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ARIJIT PASAYAT

1966 judgments · newest first · showing 801–1000

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

2008 INSC 468Case Allowed

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

NARAIN SINGH AND ORS.versusSTATE OF HARYANA

2008 INSC 471Disposed off

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

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

2008 INSC 472Dismissed

The appellant mortgagee had taken a usufructuary mortgage on a property in 1948, allowing the mortgagor to remain in possession as a tenant. When the mortgagor defaulted on rent, the mortgagee obtained a money decree for arrears of rent and, in execution, purchased the property at a public auction …

SMT. KEYA MUKHERJEEversusMAGMA LEASING LIMITED & ANR.

2008 INSC 465Dismissed

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

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

2008 INSC 464Case Allowed

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

ARUN KUMARversusSTATE OF KARNATAKA AND ANR.

2008 INSC 458Case Allowed

The appellant, Arun Kumar, owned two parcels of land (Survey No.179 and Survey No.106) that were previously tenanted by respondent No.2, who executed a deed of surrender in 1955. All documentary evidence, including the surrender deed, statements before the Tehsildar, possession certificate, and …

SOHAN RAJ SHARMAversusSTATE OF HARYANA

2008 INSC 459Case Allowed

The deceased wife, Jyoti, left a letter accusing her husband, Sohan Raj Sharma, of sexual perversion and cruelty, and subsequently poisoned her two children and herself. The FIR alleged that the husband had compelled her to commit suicide, leading to his conviction under Section 306 of the Indian …

SURESH @ HAKLAversusSTATE OF HARYANA

2008 INSC 460Disposed off

The case involves the murder of Mahender Sarpanch on 15 July 1996, for which several accused, including Shamsher Singh, Balwant, Ladh Ram and Suresh (alias Hakla), were charged. The trial court convicted all accused under sections 302, 307 r/w 149 and 148 of the IPC, a decision upheld by the High …

MINISTRY OF TEXTILEversusMURARI LAL GUPTA & ANR.

2008 INSC 462Case Partly allowed

Murari Lal Gupta, appointed as a chowkidar in 1982, sought regularisation but was denied on age grounds and later stopped working. He filed claims for salary differences and overtime, and after failed conciliation, a writ petition led to a reference to the Industrial Tribunal, which awarded …

SHRI RAMESHWAR PRASAD (D) BY LRS,versusSHRI BASANTI LAL

2008 INSC 463Disposed off

Rameshwar Prasad filed a suit for specific performance of a sale agreement, which the trial court granted. The respondent Basanti Lal appealed, and the Madhya Pradesh High Court set aside the decree, holding that the plaintiff had not pleaded or proved his readiness to pay interest, a term of the …

MANAGEMENT, ESSORPE MILLS LTD.versusPRESIDING OFFICER, LABOUR COURT AND ORS.

2008 INSC 453Appeal(s) allowed

The Tamil Nadu Panchalai Workers' Union served a strike notice on 14 March 1991 stating that a strike would commence on or after 24 March 1991, giving only ten days' notice. The Supreme Court held that the notice did not satisfy the six‑week advance notice required under Section 22(1) of the …

LILAWATI AGARWAL (DEAD) BY LRS AND ORSversusSTATE OF JHARKHAND

2008 INSC 454Matter referred to larger bench

The Supreme Court heard a civil appeal concerning whether claimants were entitled to the enhanced solatium under Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894, in view of Section 30 of the Land Acquisition (Amendment) Act, 1984. The land was acquired after notifications in 1965 …

SEENIVASANversusPETER JEBARAJ & ANR.

2008 INSC 457Dismissed

The appellant filed a suit for specific performance of a sale and later sought to implead a third party, SA, who had already purchased the suit property. SA subsequently sold the property to the respondents, and an ex‑parte decree was passed against the appellant before SA was served with summons. …

DAYA NANDversusSTATE OF HARYANA

2008 INSC 448Case Partly allowed

The appellant Daya Nand was convicted by the trial court and the High Court for murder under Section 302 IPC and Section 27 of the Arms Act for firing a shotgun that killed Chhajju Ram during an irrigation dispute. The Supreme Court examined whether the facts satisfied the statutory definition of …

KUNVARJEET SINGH KHANDPURversusKIRANDEEP KAUR & ORS.

2008 INSC 449Dismissed

The testator executed a will on 9 September 1991 and died on 5 October 1995. A probate petition filed by a respondent was withdrawn on 9 August 1999, after which respondents 1‑3 filed a petition for letters of administration on 7 August 2002. The appellant argued that the petition was barred by the …

NATIONAL INSURANCE CO. LTD.versusGENERAL INSURANCE DEV. OFFICERS ASSON. & ORS.

