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ARIJIT PASAYAT

1966 judgments · newest first · showing 1001–1200

ANIL KUMAR GOELversusKISHAN CHAND KAURA

2007 INSC 1271Appeal(s) allowed

The appellant issued a cheque on 31 March 1998 which was dishonoured on two occasions; notices were served and a complaint under Section 138 of the Negotiable Instruments Act was filed on 28 November 1998. The appellant sought to quash the complaint on the ground that the complaint was filed beyond …

GENERAL MANAGER, UCO BANK & ANR.versusM. VENURANGANATH

2007 INSC 1274Dismissed

M. Venurangnanath, a branch manager of UCO Bank, was charged with offences under the IPC and the Prevention of Corruption Act and was acquitted with benefit of doubt. He had been suspended from service during the criminal proceedings and, after reinstatement, faced departmental enquiry which found …

THE DIRECTOR GENERAL, BORDER SECURITY FORCE AND ORS.versusDEENAMMA SANDEL

2007 INSC 1279Disposed off

The Director General of the Border Security Force appealed against a Kerala High Court order that directed the authorities to consider the representation of Deenamma Sandel, an employee who had resigned under Rule 19 of the BSF Rules, 1969, and was claiming a pension. The central issue was whether …

MAGNA PUBLISHERS CO. LTD. & ORS.versusSHILPA S. SHETTY

2007 INSC 1282Disposed off

The film actress Shilpa S. Shetty filed a civil suit for Rs 20 crore in damages and an injunction against Magna Publishers and others, alleging that three articles published in the magazine 'Stardust' were defamatory and would damage her career. The Bombay High Court, on a prima facie view, granted …

SEWARAM AND ANOTHERversusSTATE OF U.P.

2007 INSC 1259Dismissed

The case arose from a dispute over litigation in which the accused Sewa Ram, Ram Prasad (deceased), Parmeshwari and Sunder Lal attacked Genda Devi with lathis and a kanthi, causing her death, and also assaulted the complainant Shaukat Ali. The trial court convicted them under Section 302 read with …

INDU NISSAN OXO CHEMICALS IND. LTD.versusUNION OF INDIA AND ORS.

2007 INSC 1260Disposed off

Indu Nissan OXO Chemicals imported certain products and disputed their classification, leading the Customs authorities to levy a penalty of Rs 10 crore under Section 112(a) of the Customs Act, 1962. The company appealed to CESTAT, which conditioned the hearing on a pre‑deposit of Rs 2 crore under …

STATE OF RAJASTHANversusGANESHI LAL

2007 INSC 1253Case Partly allowed

Ganeshilal, a temporary peon in the Law Department of the Rajasthan State Government, was terminated and claimed the dismissal violated Section 25‑G of the Industrial Disputes Act, 1947. The State contended that the Law Department was not an "industry" within the meaning of Section 2(s) of the Act, …

HARYANA LAND RECLAMATION AND DEVELOPMENT CORPORATION LTD.versusNIRMAL KUMAR

2007 INSC 1251Disposed off

The employer, Haryana Land Reclamation and Development Corporation Ltd., retrenched Nirmal Kumar, a watchman‑cum‑peon, in 1991. The workman filed a claim petition alleging illegal retrenchment, and the Labour Court held that the dismissal violated Rule 77 of the Rajasthan Industrial Disputes Rules, …

BINDHA PRASAD & ORS.versusBHAN DATT (DEAD) BY L.RS.

2007 INSC 1256

The appeal concerned a sale deed executed by a tenant, Raghoram, who had deposited twenty times the land revenue to convert his sirdari rights into Bhumidhari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The sale deed was executed on the same day as the deposit, but Raghoram …

IRRIGATION RESEARCH INSTITUTE & ANRversusKRIPAL SINGH

2007 INSC 1247Case Partly allowed

Kripal Singh, employed as a Beldar from 1 February 1991 to 3 June 1992, was terminated without notice on 4 June 1992. He raised an industrial dispute alleging violation of Section 6(N) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a worker to have worked at least 240 days in a …

STATE OF CHHATTISGARH & ORS.versusM/S. VTP CONSTRUCTIONS

2007 INSC 1248Dismissed

The Supreme Court examined the constitutional validity of Section 35 of the Chhattisgarh Vanijyik Kar Adhiniyam, 1994, which mandated deduction at source of sales tax on payments for works contracts. M/s VIP Constructions challenged the deduction, arguing that the provision failed to determine the …

ABDUL GAFUR & ORSversusTHE STATE OF ASSAM

2007 INSC 1236Appeal(s) allowed

The appellants, including Abdul Gafur, were convicted by a trial court and the Gauhati High Court for dacoity, robbery and outraging modesty based on the testimony of several witnesses who claimed the accused entered the Gupta household, assaulted the family, looted gold ornaments and committed …

M/S TRIG GUARDS FORCE LTD.versusMAHARASHTRA INDUS. DEV. CORPN. & ORS.

2007 INSC 1238Disposed off

Trig Guards Force Ltd built about 50‑60 commercial shops in the Turbhe slum area, one of which pre‑dated the protected‑structure date under the Maharashtra Slums Clearance & Improvement Act, 1971. The Maharashtra Industrial Development Corporation (MIDC) issued a demolition notice for the shop …

M/S. HOLICOW PICTURES PVT. LTD.versusPREM CHANDRA MISHRA & ORS.

2007 INSC 1239Case Partly allowed

The Supreme Court heard a civil appeal challenging a Patna High Court order that had quashed several land allotments made by the State Government to a private company, on the ground that the allotments were irregular. The petition was filed as a Public Interest Litigation (PIL) by a spokesperson of …

UNITED BANK OF INDIAversusTAMIL NADU BANKS DEPOSIT COLLECTORS UNION AND ANR.

2007 INSC 1230Appeal(s) allowed

United Bank of India terminated two commission agents (tiny deposit collectors) in 1984. The Union raised the terminations as industrial disputes, which were referred to the Tamil Nadu Industrial Tribunal. The Tribunal allowed the bank to lead evidence to justify the dismissals and ruled in its …

NIRANJAN CINEMAversusPRAKASH CHANDRA DUBEY AND ANR.

2007 INSC 1231Case Partly allowed

The respondent, a gate‑keeper at Niranjan Cinema, was alleged to have been absent from work and to have started a betel shop. He claimed that his services were terminated and filed an industrial dispute. The Industrial Tribunal held the termination illegal, ordered reinstatement and back wages, and …

SANGAM SPINNERSversusREGIONAL PROVIDENT FUND COMMISSIONER-I

2007 INSC 1223

Sangam Spinners set up a factory on 1 September 1995 and claimed exemption from the Employees Provident Funds Act, 1952 under clause (d) of Section 16(1), which provided a three‑year infancy protection. In 1998, the clause was omitted by amendment Act No. 10 of 1998 with retrospective effect from 22 …

M/S. DEVA METAL POWDERS PVT. LTD.versusCOMMISSIONER, TRADE TAX, U.P.

2007 INSC 1224Appeal(s) allowed

Deva Metal Powders Pvt. Ltd. was originally assessed as dealing in metal and taxed at 2.2% on its aluminium powder. The assessing officer, relying on Hindustan Aluminium Corporation Ltd. v. State of Uttar Pradesh, invoked Section 22 of the Uttar Pradesh Sales Tax Act, 1948 to rectify the assessment, …

M/S. L&T KOMATSU LID.versusN. UDAYAKUMAR

2007 INSC 1217Appeal(s) allowed

The respondent, a workman employed by L&T Komatsu Ltd., was dismissed after being found guilty of unauthorized absence for 105 days, with a history of 15 prior instances of absenteeism. The Labour Court set aside the dismissal, ordering reinstatement with continuity of service and a penalty of four …

DEVISINGH MEENAversusUNION OF INDIA

2007 INSC 1207Dismissed

The appellant, an officer of the Indian Railways, claimed promotion to Chief Commercial Manager, Senior Administrative Grade, on the basis that the Minister of Railways had initially approved his inclusion in the promotion panel. The Departmental Promotion Committee (DPC) later refused to recommend …

KAILASH CHANDRAversusSTATE OF M.P.

