

SURENDRA PAL SHIVBALAKPALversusSTATE OF GUJARAT

2004 INSC 526Disposed off

Surendra Pal Shivbalakpal, a migrant labourer, was accused of kidnapping, raping and murdering a minor girl named Savitri (Sanju). The prosecution relied on eyewitness testimony that the accused was seen carrying a child at night, forensic analysis showing blood and semen stains on his clothing, and …

STATE OF KARNATAKAversusBHASKAR KUSHALI KOTHARKAR AND ORS.

2004 INSC 458Appeal(s) allowed

The State of Karnataka appealed against the Karnataka High Court's acquittal of four accused who had been convicted by a Sessions Court for murder and related offences under Sections 304 Part II, 149, 324, 148 and 143 of the IPC. The High Court set aside the conviction on the sole ground that the …

DHAIN SINGH AND ANR.versusSTATE OF PUNJAB

2004 INSC 435Disposed off

The Supreme Court examined an appeal by Dhian Singh and his paternal uncle against convictions for dowry death and concealment of evidence. The first appellant was found guilty under Sections 304‑B and 201 of the IPC for causing the death of his wife, Shinder Kaur, by burning her after demanding …

KARNAM RAM NARSAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

2004 INSC 424Dismissed

Seventeen persons were tried for offences including murder; five were convicted, and the High Court upheld the murder convictions of A1‑A4 under Section 302 read with Section 34. The appellants argued that the charge sheet did not specifically allege an offence under Section 34 and that the evidence …

NAVAL KISHORE SINGHversusSTATE OF BIHAR

2004 INSC 420Dismissed

On 17 November 1974, Baijnath Singh was killed after the appellant thrust a spear into his abdomen during an altercation. The Sessions Court convicted the appellant and a co‑accused under Sections 302 and 34 of the IPC for murder; the High Court later acquitted the co‑accused and reduced the …

R.L. JAIN (D) BY LRS.versusDDA AND ORS.

2004 INSC 166Dismissed

The case concerned a plot of land that the original owner, R.L. Jain, bought at a public auction on the basis that it lay outside a 1959 preliminary acquisition notification. The government later took possession of the plot in 1961 and awarded compensation, which Jain accepted under protest. He …

MOHAN LAL AGGARWALversusATINDER MOHAN KHOSLA

2004 INSC 168Appeal(s) allowed

The landlord filed an eviction suit against the tenant, which was upheld by the Rent Controller and affirmed by the appellate authority. The landlord then sought revision under Section 15(5) of the East Punjab Rent Restriction Act, 1949, but a single High Court judge dismissed the revision. The …

MADHAV M. BHOKARIKARversusGANESH M. BHOKARIKAR (DEAD) THROUGH LRS.

2004 INSC 163Dismissed

Madhav Mareshwar Bhokarikar, a practising advocate, obtained a dealership for petroleum products and later entered into a partnership with his brother, remaining a sleeping partner. The State Bar Council, after finding him guilty of professional misconduct under s.35(3)(c) of the Advocates Act, …

PIEDADE FILOMENA GONSALVESversusSTATE OF GOA AND ORS.

2004 INSC 165Dismissed

The appellant, Pied Ade Filomena Gonsalves, replaced a thatched-roof beach structure with a pucca building on her property in Colva, Goa, between 13-17 July 1994. Two writ petitions were filed: a neighbor’s petition (CWP 76/1995) seeking demolition of the new building, and the appellant’s petition …

COLLECTOR OF CENTRAL EXCISE, AHMEDABADversusORIENT FABRICS PVT. LTD.

2003 INSC 669Dismissed

The Collector of Central Excise assessed additional duty on Orient Fabrics for alleged mis‑disclosure and undervaluation of fabric, also ordered confiscation of 35 bales and imposed a penalty. The Central Excise and Gold (Control) Appellate Tribunal allowed the appeals, holding that the Central …

UNION OF INDIA AND ANR.versusM/S. SOHAN LAL PUGLIA

2003 INSC 648Appeal(s) allowed

The Union of India entered into a contract for the supply and construction of a stone ballast machine, which contained an arbitration clause requiring the appointment of Gazetted officers as arbitrators for disputes exceeding Rs.5 lakh. When the Department failed to appoint an arbitrator, the …

SUDHAKAR VITHAL KUMBHAREversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 640Case Partly allowed

Sudhakar Vithal Kumbhare, a resident of Madhya Pradesh belonging to the Halba tribe, was promoted to Assistant Engineer in the Maharashtra State Electricity Board under a reserved post. The Board later reverted him to Junior Engineer, arguing that he was not entitled to reservation benefits in …

NEW INDIA ASSURANCE CO. LTD.versusA.K. SAXENA

2003 INSC 619Appeal(s) allowed

Advocate A.K. Saxena, who was on the panel of New India Assurance Co., was asked to return client files pending payment of his fees. He applied to the Allahabad High Court for discharge as counsel and for an order directing the company to pay his full fees before returning the papers. The High Court …

L. CHANDRAIAHversusSTATE OF A.P. AND ANR.

2003 INSC 612Appeal(s) allowed

The case involved fraudulent withdrawals from recurring deposit accounts of Singareni Collieries workers at a Sub‑Post Office. A postal assistant (A‑3) fabricated vouchers with forged signatures and thumb impressions, and the Sub‑Post Masters (A‑1 and A‑2) signed the vouchers without verifying their …

MALLIKARJUNversusGULBARGA UNIVERSITY

2003 INSC 604Appeal(s) allowed

The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer …

UNION OF INDIAversusJUSTICE (RETD.) S. N. SAXENA AND ORS.

2003 INSC 112Dismissed

Retired judges of the High Court, including Justice S.N. Saxena, sought payment of the balance of their leave‑encashment amount or permission to deposit it in the Treasury after retirement. The Union of India refused, relying on the "one‑time settlement" concept in Rule 208 of the All India Services …

IMDAD ALIversusKESHAV CHAND AND ORS.

2003 INSC 105Appeal(s) allowed

The landlord of a shop in Neemuch sued the heirs of the original tenant for eviction after they defaulted on rent. The original tenant, Badri Lal, had previously avoided eviction by invoking the proviso to sub‑section (3) of section 12 of the Madhya Pradesh Accommodation Control Act, 1961, and …