2008 INSC 452Disposed off

The Supreme Court examined the legality of the General Insurance (Rationalisation of Pay Scales and Other Conditions of Service of Development Staff) Amendment Scheme, 2003, which altered cost‑ratio calculations, incentive structures, transfer policies and career prospects for Development Officers. …

M/S. MAHAKAL AUTOMOBILES & ANR.versusKISHAN SWAROOP SHARMA

2008 INSC 443Disposed off

The plaintiff sold a 7200 sq.ft. land to the appellants who paid only part of the consideration, leading to a suit for recovery of the balance. The trial court issued a preliminary decree under Order XII Rule 6 CPC ordering payment and allowing execution by sale of the charged property. During …

SWARN K. JAINversusRAVI MAHAJAN AND ORS.

2008 INSC 444Dismissed

Swarn K. Jain filed a suit for possession of his land alleging that the defendants had encroached upon it and erected a boundary wall. The defendants contended that the plaintiff was estopped from suing because he had received the full sale consideration and deliberately omitted when the cause of …

WOODBURN PARK CO-OP. HOUSING SOCIETY LTD.versusCHANDA DEVI TANTIA AND ORS.

2008 INSC 445Disposed off

The Woodburn Park Co‑op. Housing Society owned two plots and sought to construct multistoried buildings for its members. A dispute arose between members and the Managing Committee, leading the Calcutta High Court to direct the Registrar of Cooperative Societies to divide the Society’s assets and …

UNION OF INDIA & ANR.versusV.N. SAXENA

2008 INSC 437Case Partly allowed

V.N. Saxena, an army officer, was terminated from service by the Chief of Army Staff on 13 November 1990. He challenged the termination through a writ petition under Article 226. The Uttarakhand High Court set aside the termination, relying on the Supreme Court’s decision in Major Radha Krishnan, …

GODFREY PHILLIPS INDIA LTD.versusAJAY KUMAR

2008 INSC 438Appeal(s) allowed

In 1999 Godfrey Phillips India Ltd. ran a newspaper and magazine advertisement for its "Red & White" cigarettes featuring actor Akshay Kumar and the slogan "Red & White smokers are one of a kind". Ajay Kumar filed a consumer complaint alleging that the ad constituted an unfair trade practice by …

STATE OF ARUNACHAL PRADESHversusNEZONE LAW HOUSE, ASSAM

2008 INSC 439Appeal(s) allowed

The respondent, a law‑books seller, filed a writ petition alleging that the Government of Arunachal Pradesh, through an oral assurance by the then Law Minister, had promised to purchase 500 sets of North Eastern Region Local Acts and Rules. The High Court allowed the petition, holding that the …

HUCHAPPA @ HUCHARAYAPPA AND ORS.versusSTATE OF KARNATAKA

2008 INSC 441Transferred to High Court

Fourteen persons were alleged to have formed an unlawful assembly and assaulted a victim with deadly weapons, causing grievous injuries that led to his death. The trial court acquitted eleven accused and convicted three under Section 326 of the Indian Penal Code. The High Court upheld the …

COLLECTOR & DIST. MAGISTRATE AND ORS.versusS. SULTAN

2008 INSC 428Appeal(s) allowed

The Supreme Court examined the validity of a preventive detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986 against several individuals described as "goondas". The High Court had quashed the order on the grounds that the cited incidents were stale, did not …

B.S.N.L. LTD. & ANR.versusBHUPENDER MINHAS & ORS.

2008 INSC 431Disposed off

The dispute concerned a disqualification clause in BSNL’s Notice Inviting Tender (NIT) that barred any contractor whose near‑relative was employed in any BSNL unit from submitting a bid. The petitioners argued that the restriction was arbitrary, especially when the relative held a low‑grade post …

DIRECTOR, HORTICULTURE PUNJAB & ORS.versusJAGJIVAN PARSHAD

2008 INSC 422Appeal(s) allowed

The respondent, Jagjivan Parshad, a gardener, was terminated from service in 1997. The Labour Court, under Section 10(1)(c) of the Industrial Disputes Act, 1947, held the termination illegal and ordered reinstatement with 50% back wages, finding that he had worked more than 240 days. A writ petition …

UNION OF INDIA AND ORS.versusKASHISWAR JANA

2008 INSC 433Appeal(s) allowed

The respondent, claiming to be a freedom fighter, applied for a freedom fighter's pension on 28 July 1981, which was rejected by the Central Government in 1993. He filed a writ petition before the Calcutta High Court, which was allowed on 4 August 1993, directing the government to release the …

STATE OF HIMACHAL PRADESH AND ANR.versusRAVINDER SINGH

2008 INSC 419Case Partly allowed

The respondent, a daily‑wage worker in the Himachal Pradesh Horticulture Department, sought regularisation as a clerk after ten years of service. The State offered him regularisation as a "Chowkidar," which he refused, leading to termination of his daily‑wage engagement and an industrial dispute. …

T.N. GODAVARMAN THIRUMULPAD .versusUNION OF INDIA & ORS.