2007 INSC 1208Disposed off

The police seized a truck owned by Kailash Chandra that was found carrying foreign liquor. The driver was convicted under Section 34 of the Madhya Pradesh Excise Act, 1915 and the trial court ordered confiscation of the truck under Section 46, holding that the owner had knowledge of the offence. The …

DIDIGAM BIKSHAPATHI & ANR.versusSTATE OF AP.

2007 INSC 1205Dismissed

The deceased, Budida Krishnamurthy, committed suicide after alleged harassment and financial disputes with the appellants, Didigam Bikshapathi and others. In his suicide note he implicated the appellants, leading to charges of abetment of suicide under Section 306 IPC. The appellants filed a …

YADVENDRA ARYA AND ANR.versusMUKESH KUMAR GUPTA

2007 INSC 1196Dismissed

The landlord, an unemployed graduate, filed an application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking release of a shop he let to tenants so that he could start his own electrical goods business, claiming a bona‑fide …

SPECIAL DEPUTY COLLECTOR (L.A.)versusN. VASUDEVRAO AND ORS.

2007 INSC 1197Disposed off

The case concerned about 24.82 acres of government land that had been assigned to respondents on pattas, which the authorities later attempted to resume without paying the ex‑gratia stipulated in GO No.1307. The respondents filed writ petitions and, after a single High Court judge ordered them to …

PERSONAL MANAGER, SBI & ANR.versusKRISHNA GRAMEENA BANK EMPLOYEES UNION & ANR.

2007 INSC 1198Appeal(s) allowed

The Supreme Court examined a dispute over the special allowance payable to "cashier in charge of cash" in Regional Rural Banks (RRBs). The National Industrial Tribunal had awarded parity with sponsor banks but did not base its decision on functional equivalence or the doctrine of equal pay for equal …

UTTARANCHAL FOREST HOSPITAL TRUSTversusDINESH KUMAR

2007 INSC 1189Appeal(s) allowed

The respondent, Dinesh Kumar, claimed that he was employed as a sweeper by the Uttaranchal Forest Hospital Trust from 1 July 1995 to 16 August 1996 and was terminated without notice or retrenchment allowance. He alleged that he had rendered more than 240 days of service in the year preceding his …

CHATURBHUJversusSITA BAI

2007 INSC 1190Dismissed

The wife filed an application under Section 125 of the Criminal Procedure Code seeking maintenance, claiming she was unemployed and unable to maintain herself. The husband contended that she earned income from house rent and the sale of agricultural land and could therefore maintain herself. The …

CHIEF COMMISSIONER OF INCOME TAX AND ORS.versusSMT. SUSHEELA PRASAD AND ORS.

2007 INSC 1191Appeal(s) allowed

The respondents, who were employed as data‑entry operators on a contract basis, filed an application before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunals Act, 1985, seeking regularisation of their services on the ground of long rendition of service. The …

UNION OF INDIA AND ANR.versusVICCO LABORATORIES

2007 INSC 1186Dismissed

Vicco Laboratories manufactures products such as Vicco Vajradanti and Vicco Turmeric, which it claims are Ayurvedic medicines. The Central Excise authorities repeatedly issued show‑cause notices (1976, 1987, 1997, 2005) seeking to re‑classify these products as cosmetics under the Central Excise …

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2007 INSC 1177Disposed off

Vedanta Aluminium Ltd (formerly Vedanta Alumina Ltd) sought judicial clearance to divert 58.943 hectares of reserve forest land in the ecologically sensitive Niyamgiri Hills of Orissa for a one‑million‑tonne alumina refinery. The project required mining of bauxite from the hills, which are a …

RANIP NAGAR PALIKAversusBABUJI GABHAJI THAKORE AND ORS.

2007 INSC 1179Appeal(s) allowed

The Supreme Court examined an appeal by Ranip Nagar Palika challenging the reinstatement of several workmen who had been terminated in 1994. The workmen claimed they were regular employees who had continuously worked since 1991, invoking Section 25-F of the Industrial Disputes Act, 1947, which …

DELHI DEVELOPMENT AUTHORLTYversusARUN LAL SATIJA AND ORS.

2007 INSC 1178

The father of respondent No.1 was a member of a cooperative housing society and died before any land allotment was made. The society transferred his membership to his son, who applied for inclusion in the draw of lots for a plot, but the Registrar of Cooperative Societies rejected the application. …

VIJAY KUMAR AND ORS.versusWHIRLPOOL OF INDIA LTD. AND ORS.

2007 INSC 1173Dismissed

The appellants, who had taken a Voluntary Retirement Scheme (VRS) on 26 May 1995 and received the stipulated payments, later claimed that a settlement dated 13 October 1995 between the employer and the workmen’s union, which altered wages and retirement age, also applied to them. The settlement …

I. LAXMA REDDYversusA.P.S.R.T.C. AND ORS.

2007 INSC 1174

Laxma Reddy obtained a Labour Court order reinstating him after an unauthorized absence. He petitioned that his salary should be fixed with notional increments as if he had continuous service. A Single Judge allowed the petition relying on APSRTC v. P. Nageswara Rao, but the Andhra Pradesh High …

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS

2007 INSC 1163Disposed off

The Union of India sought permission to modify the National Maternity Benefit Scheme (NMBS) and introduce the Janani Suraksha Yojana (JSY), while the petitioner challenged the legality of discontinuing NMBS benefits. The Supreme Court had earlier ordered that NMBS could not be altered without its …

D. SAILUversusSTATE OF A.P.

2007 INSC 1170Case Partly allowed

The appellant D. Sailu was convicted under Section 302 IPC for stabbing the deceased during a quarrel over bore water. He appealed, arguing that the eyewitnesses were relatives of the deceased and thus unreliable, that medical evidence contradicted their testimony, and that the incident was a sudden …

ORIENTAL INSURANCE CO. LTD.versusSMT. RAJ KUMARI AND ORS.

2007 INSC 1151Case Partly allowed

The conductor of a bus owned by Mewat Transport Co. died in a 1984 accident, and his widow, children and parents claimed Rs 1.40 lakh compensation. The Motor Vehicles Tribunal awarded Rs 57,600 with 12% interest, limiting the insurer's liability to Rs 50,000. The Punjab and Haryana High Court …

UNITED INDIA INSURANCE CO. LTD.versusSERJERAO AND ORS.

2007 INSC 1152Disposed off

Labourers travelling in trolleys attached to tractors were injured in motor accidents and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, rejecting the insurer's claim that it was not liable and that the tractor owner alone was …

ONGC LTD.versusGARWARE SHIPPING CORPN. LTD.

2007 INSC 1153Case Partly allowed

The appellant ONGC required offshore vessels (OSVs) from the respondent Garware Shipping and the Shipping Corporation of India (SCI) under long‑term charters. Dispute arose over the computation of repair and maintenance (R&M) charges for the 11th to 16th years of operation, with the parties relying …

STATE OF PUNJAB AND ORS. ETC.versusSUPREET RAJPAL AND ANR. ETC.

2007 INSC 1147Disposed off

The respondents, appointed as part‑time lecturers, filed writ petitions seeking regularisation of their services. The Punjab and Haryana High Court allowed the petitions and directed the authorities to regularise the respondents notwithstanding the contractual terms of their appointments. The State …

THANKACHAN AND ANR.versusSTATE OF KERALA

2007 INSC 1148Case Partly allowed

The appellants were convicted of murder under Section 302 read with Section 34 IPC for a fatal assault on the deceased during a quarrel. The Supreme Court examined whether the incident fell within Exception 4 to Section 300 IPC, which applies to killings occurring in a sudden fight without …

THE REGIONAL MANAGER, APSRTCversusN. SATYANARAYANA AND ORS.

2007 INSC 1133Appeal(s) allowed

The respondents were appointed as conductors on a daily‑wage basis and were later regularized on 1 August 1987. In 1999 they filed a writ petition under Article 226 seeking regularization retroactive to their initial appointment date, without explaining the long delay. The High Court allowed the …

GALI VENKATAIAHversusSTATE OF ANDHRA PRADESH

2007 INSC 1134Case Partly allowed

Gali Venkatiah was convicted of murder for stabbing his brother Gali Krishnaiah, based on the testimony of the deceased's wife and sons. The appellant argued that the witnesses were interested parties and that the killing occurred in a sudden quarrel, invoking Exception 4 to Section 300 IPC. The …

FOOD CORPORATION OF INDIA AND ORS.versusVIKAS MAJDOOR KAMDAR SAHKARI MANDLI LTD.