2008 INSC 416IA disposed

The Supreme Court examined the methodology for compensating diversion of forest land for non‑forest developmental projects under the Environment Protection Act, 1986. It accepted the recommendations of the Central Empowered Committee (CEC) that the user agency must pay a Net Present Value (NPV) …

SURESH KUMARversusTHE STATE OF HIMACHAL PRADESH

2008 INSC 412Case Partly allowed

During a marriage party, the appellant Suresh Kumar took a knife from his trouser pocket and stabbed Sanjeev Kumar, the son of PW‑1, causing his death. The trial court convicted the appellant under Section 302 of the Indian Penal Code (IPC) for murder, relying on the testimony of PW‑3 and PW‑4, …

GOLLA YELUGU GOVINDUversusSTATE OF ANDHRA PRADESH

2008 INSC 406Case Partly allowed

The appellant, Golla Yelugu Govindu, was convicted of murder for hacking his wife with a sickle during a heated quarrel, based largely on the testimony of his two minor children. He appealed, challenging the admissibility of the child witnesses and arguing that the incident fell under Exception 4 of …

KANAGAVALLIAMMAL AND ORSversusR. BALASUBRAMANIAN

2008 INSC 407Case Allowed

A decree dated 22 April 1983 led to a series of execution petitions. The earlier petitions (EP No.19 of 1984, EP No.101 of 1984, EP No.369 of 1986) were dismissed, and an application to restore EP No.369 (EA No.238 of 1994) was also dismissed as not pressed. A fresh execution petition (EP No.177 of …

THE GOVERNMENT OF GOAversusM/S. A.H. JAFFAR AND SONS AND ANR.

2008 INSC 408Case Partly allowed

The Government of Goa appealed against a Bombay High Court order that directed the respondents, M/s A.H. Jaffar and Sons, to dispose of the Government's application for a mining lease within six weeks and imposed exemplary costs. The respondents had earlier filed a writ petition in 1993 seeking the …

BHARATH METHAversusSTATE BY INSPECTOR OF POLICE CHENNAI

2008 INSC 403Case Allowed

The appellant, a financier under a hire‑purchase agreement, sought the release of a lorry seized under the Tamil Nadu Prohibition Act. The vehicle had been released earlier in favour of the hirer (respondent No.2) on certain conditions, which the hirer failed to fulfil. The appellant argued that the …

RAM SWAROOPversusSTATE OF RAJASTHAN

2008 INSC 404Dismissed

Ram Swaroop was convicted for murdering Sumer Singh after eyewitnesses (PW3 and PW4) testified that he stabbed the victim, leading to death. The defence argued that the medical post‑mortem report conflicted with the eyewitness accounts and should overturn the conviction. The Supreme Court held that …

STATE OF U.P. AND ANR.versusPRAMOD KUMAR SHUKLA AND ANR.

2008 INSC 405Appeal(s) allowed

The State of Uttar Pradesh challenged the grant of a permanent cinema licence and a government grant-in-aid to Pramod Kumar Shukla, who had applied as the owner of a cinema hall while actually being a power‑of‑attorney for the deceased original owner. The District Magistrate cancelled the …

UNION OF INDIA AND ORS.versusLAISHRAM LINCOLA SINGH @ NICOLAI

2008 INSC 389Case Partly allowed

The respondent was detained under Section 3(3) of the National Security Act, 1980 for a period of twelve months. He filed a writ of habeas corpus alleging an unexplained delay in the disposal of his representation made on 12 October 2005. The Guwahati High Court accepted the claim of delay and …

STATE OF MAHARASHTRAversusMADHUKAR WAMANRAO SMARTH

2008 INSC 391Appeal(s) allowed

The State of Maharashtra convicted several respondents, including Madhukar Wamanrao Smarth, for cheating, forgery, abetment, criminal breach of trust and conspiracy, imposing consecutive sentences totalling twelve years. The respondents appealed and sought bail by suspension of sentence under …

KARNAL IMPROVEMENT TRUSTversusSUMITRA DEVI (DEAD) BY LRS. AND ORS.

2008 INSC 392Appeal(s) allowed

The Karnal Improvement Trust appealed against a High Court order dismissing writ petitions that challenged a 1972 land acquisition award. The petitioners sought solatium (30% of market value) and other benefits under Sections 23(1‑A) and 28 of the Land Acquisition Act, 1894. The Supreme Court …

TATA CHEMICALS LTD.versusUNION OF INDIA & ORS.

2008 INSC 387Directions issued

The petitioners, Tata Chemicals Ltd. and others, challenged the anti‑dumping duty imposed by the Customs Notification dated 27 October 1998 and the subsequent determination made by the Designated Authority under Rule 18 of the Customs Tariff (Identification, Assessment and Collection of Anti‑Dumping …

CORPORATION OF CITY OF BANGALOREversusZULEKHA BL & ORS.

2008 INSC 388Appeal(s) allowed

The Corporation of Bangalore filed a suit against Zulekha B.I. and others claiming title over a disputed property. Zulekha asserted that she had purchased the land from M.N. Rudrappa and sought a declaration of ownership and an injunction against interference. The trial court dismissed her suit; the …

MOHINDER KAURversusSTATE OF PUNJAB

2008 INSC 376Case Allowed

The appellant, a retired police constable, was accused in an FIR of demanding dowry from her daughter‑in‑law. She filed an application for anticipatory bail under Section 438 of the CrPC. The Punjab and Haryana High Court dismissed the application and, besides denying bail, ordered the seizure of …

MD. KALAM @ ABDUL KALAMversusSTATE OF RAJASTHAN

2008 INSC 379Dismissed

The appellant, Mohd. Kalam, was convicted under Section 395 IPC for robbing the house of Vishwas Jain and his wife on the night of 8‑9 May 1994. After his arrest on 27 March 1998, a test identification parade was held on 3 April 1998, where the complainant (PW‑3) identified the appellant. The …

THE KERALA STATE ELECTRICITY BOARDversusB. SREEKUMARI

2008 INSC 384Case Allowed

The Kerala State Electricity Board (KSEB) installed a high‑voltage electricity line over the land of B. Sreekumari, allegedly reducing the market value of her property. The trial court enhanced the compensation awarded to her, and KSEB filed a civil revision petition before the Kerala High Court. …

MUNICIPAL CORPORATION FARIDABADversusDURGA PRASAD

2008 INSC 386Case Allowed

The respondent, employed as a baildar by the Municipal Corporation of Faridabad, suffered an accident in August 1992 and was unable to work, subsequently filing a claim petition. The employer contended that the respondent had worked only 179 days, not the 240 days required for entitlement to back …

KHILARIversusSTATE OF U.P. AND ANR.

2008 INSC 356Case Allowed

The Supreme Court examined the High Court's order granting bail to a convicted murderer (respondent No.2) under Section 389 of the Code of Criminal Procedure while his appeal was pending. The conviction was based on three eye‑witnesses and the trial court had held that the injuries could have been …

UNION OF INDIA & ORS.versusSURINDER SINGH RATHORE

2008 INSC 357Case Allowed

Surinder Singh Rathore, a Signal Man in the Indian Army, was discharged in 1993 with a 30% disability due to maculopathy of the eye. The Release Medical Board concluded that his disability was neither attributable to nor aggravated by military service, and consequently his claim for a disability …

THUKARAM AND ORS.versusSTATE OF KARNATAKA

2008 INSC 351Dismissed

The appellants were convicted under Section 304(II) of the Indian Penal Code for murder, based largely on the testimony of witnesses who were relatives of the deceased (PWs 1, 2 and 5). They appealed, arguing that the evidence of these related witnesses should be excluded as biased. The Supreme …

MANIPAL ACADEMY OF HIGHER EDUCATIONversusPROVIDENT FUND COMMISSIONER

2008 INSC 345Appeal(s) allowed

The Manipal Academy of Higher Education challenged the inclusion of amounts received on encashment of earned leave as part of "basic wage" under Section 2(b) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, which would obligate the employer to make pro‑rata EPF contributions. …

HIMANSHU SINGH SABHARWALversusSTATE OF M.P. AND ORS.

2008 INSC 346Disposed off

The petitioners, the son of a deceased college professor who was killed in a brutal assault, sought transfer of the criminal trial from Ujjain to another state, alleging witness intimidation, coercion, and bias by the investigating officer and public prosecutor. Several eye‑witnesses and three …

STATE OF UTTARANCHAL & ANR.versusSUNIL KUMAR SINGH NEGI

2008 INSC 347Disposed off

Sunil Kumar Singh Negi, a daily‑wage worker of the Uttarakhand Horticulture Department, was ordered by the Labour Court in 2001 to be reinstated and to receive back wages of Rs 6,000. The Department sent a letter asking him to join work at the Fruit Preservation Centre, Pauri, but he did not report …

RATHNAIAHversusSTATE OF KARNATAKA

2008 INSC 342Case Allowed

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

CHANDER KANTA BANSALversusRAJINDER SINGH ANAND

2008 INSC 343Dismissed

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

RAMESH SINGHversusUNION OF INDIA & ORS.