2007 INSC 1135Case Partly allowed

The Food Corporation of India contracted Vikas Majdoor Kamdaar Sahakari Mandli Ltd. to perform stevedoring and cargo handling at Kandla Port. The corporation later requested the contractor to increase the discharge rate, leading the contractor to incur extra expenses and seek higher remuneration. …

M/S. CANON STEELS P. LTD.versusCOMMISSIONER OF CUSTOMS

2007 INSC 1136Disposed off

Mis. Canon Steels Ltd appealed to the Supreme Court against the Punjab & Haryana High Court’s dismissal of its customs appeal, arguing that the High Court lacked territorial jurisdiction because the original adjudication order was passed in Mumbai and the appellate order by CESTAT was issued in …

M.P. STATE ELECTRICITY BOARD AND ANR.versusGRASIM INDUSTRIES LTD.

2007 INSC 1137Dismissed

The Madhya Pradesh State Electricity Board deleted clauses 21(t) and 21(g) of its general conditions that required payment of interest on security deposits. Grasim Industries Ltd challenged the deletion through writ petitions. A Single Judge of the High Court held the deletion permissible, but a …

COMMNR. OF CENTRAL EXCISE, ALLAHABADversusM/S. SOMAIYA ORGANICS (INDIA) LTD.

2007 INSC 1138Case Partly allowed

The assessee, Mis. Somaiya Organics (India) Ltd., operated a distillery that produced ethyl alcohol denatured (SDS) and a chemical factory that consumed the SDS for manufacturing specified chemicals. The assessee valued the transferred SDS on a costing basis under Rule 6(b)(ii) of the Central Excise …

M/S. JASWANT TALKIESversusCOMMERCIAL TAXES OFFICER, BHILWARA

2007 INSC 1139Appeal(s) allowed

The appellant, an exhibitor of cinematograph films, was found to have admitted 878 school children without tickets and was penalised under Section 10 of the Rajasthan Entertainment and Advertisement Tax Act, 1957. The Assessing Officer imposed a penalty of Rs.500 per viewer, totalling Rs.4,39,000, …

LARSEN AND TOUBRO LTD.versusFERTILIZER AND CHEMICALS TRAVANCORE LTD.

2007 INSC 1140Dismissed

Larsen & Toubro Ltd entered into a purchase order with Fertilizer and Chemicals Travancore Ltd that contained both Standard Conditions and Special Conditions. A dispute arose over the arbitration clause: the appellant sought an independent sole arbitrator under the Special Conditions, while the …

UNION OF INDIA AND ANR.versusADANI EXPORTS LTD. & ANR.

2007 INSC 1142Disposed off

The Union of India issued show‑cause notices under the Customs Act, 1962 alleging mis‑declaration, over‑invoicing and misuse of foreign exchange by Adani Exports Ltd. The adjudicating authority imposed penalties under Section 50 of the Foreign Exchange Regulation Act, 1973 read with Sections 49(3) …

ANTRAMversusSTATE OF MAHARASHTRA

2007 INSC 1143Dismissed

The appellant Antram was convicted for murdering his wife Shobha, who alleged he assaulted her with an axe. Shobha gave four dying declarations—two oral and two recorded—to her daughter, a cousin, a medical officer, and a private doctor before dying a day after discharge from hospital. The …

NARESH GIRIversusSTATE OF M.P.

2007 INSC 1144Appeal(s) allowed

The appellant, a bus driver, was charged under Section 302 IPC for the death of two passengers when a train struck his bus at an unmanned railway crossing. He contended that the train hit the rear of the bus and that there was no negligence on his part, so the murder charge was inappropriate. The …

SITARAM SAO@MUNGERIversusSTATE OF JHARKHAND

2007 INSC 1145Dismissed

The accused were convicted for the abduction, murder and dacoity of Gayatri Devi based largely on the testimony of an approver, Lalit Sanga, whose statement was recorded under Section 306 of the CrPC after he was granted pardon. The High Court had earlier remanded the case, finding procedural lapses …

STATE OF U.P.versusATAR SINGH AND ORS.

2007 INSC 1132Dismissed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Atar Singh and six others who had been convicted for the murder of Ram Murti and assault of three others. The trial court had sentenced the accused under IPC sections 302, 323, 324 r/w 149, 147, 148 and 452, but the …

SAVITRI GOENKAversusKUSUM LATA DAMANI AND ORS.

2007 INSC 1126Case Partly allowed

The appellant Savitri Goenka challenged a Delhi High Court order that had converted a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure (CPC) into a bail application under Section 438 CPC and granted interim protection, without serving notice on her. The High …

LUCKNOW DEVELOPMENT AUTHORITYversusKRISHNA GOPAL LAHOTI AND ORS.

2007 INSC 1127Case Partly allowed

The Lucknow Development Authority acquired a large tract of land for a housing scheme and the Special Land Acquisition Officer fixed its market value at Rs.2.20 per sq. ft., later increased to Rs.6 per sq. ft. by the acquisition tribunal after considering sale deeds of small plots. The landowners …

SMT. SEEMAversusASHWANI KUMAR

2007 INSC 1103Directions issued

The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, …

DASHRATH@ CHAMPA AND ORS.versusSTATE OF MADHYA PRADESH

2007 INSC 1099Dismissed

The appellants were convicted for murder under IPC s.304(Part I) read with s.34 based primarily on the deceased's statements recorded in the FIR and under s.161 CrPC, which the trial and High Courts treated as dying declarations under s.32 of the Evidence Act. The Supreme Court examined the …

IQBALversusSTATE OF KERALA

2007 INSC 1100Case Partly allowed

The appellant Iqbal and a co-accused were charged with kidnapping and raping a girl who was under 14 years of age. The trial court convicted both under Sections 366A and 376 of the Indian Penal Code (IPC) read with Section 34, and the High Court affirmed the conviction of Iqbal while acquitting the …

NARESH KUMAR YADAVversusRAVINDRA KUMAR AND ORS.

2007 INSC 1097Disposed off

The informant appealed the Patna High Court’s order granting anticipatory bail to three respondents under s.438 of the CrPC. The Supreme Court held that the High Court erred in granting a blanket anticipatory bail without the applicant showing a specific ‘reason to believe’ of arrest based on …

SANJAY BANSAL AND ANR.versusJAWAHARLAL VATS AND ORS.

2007 INSC 1093

The son of the petitioner was injured in a firearm attack and a case was registered under IPC s.307. The investigating officer submitted a final report excluding the accused on the basis of an alibi, prompting the petitioner to file a writ petition under Art.226 seeking a fair investigation. The …

RABINDRA KUMAR SHAW (DEAD) THR. LRS.versusMANICK LAL SHAW

2007 INSC 1094Disposed off

The heirs of the deceased Rabindra Kumar Shaw filed a suit for declaration of title and a permanent injunction, and the trial court granted an interim status‑quo order. The defendant appealed, and the Calcutta High Court, without deciding the merits, dismissed the plaintiff's application for a …

GOPALversusSTATE OF MAHARASHTRA

2007 INSC 1052Appeal(s) allowed

Gopal, the husband, assaulted his wife with a wooden log during a quarrel witnessed by their children, causing fatal head injuries. He was initially convicted under Section 302 IPC for murder and sentenced accordingly, a decision upheld by the High Court. Gopal appealed, contending that the killing …

ACCOUNTS OFFICER, JHARKHAND STATE ELECTRICITY BOARD AND ANR.versusANWAR ALI

2007 INSC 1024Case Partly allowed

Anwar Ali filed a complaint before the District Consumer Forum alleging that his electricity supply was disconnected without prior notice. The Forum awarded him Rs 50,000 compensation with interest, an order upheld by the State Consumer Disputes Redressal Commission and the National Consumer …

M/S VISHAL PROPERTIES PVT. LTD.versusSTATE OF U.P. AND ORS.