2008 INSC 337Dismissed

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

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

2008 INSC 328Disposed off

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

HINDUSTAN ZINC LTD.versusBHAGWAN SINGH BHATI & ORS.

2008 INSC 330Appeal(s) allowed

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

U.P. STATE ROAD TRANSPORT CORPORATIONversusCOMPOTAR

2008 INSC 331Disposed off

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

VENKATESHAPPAversusSTATE OF KARNATAKA AND ORS.

2008 INSC 332Disposed off

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

MAHABOOBversusMAKTUMSAB

2008 INSC 333Case Allowed

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

M/S. GEO TFCH FOUNDATIONS & CONSTRUCTONversusCOMMNR. OF CENTRAL EXCISE PUNE

2008 INSC 325Disposed off

The appellant, Geo Tech Foundations & Construction, manufactured PSC girders for a railway bridge and cleared them without paying central excise duty. A show‑cause notice demanding duty, confiscation and penalty was issued on 8 May 1996, well beyond the six‑month limitation period then applicable. …

SUBODH KUMAR JAISWAL AND ORS.versusUNION OF INDIA AND ORS.

2008 INSC 308Disposed off

The case concerned a police officer (respondent No.4) who was appointed Deputy Superintendent of Police in 1979, confirmed in 1987 and promoted to the IPS in 1991 with a year of allotment recorded as 1987. He later sought to have his year of allotment back‑dated to 1984, claiming eligibility for …

H.P: STATE ELECTRICITY BOARD AND ANR.versusRANJEET SINGH AND ORS.

2008 INSC 309Case Allowed

The appellant, H.P. State Electricity Board, appealed against the Labour Court and Himachal Pradesh High Court decisions that had granted daily‑wage workers (respondents) a minimum bonus under the Payment of Bonus Act, 1965. The respondents had filed applications under Section 33‑C(2) of the …

TRIMBAKversusSTATE OF MAHARASHTRA

2008 INSC 292Case Partly allowed

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

SHANKAR RAGHO BHAGANEversusSTATE OF MAHARASHTRA

2008 INSC 293Dismissed

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

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

2008 INSC 295Dismissed

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

RENU KUMARIversusSANJAY KUMAR AND ORS.

2008 INSC 278Case Allowed

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

KASHMIR SINGHversusHARNAM SINGH & ANR.

2008 INSC 279Case Partly allowed

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

RESHMA BANOversusSTATE OF UTTAR PRADESH & ORS.

2008 INSC 280Case Allowed

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

K.L.E. SOCEITY AND ORS.versusSIDDALINGESH

2008 INSC 287Case Allowed

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

REKHA PATELversusPANKAJ VERMA AND ORS.

2008 INSC 288Disposed off

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

NAJEEB AND ORS.versusSTATE OF KERALA

2008 INSC 281Case Allowed

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

BECHAARBHAI S. PRAJAPATIversusSTATE OF GUJARAT

2008 INSC 273Disposed off

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

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

2008 INSC 274Disposed off

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

NATIONAL INSURANCE CO. LTD.versusPREMA DEVI & ORS.

2008 INSC 275Case Allowed

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

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

2008 INSC 268Case Partly allowed

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

VIJAY KUMAR KARWAversusOFFICIAL LIQUIDATOR, ROHTAS INDS. LTD.

2008 INSC 269Disposed off

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

UTTARANCHAL TRANSPORT CORPORATIONversusSANJAY KUMAR NAUTIYAL

2008 INSC 264Case Allowed

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

STATE OF WEST BENGAL AND ANR.versusMAHUA SARKAR

2008 INSC 265Case Partly allowed

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

VIDYODAYA TRUSTversusMOHAN PRASAD R & ORS.

2008 INSC 266Case Allowed

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

PRABHU DAYALversusSADHAN SAHKARI SAMITI MUJURI VIKAS KHAND PANIYARA & ORS.

2008 INSC 260Case Allowed

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

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

2008 INSC 254Case Allowed

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

ABDULSATIAR YUSUFBHAI QURESHI & ORS.versusSTATE OF GUJARAT

2008 INSC 255Dismissed

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

SILVEY & ORS.versusARUN VARGHESE & ANR.

2008 INSC 256Dismissed

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

NATIONAL INSURANCE COMPANY LTD.versusSEHTIA SHOES

2008 INSC 257Case Allowed

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

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

2008 INSC 249Disposed off

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

LIYAKATversusSTATE OF UTTARANCHAL

2008 INSC 250Dismissed

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

M/S GOYAL ENTERPRISESversusSTATE OF JHARKHAND AND ANR.

2008 INSC 251Case Allowed

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

STATE OF RAJASTHANversusROHITAS & ORS.

2008 INSC 242Case Allowed

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

STATE OF RAJASTHANversusRAJENDRA PRASAD JAIN

2008 INSC 243Case Allowed

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

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.

2008 INSC 227Disposed off

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

SUNIL @ BALO DAS AND ORSversusRAJESH DAS AND ORS.

2008 INSC 233Case Allowed

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

NEW INDIA ASSURANCE CO. LTD.versusVIPIN BEHARI LAL SRIVASTAVA

2008 INSC 234Case Allowed

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

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

2008 INSC 222Dismissed

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

K.V. RAMI REDDIversusPREMA

2008 INSC 223Dismissed

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

RAMAKRISHNA PILLAI & ANR.versusMUHAMMED KUNJU & ORS.

2008 INSC 224Appeal(s) allowed

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

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

2008 INSC 216Disposed off

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

NIVRUTII PANDURANG KOKATE AND ORSversusSTATE OF MAHARASHTRA

2008 INSC 218Dismissed

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

ARUN KUMARversusTHE STATE OF BIHAR AND ANR.

2008 INSC 219Case Allowed

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

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

2008 INSC 220Case Partly allowed

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

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

2008 INSC 221Disposed off

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

BRIJ NARAIN SINGHversusADYA PRASAD (DEAD) AND ORS.

2008 INSC 210Dismissed

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

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

2008 INSC 203Case Allowed

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

GOWDARA NANJAPPAversusMATADA BASAIAH & ORS.

2008 INSC 205Case Allowed

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

STATE BANK OF PATIALAversusMANJEET

2008 INSC 206Case Allowed

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

RAMESH DASSversusRAGHU NATH AND ORS.

2008 INSC 185Appeal(s) allowed

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

RAJASTHAN KRISHI VISHVA VIDHYALAYA, BIKANERversusDEVI SINGH

2008 INSC 186Appeal(s) allowed

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

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

2008 INSC 187Dismissed

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

B. VISHWANATHversusSTATE OF KARNATAKA

2008 INSC 184Appeal(s) allowed

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

STATE OF U.P.versusJAGRAM & ORS.

2008 INSC 172Disposed off

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

HAR PRASAD AND ANR.versusRANVEER SINGH AND ANR.

2008 INSC 173Dismissed

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

RAKESHversusSTATE OF M.P.

2008 INSC 166Case Partly allowed

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

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

2008 INSC 167Case Allowed

The appellants challenged the constitutionality of certain provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, specifically an amendment to Section 29 that removed an exemption for extra units used for religious rites. They contended that the …

GRAM PANCHAYAT, VILLAGE KUM KALANversusSTATE OF PUNJAB & ORS.

2008 INSC 169Case Allowed

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

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

2008 INSC 170Dismissed

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

RAGHUNATH ANANT GOVILKARversusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 154Dismissed

The appellant, a former employee of the Maharashtra Housing and Area Development Authority, was charged with offences under IPC sections 420, 465, 466, 467, 468 and 471 for allegedly falsifying allotment of premises and issuing spurious rent receipts. He sought discharge under Section 228 of the …

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

2008 INSC 155Disposed off

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

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

2008 INSC 156Case Allowed

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

STATE OF U.P.versusAJAI KUMAR

2008 INSC 151Case Allowed

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

LIFE INSURANCE CORPORATION OF INDIAversusJAYA CHANDEL

2008 INSC 152Case Allowed

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

UNION OF INDIA AND ORSversusRAJESH VYAS

2008 INSC 153Disposed off

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

SRI THIMMAIAHversusSHABIRA AND ORS.

2008 INSC 146Case Partly allowed

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

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

2008 INSC 147Dismissed

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

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

2008 INSC 142Dismissed

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

BABOOLAL SHARDA & ANR.versusSMT. SAVITRIBAI & ORS.

2008 INSC 143Case Allowed

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

JAGTAMBA DEVIversusHEM RAM AND ORS.