2007 INSC 1025Dismissed

The New Okhla Industrial Development Authority (NOIDA) issued a notice under Section 10(1) of the U.P. Industrial Development Act, 1976 to Mis Vishal Properties alleging unauthorized construction and improper use of the ground floor of its plot. The appellant sought a change of user for the ground …

SITA RAM AND ORS.versusRADHEY SHY AM

2007 INSC 1004Dismissed

The appellants filed a suit for specific performance of a land sale contract, which the trial court decreed in their favour. The first appellate court set aside the decree, holding that the plaint did not comply with Section 16(c) of the Specific Relief Act, 1963, and the High Court dismissed the …

CCE, LUCKNOWversusM/S. WIMCO LTD.

2007 INSC 1005Appeal(s) allowed

M/s Wimco Ltd., a manufacturer of printed paper board boxes, sold waste/scrap/parings generated during production without filing a classification list under Rule 173B or issuing invoices under Rule 52A. The Revenue issued a show‑cause notice and demanded excise duty of Rs 23.20 million with an equal …

U.P. ROLLER FLOUR MILLS ASSOCIATION AND ORS.versusGOVT. OF INDIA AND ORS.

2007 INSC 1006Disposed off

The U.P. Roller Flour Mills Association filed a writ petition under Article 32 alleging that subsidised wheat stocks meant for the Public Distribution System (PDS) were being diverted by the states of West Bengal, Assam and other North‑East states to rolling flour mills, causing loss to the …

BUREAU OF INDIAN STANDARDSversusS.K. KANOJIA

2007 INSC 1007Appeal(s) allowed

The respondents, scientific officers of the Bureau of Indian Standards (BIS), claimed that they were entitled to promotion to Scientist‑D in 1999 after completing five years in the lower grade under the Flexible Complementing Scheme (FCS). BIS argued that the FCS had been amended by a 1998 …

GURIYA@TABASSUM TAUQUIR AND ORS.versusSTATE OF BIHAR AND ANR.

2007 INSC 984Appeal(s) allowed

The case arose from an FIR in which three persons were arraigned as accused, while the appellants were not. Witnesses 1‑3 only testified to the appellants' presence, without attributing any specific role, and after the prosecution evidence was closed, two additional witnesses (4 and 5) were examined …

BHAGWAN BAHADUREversusSTATE OF MAHARASHTRA

2007 INSC 985Case Partly allowed

The appellant Bhagwan Bahadure was convicted by the trial court and the Bombay High Court for murder (s.302 IPC) after allegedly striking the deceased Kachrabai on the head with a stick, causing injuries that led to her death. The appellant challenged the conviction on two grounds: that the key …

STATE OF PUNJABversusMOHINDER SINGH AND ORS.

2007 INSC 986Appeal(s) allowed

The State of Punjab prosecuted Mohinder Singh and others for the murder of Dalip Singh, alleging they used sharp weapons during a land dispute. The trial court convicted one accused under Section 302 IPC and the others under Section 302 read with Section 34, rejecting the defence that the FIR was …

K. SUBBA REDDYversusSTATE OF ANDHRA PRADESH

2007 INSC 987Appeal(s) allowed

The case involved an Excise Sub‑Inspector (A‑1) who demanded a bribe from shop owner K. Subba Reddy (PW‑1) to release sealed stock and a stock register. PW‑1 paid the demanded amount to a Home Guard (A‑2), who kept the money in his pocket and was later found with the cash, which tested positive for …

KARAN SINGHversusM/S EXECUTIVE ENGINEER HARYANA STATE MARKETING BOARD

2007 INSC 988Appeal(s) allowed

Karan Singh, a former DPL of the Haryana State Marketing Board, was terminated in October 1994 without due process, allegedly violating Section 25F of the Industrial Disputes Act, 1947. He filed a claim six years later, in 2000, seeking reinstatement and back wages. The State Government referred the …

ICI INDIA LTD. AND ANR.versusSTATE OF ORISSA AND ORS.

2007 INSC 989

ICI India Ltd purchased ammonium nitrate liquor for making "Bulk Premix" at its Rourkela plant and declared in Form IV to obtain a concessional tax rate of 4% under the Orissa Sales Tax Act, 1947. The bulk premix, an intermediate product, was not sold but transferred to the company's other units in …

MORADABAD DEVELOPMENT AUTHORITYversusSAURABH JAIN AND ORS.

2007 INSC 990Disposed off

The Moradabad Development Authority (MDA) appealed a High Court order that directed it to return surplus land to respondents Saurabh Jain and others and to pay compensation. The land had been declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 in 1977, but a 1998 revision by the …

U.B. GADHE AND ORS. ETC. ETCversusG.M. GUJARAT AMBUJA CEMENT PVT. LTD.

2007 INSC 991Disposed off

The employer, a public utility, dismissed eight workmen after they participated in a five‑month illegal strike. The Labour Court held the strike unlawful, set aside the dismissals and ordered reinstatement without back wages. The Gujarat High Court reversed that award, holding that once the …

RAM AVTAR PATWARI AND ORS.versusSTATE OF HARYANAAND ORS.

2007 INSC 993Disposed off

The Subordinate Services Board advertised 1,248 Patwari posts but selected 2,395 candidates, allocating 25% of marks to interview performance and 10 marks to handwriting, allegedly exceeding the limits set in Satpal Singh's case. Petitioners challenged the selection on grounds of undue weightage to …

LAGAN JUTE MACHINERIES COMP ANY LIMITEDversusCANDLEWOOD HOLDINGS LTD. AND ORS.

2007 INSC 994Dismissed

Lagan Jute Machineries Co. Ltd. (appellant) was the lessee of premises owned by Candlewood Holdings Ltd. (respondent). After the lease expired, an eviction suit led to a consent decree in which the lessee undertook to pay the municipal commercial surcharge on consolidated rates as determined by the …

BAKHTIY AR HUSSAIN (DEAD) THR. LRS.versusHAFIZ KHAN AND ORS.

2007 INSC 965Case Partly allowed

Bakhtiyar Hussain, claiming to be the bhumiswami of certain lands, sued Hafiz Khan and others for declaration of title and injunction after they took possession in 1970, asserting they had acquired title by adverse possession. The trial court and the first appellate court held the defendants were in …

HYDERABAD INDUSTRIES LTD.versusESI CORPORATION

2007 INSC 966Disposed off

Hyderabad Industries Ltd appealed against an order of the Andhra Pradesh High Court which had dismissed its challenge under Section 82(2) of the Employees State Insurance Act, 1948, without examining the factual circumstances. The central question was whether workers engaged by contractors for …

GANGA KISAN SAHKARI CHINI MILLS LTD.versusJAIVIR SINGH

2007 INSC 967Appeal(s) allowed

The appellant, Ganga Kisan Sahkari Chini Mills Ltd., employed certain workers during its trial season of 1984-85 and later terminated them. The workers claimed they were permanent employees and sought reinstatement, back wages, and retaining allowance under the Uttar Pradesh Payment of Retaining …

U.P. POWER CORPORATION LTD. AND ORS.versusM/S. BONDS & BEYONDS (INDIA) (P) LTD.

2007 INSC 968Amount Awarded

The appeal concerned whether a single Meter Reading Inspection (MRI) report, which records electricity consumption for 35 days, should be treated as one violation of peak‑hour restrictions or whether each contravention noted in the report attracts a separate penalty. The Supreme Court examined the …

STATE OF PUNJAB AND ORS.versusDEV RAJ AND ORS.

2007 INSC 961Appeal(s) allowed

The State of Punjab entered into an agreement to take over a financially distressed school in 1983, stipulating that only staff with prescribed qualifications who were members at the time of the policy decision would be retained. Teachers and laboratory assistants appointed between June 1983 and …

MOHAMMAD SADIQ AND ORS.versusSTATE OF UTTAR PRADESH AND ORS.

2007 INSC 962Dismissed

The Institute of Engineering and Rural Technology (IERT), a society registered under the Societies Registration Act, 1860, decided to close one of its centres, retrenching 105 employees. The employees filed a writ petition seeking their absorption under the Uttar Pradesh Absorption of Retrenched …

ORIENTAL INSURANCE CO. LTD.versusSYED IBRAHIM & ORS.

2007 INSC 930Case Partly allowed

A seven‑year‑old child died in a lorry accident on 20‑Nov‑1994. The Motor Accidents Claims Tribunal awarded Rs 51,500 compensation, which the Karnataka High Court enhanced to Rs 1,52,000 and directed the insurer, Oriental Insurance Co., to indemnify the award. The insurer appealed, contending that …

RAJEEV HITENDRA PATHAN AND ORS.versusACHYUT KASHINATH KAREKAR AND ANR.

2007 INSC 931Matter referred to larger bench

The appeal concerned whether a State Consumer Disputes Redressal Commission can restore a complaint dismissed for default. The appellant argued that the Supreme Court’s decision in Jyotsana v. Bombay Hospital Trust denied such power to State Commissions, while the National Commission relied on New …

BOODIREDDY CHANDRAIAH AND ORS.versusARIGELA LAXMI AND ANR.

2007 INSC 932Appeal(s) allowed

The appellants challenged a second appeal allowed by the Andhra Pradesh High Court under Section 100 of the Code of Civil Procedure, alleging that the High Court failed to formulate a substantial question of law as required by the amended provision. The Supreme Court examined whether a second appeal …

STATE OF JHARKHAND AND ORS.versusMANSHU KUMBHKAR

2007 INSC 933Appeal(s) allowed

The State of Jharkhand appointed several Class III and IV employees, including the respondent Manshu Kumbhkar, without complying with the administrative instructions dated 3‑12‑1980, which required advertisement, a selection committee, and recruitment through the district employment exchange. The …

KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusSHRI DHARMENDRA SHARMA

2007 INSC 914Disposed off

The respondent, whose father was a KVS employee who died in service, applied for a compassionate appointment in a Group‑D post under the 5 % reservation for such appointments. KVS rejected the application, and the Central Administrative Tribunal (CAT) directed KVS to appoint the respondent and later …

UNION OF INDIAversusSHRI SHIV SHANKER KESARI

2007 INSC 923Appeal(s) allowed

The Union of India appealed a High Court order that granted bail to Shri Shiv Shanker Kesari, who was charged under the NDNDPS Act for possession of a large quantity of poppy straw. The Supreme Court examined Section 37 of the NDPS Act, which mandates that bail may be granted only if the court is …

STATE OF KARNATAKAversusRAJU

2007 INSC 924Appeal(s) allowed

The State of Karnataka appealed a Karnataka High Court order that reduced the custodial sentence of Raju, who had been convicted of raping a 10‑year‑old girl, from seven years to three and a half years. The trial court had sentenced Raju under Section 376 of the Indian Penal Code, which mandates a …

KULDEEP SINGHversusUNION OF INDIA AND ORS.

2007 INSC 925Dismissed

Kuldeep Singh appealed to the Supreme Court after the Delhi High Court, both at the Single Judge and Division Bench levels, denied his request to have his share in a plot converted from leasehold to freehold, holding that such a conversion would require amendment of the layout plan and would disturb …

UNION OF INDIAversusSHREE SHANKAR TEXTILES EX-EMPLOYEES UNION AND ORS.

2007 INSC 926Appeal(s) allowed

The Shree Shankar Textiles Ex‑Employees Union sought benefits under the Textile Workers Rehabilitation Fund Scheme (TWRFS) 1991, contending that the scheme’s requirement that a mill be closed under Section 25‑O of the Industrial Disputes Act, 1947 (or have an official liquidator appointed) violated …

C.A. PIOUSversusTHE STATE OF KERALA AND ANR.

2007 INSC 927Dismissed

The appellant, serving a life sentence for murder, applied for release on probation under the Kerala Prison Rules, 1958, which require a minimum of eight years of actual custody. He had served about six and a half years in prison but argued that a six‑year‑plus period of study leave should be …

PHULIA TUDU AND ANR.versusTHE STATE OF BIHAR (NOW JHARKHAND)

2007 INSC 928Disposed off

The appellants Phulia Tudu and another were convicted of murder under Section 302 read with Section 34 for allegedly assaulting the deceased Biti Murmu with a lathi, causing her death. On appeal, the Supreme Court examined the distinction between murder and culpable homicide not amounting to murder, …

A.M. MOOSAversusCOMMISSIONER OF INCOME TAX, TRIVANDRUM

2007 INSC 904Dismissed

A.M. Moosa, an export house, claimed a deduction under Section 80‑HHC of the Income Tax Act, 1961 for the assessment year 1992‑93. The Assessing Officer disallowed the claim on the ground that the computed "profits of the business" were negative. The disallowance was upheld by the Commissioner of …

M. SRINIVASULUversusSTATE OF A.P.

2007 INSC 905Appeal(s) allowed

The appellant, M. Srinivasulu, was convicted under Sections 304B (dowry death) and 498A (cruelty) of the IPC for the self‑immolation death of his wife. The prosecution relied on three letters written by the deceased, alleging they demonstrated a dowry demand and cruelty. The Supreme Court examined …

KULESH MONDALversusTHE STATE OF WEST BENGAL

2007 INSC 901Case Partly allowed

The case arose from the killing of Chakku Mondal by Kulesh Mondal during a quarrel in which the victim was dragged and struck on the neck with a sharp‑edged weapon. The trial court and the Calcutta High Court convicted the accused under Section 302 read with Section 34 IPC, relying on eyewitness …

Y.A. AJITversusSOFANA AJIT

2007 INSC 902Disposed off

In Civil Appeal No. 4110 of 2007, the Supreme Court examined the High Court's order allowing a transfer petition under Section 24 of the Code of Civil Procedure, 1908, moving a suit from the District Court, Kanyakumari to the Family Court, Chennai. The appellant contended that the transfer was …

RESEARCH FOUNDATION FOR SCIENCEversusUNION OF INDIA AND ANR.

2007 INSC 897Disposed off

The Supreme Court, hearing Writ Petition (Civil) No. 657 of 1995 filed by the Research Foundation for Science, examined the recurring environmental and occupational hazards associated with ship‑breaking activities at Alang. The Court noted that the controversy over the ship Clemenceau had been …

STATE OF UTTAR PRADESHversusRAM VEER SINGH AND ORS.

2007 INSC 892Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of three accused who had been convicted for murder under Sections 302, 34 and 201 of the IPC. The prosecution's case relied on the identification of a decomposed body recovered a month after the incident, based solely on the …

DILAWAR SINGHversusSTATE OF DELHI

2007 INSC 893Disposed off

The appellant Dilawar Singh was accused of robbing a temple priest on 8 August 1984, allegedly with accomplices who tied the priest and stole cash. The prosecution relied solely on the priest's testimony, claiming the accused carried weapons, but no injury was inflicted. The FIR was lodged only on …

MUKESH KUMARversusUNION OF INDIA AND ORS.

2007 INSC 894Appeal(s) allowed

The appellant, Mukesh Kumar, applied for a compassionate appointment as a clerk after his father retired on medical grounds and the appellant was a minor still pursuing studies. The Post Master General rejected the application on the ground that the family was not financially indigent, and …

M.P. STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD. ANDANR.versusJAHAN KHAN

2007 INSC 895Dismissed

The respondent, a branch manager of M.P. State Agro Industries Development Corporation Ltd, was found to have caused a loss of Rs 16,903.41 by failing to recover rent on machinery he had let out. The Managing Director, acting as disciplinary authority, imposed a composite penalty of recovering the …

COMMISSIONER OF CENTRAL EXCISE, JAIPURversusM/S. SRI GANGANAGAR BOTTLING CO.

2007 INSC 889Dismissed

The respondent, Mis. Sri Ganganagar Bottling Co., a small‑scale industrial (SSI) unit, manufactured aerated water and affixed the brand name "Citra" belonging to M/s Limca Flavours and Fragrances Ltd., which was also an SSI unit eligible for exemption under Notification No.1/93‑CE. The Revenue …

AGGARWAL AND MODI ENTERPRISES PVT.LTD. AND ANRversusNEW DELHI MUNICIPAL COUNCIL

2007 INSC 890Disposed off

Aggarwal and Modi Enterprises Pvt. Ltd. occupied the Chanakya Cinema Complex under a licence that expired on 30 September 2000. The New Delhi Municipal Council (NDMC) sought vacant possession and intended to dispose of the property by public auction under Section 141(2) of the NDMC Act, 1994, to …

HARISHCHANDRA LADAKU THANGEversusSTATE OF MAHARASHTRA

2007 INSC 878Disposed off

The deceased Dwarkabai disappeared while working in her field and her body was found days later. The appellant, Harishchandraladakuthange, had a prior dispute with her and was alleged to have threatened her. The prosecution relied on circumstantial evidence, including a claim that the accused and …

COMMISSIONER OF CUSTOMS, CHENNAIversusM/S. HEWLETT PACKARD INDIA SALES (P) LTD.