2008 INSC 134Case Allowed

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

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

2008 INSC 136Disposed off

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

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

2008 INSC 129Case Allowed

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

STATE OF RAJASTHANversusMADAN SINGH

2008 INSC 130Case Allowed

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

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

2008 INSC 131Dismissed

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

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

2008 INSC 125Dismissed

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

DOLHIN PADHARO DEVIversusINDRAJEET TIWARY & ANR

2008 INSC 126Dismissed

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

RAN SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

2008 INSC 121Case Partly allowed

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

VENU @ VENUGOPAL AND ORSversusSTATE OF KARNATAKA

2008 INSC 122Dismissed

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

KRISHI UTPADAN MANDI SAMITI, ACHANERA AND ANR.versusVINOD KUMAR

2008 INSC 123Disposed off

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

HARI PRASAD BHUYANversusDURGA PRASAD BHUYAN AND ORS.

2008 INSC 114Case Allowed

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

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

2008 INSC 115Dismissed

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

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

2008 INSC 116Disposed off

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

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

2008 INSC 109Disposed off

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

BIJOY DASversusSTATE OF WEST BENGAL

2008 INSC 110Dismissed

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

SACHIN JANA AND ANR.versusSTATE OF WEST BENGAL

2008 INSC 100Disposed off

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

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

2008 INSC 101Case Partly allowed

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

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

2008 INSC 102Case Allowed

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

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

2008 INSC 104Matter referred to larger bench

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

VINODversusSTATE OF HARYANA

2008 INSC 93Dismissed

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

BASAYYA I. MATHADversusRUDRAYYA S. MATHAD AND ORS.

2008 INSC 94Case Allowed

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

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

2008 INSC 95Case Allowed

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

ORIENTAL INSURANCE CO. LIMITEDversusPRITHVI RAJ

2008 INSC 96Case Allowed

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

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

2008 INSC 97Dismissed

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

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

2008 INSC 91Case Allowed

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

STATE OF A.P.versusSINGIREDDY RAMULU AND ANR.

2008 INSC 88Case Allowed

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

VISHNU DEV SHARMAversusSTATE OF U.P. AND ORS.

2008 INSC 89Case Allowed

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

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

2008 INSC 90Case Allowed

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

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

2008 INSC 84Case Partly allowed

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

OM PRAKASHversusSTATE OF U.P.

2008 INSC 85Dismissed

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

SHAIKH MAJID AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 74Case Partly allowed

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

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

2008 INSC 75Case Allowed

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

RAMAKRISHNA RAO (DEAD) BY LR.versusRAI MURARI

2008 INSC 76Case Allowed

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

DINKAR MARUTI JADHAVversusNIVRUTII GANGARAM PAWAR (DEAD)

2008 INSC 65Case Partly allowed

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

WORKMEN OF BALMADIES ESTATESversusMANAGEMENT BALMADIES ESTATE AND ORS.

2008 INSC 68Dismissed

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

PREMKUMARI AND ORS.versusPRAHLAD DEV AND ORS.

2008 INSC 69Disposed off

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

MIS. BLHAR CAUSTIC & CHEMICALS LTD.versusKRIPA PANDEY

2008 INSC 71Case Partly allowed

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

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

2008 INSC 61Case Partly allowed

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

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

2008 INSC 62Case Allowed

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

KUNJU @ BALACHANDRANversusSTATE OF TAMIL NADU

2008 INSC 58Dismissed

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

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

2008 INSC 59Appeal(s) allowed

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

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

2008 INSC 53Case Partly allowed

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

VIJAY SHANKAR SHINDE & ORSversusSTATE OF MAHARASHTRA

2008 INSC 54Dismissed

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

TULSA AND ORS.versusDURGHATIYA AND ORS.

2008 INSC 55Case Allowed

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

BRAJENDRA SINGHversusSTATE OF M.P. AND ANR.

2008 INSC 43Dismissed

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

LABH SINGH & ORS.versusBACHAN SINGH

2008 INSC 47Case Allowed

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

TOWN PLANNING MUNICIPAL COUNCILversusRAJAPPA & ANR.

2008 INSC 38Case Allowed

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

MAZHAR HASSANversusGANGU SINGH AND ORS.

2008 INSC 28Case Allowed

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

K.S. KRISHNA SARMAversusKIFAYAT ALI

2008 INSC 30Disposed off

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

BHADRAPPA (D) BY LRS.versusTOLACHA NAIK

2008 INSC 16Dismissed

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

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

2008 INSC 17Case Allowed

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

RAMESH KRISHNA MADHUSUDAN NAYARversusTHE STATE OF MAHARASHTRA

2008 INSC 13Case Partly allowed

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

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

2008 INSC 10Disposed off

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

KALIYAMMA & ORSversusDEPUTY COMMISSIONER CHITRADURGA, DISTT. & ORS.