2007 INSC 886Disposed off

The Commissioner of Customs appealed against Hewlett‑Packard India Sales Ltd., which had imported laptops with hard‑disk drives pre‑loaded with operating‑system software. The importer claimed that the software‑loaded hard disks should be classified separately under heading 85.24 of the Customs …

UNITED BANK OF INDIAversusSIDHARTHA CHAKRABORTY

2007 INSC 872Disposed off

Sidhartha Chakraborty, a cash clerk of United Bank of India, was dismissed for alleged irregularities, with the dismissal order stating that an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was being filed because an industrial dispute was pending. Chakraborty challenged …

STATE OF MAHARASHTRAversusDATIATRAYA DIGAMBER BIRAJDAR

2007 INSC 873Appeal(s) allowed

The respondent, a daily wager in the Public Works Division (PWD) since 1984, was appointed as a contract Surveyor in the Soil Conservation Department on 3 April 1986 and later transferred before the posts were abolished in August 1987. After about eight years, he filed an application under Section …

SUDHA VERMAversusSTATE OF U.P. AND ANR.

2007 INSC 860Case Partly allowed

Sudha Verma, the widow of Rajesh Kumar, appealed against the Allahabad High Court's grant of bail to Dinesh Kumar (respondent No.2), who was alleged to have shot and killed his elder brother during a family dispute over property partition. The High Court had held that the offence fell under Section …

PRAMOD KUMAR AND ANR.versusBIHAR VYAVASAYIK SANGHARSH MORCHA AND ORS.

2007 INSC 861Disposed off

A public interest litigation was filed in the Patna High Court seeking directions to stop criminal activities and exploitation by police personnel in Bihar. The High Court issued orders directing the transfer of officers who had remained at a posting for more than four years and mandating the …

RAMDAS SHIVRAM SATTURversusRAMESHCHANDRA POPATLAL SHAH AND ORS.

2007 INSC 844Appeal(s) allowed

The appellant appealed a decree directing execution of a sale deed for a plot that had been transferred to the deceased respondent No.3 (Tarabai). During the pendency of the second appeal, Tarabai died and her legal heirs (respondents 5, 6 and 7) were on record. The High Court dismissed the appeal …

JESU ASIR SINGH AND ORS.versusSTATE THROUGH INSPECTOR OF POLICE

2007 INSC 847Dismissed

The Supreme Court examined the appeal of three accused (A1, A2, A3) convicted of murder and assault under Sections 302 and 341 IPC. The appellants claimed they acted in private defence, arguing that the injuries they sustained indicated they were the aggressors. The Court held that the number of …

PRADEEP KUMAR@ PRADEEP KUMAR VERMAversusSTATE OF BIHAR AND ANR.

2007 INSC 842Disposed off

The appellant, Pradeep Kumar, was charged under Sections 376 and 406 IPC for having sexual relations with the complainant on a promise to marry her. The complainant alleged that the promise was a false pretense to obtain consent, and the trial court framed charges which the appellant sought to …

M/S. IBEX GALLAGHER PVT. LTD. AND ANR.versusCOMMISSIONER OF CENTRAL EXCISE, BANGALORE

2007 INSC 843Disposed off

Ibex Gallagher Pvt. Ltd. assembles a solar electric power fencing system at various sites using a mix of duty‑paid and bought‑out components. The Commissioner of Central Excise held that the assembly creates a new product distinct from its parts, classifying it under tariff sub‑heading 8543.90 and …

KITTUSAMYversusSTATE OF TAMIL NADU

2007 INSC 827Dismissed

The appellant Kittusamy, along with Channappan and Palanisamy, were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Ayyasamy, their son‑in‑law. The prosecution case relied on three eyewitnesses – the victim's cousin and his parents – who described the …

ASIAN THERMAL INSULATION (I) P. LTDversusBRIDGE & ROOF CO. (I) LTD.

2007 INSC 826Disposed off

Asian Thermal Insulation (I) Ltd entered into a contract with Bridge & Roof Co. (I) Ltd that contained an arbitration clause. A dispute arose and the High Court, on the respondent's application, directed the matter to be placed before the Chief Justice of the Calcutta High Court for the appointment …

STATE OF U.PversusGOVIND DAS@ GUDDA AND ANR.

2007 INSC 825Case Partly allowed

The Supreme Court examined appeals by the State of Uttar Pradesh against the Allahabad High Court’s order acquitting Govind Das and others, which had set aside convictions under IPC s.302 r/w s.34 and rejected a death‑sentence confirmation. The High Court had relied mainly on the acquittal of a …

SILAK RAM AND ANR.versusSTATE OF HARYANA

2007 INSC 812Dismissed

The appellants Silak Ram, Narotam alias Raja and Bijender alias Binder were convicted for the murder of Jagbir under Sections 302 and 34 IPC. The prosecution relied on three eye‑witnesses (PW10, PW11 and PW14); PW11’s testimony was found cogent and consistent with medical evidence, while PW10’s …

JAY MAHAKALI ROLLING MILLSversusUNION OF INDIA AND ORS.

2007 INSC 813Dismissed

Jay Mahakali Rolling Mills challenged the recovery of excise duty and penalty on the ground that bars and rods made from ship‑breaking scrap were exempt under Notification No.101/87‑CE dated 27 March 1987. The issue before the Supreme Court was whether the amendment, communicated through a circular …

M/S. TRUTUF SAFETY GLASS INDUSTRIESversusCOMMISSIONER OF SALES TAX, U.P.

2007 INSC 814Appeal(s) allowed

Mis. Trutuf Safety Glass Industries, a manufacturer of automobile safety toughened glass, sought a recognition certificate under Section 4‑B of the U.P. Sales Tax Act, 1948 for the goods listed in Entry 2 of Annexure III of Notification No. ST‑1/‑755 dated 31‑12‑1976, which reads "Glass and glass …

SHAIK MASTAN VALIversusSTATE OF ANDHRA PRADESH

2007 INSC 808Dismissed

Shaik Mastan Vali was convicted under Section 302 of the Indian Penal Code for the murder of Nagandla Pichamma, with whom he had an illicit relationship. The prosecution relied on circumstantial evidence: the appellant was seen beating the deceased and dragging her to a hut, a towel belonging to him …

DEEPAK SINGCHIversusSTATE OF RAJASTHAN AND ANR.

2007 INSC 809Disposed off

The appellant, an informant, reported that his brother was murdered and the accused were charged with the crime. The accused applied for bail, which was rejected by the Additional Chief Judicial Magistrate and the Additional Sessions Judge, but the Rajasthan High Court later granted bail without …

STATE OF RAJASTHANversusNANA AND ORS.

2007 INSC 806Disposed off

The State of Rajasthan appealed the Rajasthan High Court’s judgment acquitting accused Bada and Sawa and reducing Nana’s conviction from murder to culpable homicide not amounting to murder. The trial court had convicted all three under Section 302 read with Section 34 based on the testimony of …

STATE OF MADHYA PRADESHversusBASODI

2007 INSC 802Dismissed

The State of Madhya Pradesh charged Basodi with the murder of his nephew under IPC s.302 and the Arms Act s.27, alleging he shot the victim with a muzzle‑loading gun. The trial court convicted Basodi, relying on an alleged extra‑judicial confession made before three witnesses. On appeal, the High …

STATE OF KARNATAKAversusMADESHA AND ORS.

2007 INSC 803Dismissed

The State of Karnataka appealed against the acquittal of accused persons (including A‑3 and A‑4) who were alleged to have thrown the deceased's body into a fire, based on the testimony of PW‑26. The principal issue was whether Section 201 of the Indian Penal Code could be invoked when there was no …

N.P. JHARIAversusSTATE OF M.P.

2007 INSC 792Dismissed

N.P. Jharia, a Sales Tax Officer, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to three years' imprisonment and a fine; the High Court upheld …

BANK OF INDIA AND ANR .versusTARUN KR. BISWAN AND ORS.

2007 INSC 793Appeal(s) allowed

The Bank of India had a scheme for "Budlee Sepoys" whereby temporary workers could be absorbed into permanent posts only after completing 240 working days in a block year. Several such workers filed writ petitions seeking regularisation, claiming they had satisfied the 240‑day requirement. The …

IDRISHAN YAKUBHAN PATHANversusSTATE OF GUJARAT THROUGH PUBLIC PROSECUTOR

2007 INSC 790Appeal(s) allowed

Idrishan Yakubhan Pathan faced two prosecutions under the Prevention of Terrorism Act (POTA), Case No. 8 and Case No. 12 of 2003. He appealed both decisions (Criminal Appeals Nos. 1287 and 1288 of 2004). The Gujarat High Court acquitted him in Case No. 8 and dismissed his appeal 1287. Regarding Case …

SMT. SHAKUNTALAversusSTATE OF HARYANA

2007 INSC 791Dismissed

The appellant, Shakuntala, was convicted of murder under Section 302 IPC for setting her daughter‑in‑law on fire after a dowry dispute. The victim’s dying declaration, recorded by a First Class Judicial Magistrate and certified by a doctor as being made while she was fit, formed the core evidence. …

M/S. SWAN MILLS LTD.versusUNION OF INDIA AND ORS.

2007 INSC 784Appeal(s) allowed

Mis. Swan Mills Ltd., a textile manufacturer, was served with show‑cause notices for differential excise duty and challenged the assessment before the Commissioner of Central Excise (Appeals). The appellant filed a declaration under Section 89 of the Finance Act, 1998 to avail the Kar Vivad Samadhan …

STATE OF U.P.versusABDUL KARIM AND ORS.

2007 INSC 785Dismissed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Abdul Karim and two others, who had been convicted by a trial court for murder under Section 302 read with Section 34 of the IPC. The prosecution's case rested on the testimony of three eye‑witnesses – the victim's …

IDDAR AND ORS.versusAABIDA AND ANR.

2007 INSC 782Appeal(s) allowed

The case arose from a dowry‑related dispute in which the complainant’s statement before the trial court differed from the statement recorded during investigation. An application under Section 311 of the CrPC seeking a fresh recording of the complainant’s statement was rejected by the trial court as …

STATE OF U.P.versusMUSHTAQ ALAM

2007 INSC 783Dismissed

The State of U.P. appealed the Allahabad High Court's acquittal of Mushtaq Alam, who was charged with murder under IPC s.302. The trial court had convicted him based on the testimony of an eye‑witness (PW‑1) and two other witnesses, but the High Court acquitted him, finding the witnesses' accounts …

MRS. HAFIZUN BEGUMversusMD. IKRAM HEQUE & ORS.

2007 INSC 777Disposed off

The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the …

SMT. SUBHA RAJ AND ANR.versusSANKAR SARKAR AND ANR.

2007 INSC 778Disposed off

Respondent No.1 filed a criminal complaint against Subha Raj and others alleging offences under several IPC sections. The Magistrate dismissed the complaint, and the complainant's first revision before the Additional District and Sessions Judge was also dismissed. A second revision petition, styled …

B.S.GORAYAversusU.T. OF CHANDIGARH

2007 INSC 772Dismissed

The Central Bureau of Investigation filed a charge‑sheet against B.S. Goraya under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. Goraya, then a Colonel, was suspended and dismissed from Army service in January 1993, but his dismissal was later set aside and he was …

THE COMMISSIONER OF INCOME TAXversusM/S. CATAPHARMA (INDIA) PVT. LTD.

2007 INSC 773Dismissed

The dispute concerned the assessment year 1997‑98 where the assessing officer had included excise duty and sales tax in the "total turnover" for computing the deduction under section 80HHC(3)(b) of the Income Tax Act, 1961. The Revenue appealed, arguing that the plain meaning of "turnover" required …

STATE OF ORISSA AND ANR.versusSURENDRANATH MALLICK AND ORS.

2007 INSC 774Appeal(s) allowed

The case concerned the reversion of Surendranath Mallick, a reserved‑category employee, to his former post of Senior Assistant after a general‑category Section Officer returned from leave. The Tribunal had held that Mallick should remain as Section Officer Level‑II to preserve the SC quota, and the …

STATE OF U.P. AND ANR.versusLALLOO SINGH

2007 INSC 768Disposed off

The State of Uttar Pradesh appealed against a High Court order that allowed Lalloo Singh to retain a tractor trolley seized by forest officials under the Wildlife (Protection) Act, 1972. The seizure occurred because the trolley was used to load sand from the Yamuna river bed inside a sanctuary. The …

SANDEEP POLYMERS PVT.LTD.versusBAJAJ AUTO LTD. AND ORS.

2007 INSC 770Disposed off

Sandeep Polymers Pvt. Ltd., a Nagpur‑based manufacturer, sued Bajaj Auto Ltd. for damages after the latter terminated a lifetime‑supply agreement, causing the plaintiff’s Nagpur plant to become idle. The defendants contended that four purchase orders contained an ouster clause confining all disputes …

UNION OF INDIA AND ANR.versusS.S. GILL

2007 INSC 765Disposed off

The Supreme Court examined whether Short Service Commissioned Officers transferred from the Army to the CRPF could have their previous Army service counted for seniority under Rule 8(b)(i) of the Central Reserve Police Force Rules, 1955. The Union of India argued that the rule does not allow such …

STATE OF M.P.versusKUSUM

2007 INSC 766Dismissed

The respondent, convicted of murder and sentenced to life imprisonment, applied for release on probation under the Madhya Pradesh Prisoners' Release on Probation Act, 1954. The State issued a circular on 3 August 2005 stating that convicts whose bail applications were rejected and whose appeals were …

R.J. SHAH AND CO.versusH.P. STATE ELECTRICITY BOARD

2007 INSC 767Disposed off

R.J. Shah appealed to the Himachal Pradesh High Court against a judgment of a single judge of that court, invoking the Letters Patent of the former Lahore High Court under Clause 9/10. The High Court held that the Lahore Letters Patent did not apply to Himachal Pradesh, that no appeal under those …

ALEQUE PADAMSEE AND ORS.versusUNION OF INDIA AND ORS.

2007 INSC 760Disposed off

The petitioners alleged that the police in Maharashtra and Gujarat failed to register FIRs against two respondents for alleged communal speeches constituting cognizable offences and also failed to grant sanction under Section 196 of the CrPC. They sought a writ under Article 32 directing the police …

STATE OF MAHARASHTRAversusRAJU BHASKAR POTPHODE

2007 INSC 762Dismissed

The State of Maharashtra charged Raju Bhaskar Potphode with murder under Section 302 IPC for allegedly stabbing Sunil Gore during a cricket match dispute. The trial court convicted Potphode based primarily on the testimony of PW‑2, a close relative of the deceased, despite other witnesses recanting …

MICROWAVE PROJECT, KOTA AND ANR.versusRAMESH CHAND

2007 INSC 763Appeal(s) allowed

Ramesh Chand was engaged as a casual labourer for a specific microwave project and worked for more than 240 days before the project was completed and the office was abolished. He challenged his termination, arguing that it violated the mandatory requirements of Section 25-F of the Industrial …

MOHD. YASEENversusSTATE OF U.P.

2007 INSC 758Disposed off

Mohd. Yaseen was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to one year of rigorous imprisonment. His appeal was dismissed and a revision petition before the Allahabad High Court was also rejected. He filed a petition under Section 482 of the …

MAULANA NASEERUDDLN MOHD. HANEEFUDDLNversusSTATE OF GUJARAT

2007 INSC 759Dismissed

The appellant, Maulana Naseeruddin, was charged under the Prevention of Terrorism Act, 2002 (POTA) and the IPC for allegedly conspiring to murder Hindu leaders by training youths in Pakistan. A confessional statement was recorded by the DCP under Section 32 of POTA on 7 November 2004, which the …

HARIDAS DASversusSMT. USHA RANI BANIK & ORS.