2008 INSC 1Dismissed

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

STATE OF HIMACHAL PRADESHversusPARAS RAM AND ORS.

2008 INSC 2Case Partly allowed

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

BALASUBRAMANIAN AND ORS.versusRAMAIAH THONDAMAN

2007 INSC 1305Appeal(s) allowed

The plaintiff filed a suit claiming title to land on the basis of a sale deed from Ramasami Konar and his daughter, who were recorded as Ryotwari patta holders. The defendant contended that the patta had been wrongly granted to the vendors and that the sale deed was procured through fraud, undue …

HINDUSTAN PAPER CORPORATION LTD.versusKAGAJKAL THIKADAR SRAMIK UNION & ORS.

2007 INSC 1307Appeal(s) allowed

The Kagajkal Thikadar Sramik Union filed a representation under Rule 25(2)(v)(a) of the Contract Labour (Regulation and Abolition) Assam Rules, 1971, seeking equal wages and benefits for contract labourers employed at Hindustan Paper Corporation Ltd. The Labour Commissioner, after an inspection by …

SEEMA DHAMDHERE, SECRETARY, MPSCversusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 1310Disposed off

A public interest litigation was filed alleging large‑scale malpractice in examinations conducted by the Maharashtra Public Service Commission (MPSC) and claiming that the investigating police officer was transferred to pre‑empt the investigation. The High Court dismissed the writ petitions, …

CHINDE GOWDAversusPUTIAMMA

2007 INSC 1317Dismissed

The government granted a parcel of land to the husband of the petitioner, a Scheduled Caste member, with a condition that it could not be alienated for fifteen years. The husband sold the land in violation of this condition, and the purchaser later sold it to the appellant. After the Scheduled Caste …

GOVERNMENT OF KARNATAKA AND ORS.versusSMT. GOWRAMMA AND ORS.

2007 INSC 1318Appeal(s) allowed

The owners of a land in Karnataka applied for permission under the Karnataka Preservation of Trees Act, 1976 to fell certain trees, including reserved varieties, and were conditionally permitted to transport a portion of the timber to a government depot. After the timber was taken to the government …

UNION OF INDIA & ORS.versusSHRI RAMESH SINGH RAJPUT

2007 INSC 1319Case Partly allowed

The Union of India issued a recruitment notice for the post of cook with an upper age limit of 25 years. Shri Ramesh Singh Rajput was selected based on the date of birth he disclosed (17‑03‑1978), but school records showed 17‑03‑1977, rendering him over‑aged and he was not appointed. He filed an …

M/S SINGH ENTERPRISESversusCOMMISSIONER OF CENTRAL EXCISE, JAMSHEDPUR AND ORS.

2007 INSC 1320Dismissed

Miss Singh Enterprises appealed to the Supreme Court against the order of the Jharkhand High Court which had dismissed its writ petition challenging the dismissal of its appeal under Section 35 of the Central Excise Act. The appeal had been filed 21 months after the service of the original order, …

COMMISSIONER OF INCOME TAX, MADRASversusM/S. LUCAS T.V.S. LTD. PADI CHENNAI

2007 INSC 1321Appeal(s) allowed

The Commissioner of Income Tax appealed against the High Court’s order upholding the Tribunal’s view that investment allowance under Section 32A of the Income Tax Act could be claimed in more than one assessment year, based on Section 43A(1). The assessing officer argued that the allowance should be …

BRIJ LAL (DEAD) BY LRS. AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS. ETC. ETC.

2007 INSC 1290Appeal(s) allowed

The case concerned surplus‑area determinations made under the Haryana Ceiling on Land Holdings Act, 1972, where land owners sought ejectment of tenants and the tenants challenged the orders after a long lapse of time. The Supreme Court examined whether the phrase "at any time" in Section 18(6) of …

THE GENERAL MANAGER, PENCH AREA, PARASIA, M.P.versusBARKAN@ KANHAIYA

2007 INSC 1291Appeal(s) allowed

The respondent filed a suit for specific performance of a contract of employment, alleging that the employer had failed to appoint his son despite a clause promising employment for four persons. The trial court, first appellate court, and High Court held the suit maintainable and ordered specific …

RUGMINI AMMAL (DEAD) BY LRS.versusV. NARAYANA REDDIAR AND ORS.

2007 INSC 1292Dismissed

The appellant challenged the validity of a lease agreement, alleging it was forged, and the Kerala High Court's Single Judge ordered a criminal complaint under Section 340 of the CrPC based on a handwriting expert's report. The High Court set aside that order, holding that Section 340 could not be …