2007 INSC 757Disposed off

Haridas Das filed an interim application in Civil Appeal No. 7948/2004 making serious allegations of corruption and immorality against the Chief Justice of India and several other judges. The Supreme Court issued a show‑cause notice, and the applicant’s reply contained even more contemptuous …

STATE, CBI, HYDERABADversusEDWIN DEVASAHAYAM

2007 INSC 753Appeal(s) allowed

The accused, an Assistant Commercial Manager in the Indian Railways, demanded and accepted a Rs 300 bribe from his subordinate, PW‑1, leading to a CBI investigation and charge‑sheet. The Special Judge convicted him under Section 7 of the Prevention of Corruption Act, 1988. The Andhra Pradesh High …

MUKKARRAM ALI KHANversusSTATE OF U.P. & ORS.

2007 INSC 754Appeal(s) allowed

Mukkarram Ali Khan appealed against an order of the appellate authority under the Urban Land Ceiling Regulation Act, 1976, contending that the issues had already been decided by a prior order. The High Court refused to interfere, holding that the point was not raised before it. The appellant …

M/S. HMT LTD .versusCOMMNR. CENTRAL EXCISE & CUSTOMS, AURANGABAD

2007 INSC 755Dismissed

The appellant, HMT Ltd., a manufacturer of dairy machinery, classified its machines such as pasteurizers, chillers, pumps, separators and butter packing machines under Chapter 84.34 of the Central Excise Tariff Act, 1985. The revenue authorities issued show‑cause notices alleging mis‑classification …

A.M. RAMANNAversusLAND TRIBUNAL, MANDY TALUK AND ORS.

2007 INSC 749Appeal(s) allowed

The dispute concerned a parcel of land mortgaged by Bore Gowda to his brother Thammaiah in 1960, redeemed in 1963, and allegedly leased to Thammaiah. Bore Gowda later sold the land to his father‑in‑law Karigowda, who in turn sold it to the appellant Ramanna in 1972. Thammaiah claimed occupancy …

PAPER PRODUCTS LTD .versusCOMMNR. OF CENTRAL EXCISE, MUMBAI

2007 INSC 750Disposed off

Paper Products Ltd., a manufacturer of printed flexible packaging, was found by the Central Excise authorities to have omitted the cost of its printing cylinders from the assessable value of its laminates and pouches, leading to a demand for additional duty and a penalty. The Tribunal remanded the …

BANSHILAL SONI (DEAD) THROUGH LRS.versusKASTOOR CHAND BEGANI (DEAD) BY L.RS. & ORS.

2007 INSC 751Disposed off

The plaintiff claimed that the defendants had agreed to sell a house for Rs 5 lakhs and had taken an advance of Rs 50,000, seeking specific performance of the sale. The defendants contended that the Rs 50,000 was a loan secured by an agreement to sell the house as collateral, and that the plaintiff …

M/S. DLF POWER LIMITEDversusCENTRAL COALFIELDS LTD. AND ANR.

2007 INSC 746Hearing Adjourned

The Supreme Court heard civil appeals challenging the Appellate Tribunal for Electricity’s dismissal of an appeal against the Jharkhand State Electricity Regulatory Commission’s tariff order concerning two power plants of DLF Power Ltd. The Court examined whether the State Commission had …

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARDversusNANDI COLD STORAGE PVT. LTD.

2007 INSC 743Case Partly allowed

The Karnataka Industrial Areas Development Board allotted a 2.5‑acre plot to Nandi Cold Storage Pvt Ltd for a cold‑storage project. Subsequent litigation by the original landowners resulted in a High Court stay order, preventing construction, and the company's loan from Karnataka State Financial …

MANJULA SINHAversusSTATE OF U.P. & ORS.

2007 INSC 744Disposed off

Manjula Sinha filed a petition under Section 482 of the CrPC seeking quashing of an FIR registered under Sections 498A and 406 IPC. The Allahabad High Court dismissed the petition, directing that she not be arrested and imposing a maintenance condition. On appeal, the Supreme Court examined the …

CONTROLLER OF DEFENCE ACCOUNTS, DEHRADUN AND ORS.versusDHANI RAM AND ORS.

2007 INSC 738Appeal(s) allowed

The respondents, who had worked as casual labourers in the office of the Controller of Defence Accounts between 1989 and 1995, claimed entitlement to regularisation under the Government of India's 1993 "Casual Labourers (Grant of Temporary Status and Regularisation) Scheme" after being disengaged …

NEW INDIA ASSURANCE COMPANY LTD.versusSMT. SHANTI PATHAK AND ORS.

2007 INSC 739Case Partly allowed

The Supreme Court examined two motor accident death claims where the Motor Accidents Claims Tribunal had applied multipliers based on the age of the deceased to calculate loss‑of‑income compensation under Section 173 of the Motor Vehicles Act, 1988. In the first case, a 25‑year‑old deceased’s …

M/S R.N. JADI & BROTHERS AND ORS.versusSUBHASHCHANDRA

2007 INSC 740Appeal(s) allowed

The appellants were served summons but filed their written statement two days after the 90‑day deadline prescribed by Order VIII Rule 1 of the Code of Civil Procedure (CPC). The trial court nevertheless accepted the statement, a decision challenged before the Karnataka High Court on the ground that …

STATE OF KERALA AND ORS.versusK. PRASAD AND ANR.

2007 INSC 727Appeal(s) allowed

Two aided primary schools in Kerala applied for upgradation to secondary level but the State rejected the applications citing lack of funds and non‑compliance with the Kerala Education Rules, 1959. The schools claimed discrimination, arguing that two other schools had previously been upgraded by …

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.

2007 INSC 730Hearing Adjourned

The Supreme Court entertained a public‑interest writ petition filed by the People’s Union for Civil Liberties seeking compliance with its earlier direction that the Government of India sanction and operationalise a minimum of 14 lakh Anganwadi centres under the Integrated Child Development Scheme by …

STATE OF KARNATAKAversusKHATU@ HANUMANTHARAYA

2007 INSC 733Case Allowed

The State of Karnataka prosecuted Khatua for setting his brother‑in‑law on fire, resulting in death. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment. On appeal, the Karnataka High Court altered the conviction to Section 304 Part‑II IPC, reasoning …

GENERAL INSURANCE COUNCIL AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

2007 INSC 734Disposed off

The General Insurance Council filed a writ petition seeking a direction to all State Governments and Union Territories to ensure that police officers comply with Section 158(6) of the Motor Vehicles Act, 1988, which obliges them to forward accident reports to the appropriate Claims Tribunal and …

M/S. DIT (INTERNATIONAL TAXATION), MUMBAIversusM/S. MORGAN STANLEY & CO.

2007 INSC 735Case Partly allowed

Morgan Stanley & Co. (MSCo) sought an advance ruling on whether it had a permanent establishment (PE) in India through its Indian subsidiary, Morgan Stanley Advantage Services Pvt Ltd (MSAS), and on the appropriate transfer pricing method for the services rendered. The Authority for Advance Rulings …

BALBIR SINGHversusSTATE OF DELHI

2007 INSC 711Dismissed

Balbir Singh and Paljit Kaur were charged under Sections 3, 4, 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and Sections 25 and 26 of the Arms Act, 1959 for offences alleged to have occurred on 5 December 1992. The Designated TADA Court, on 19 April 1997, held the …

STATE. NCT OF DELHIversusMALVINDER SINGH

2007 INSC 712Appeal(s) allowed

The accused were stopped by a police patrol team on a public road after an informer disclosed that they possessed opium. The police, aided by senior officers, searched the scooter and recovered opium, leading to conviction under Section 17 of the NDPS Act. The accused appealed, arguing that the …

MANUBHAI ATABHAIversusSTATE OF GUJARAT

2007 INSC 713Dismissed

Manubhai Atabhai and his brothers attacked the complainant's son, Danabhai, during a dispute over a wall. Manubhai stabbed Danabhai in the stomach with a six‑inch knife, causing a deep wound that penetrated the liver, a vital organ, and the victim died instantly. The trial court convicted Manubhai …

STATE OF U.PversusSURENDRA KUMAR SOLANKI

2007 INSC 714Disposed off

The State of Uttar Pradesh appealed against a Allahabad High Court order that granted bail to Surendra Kumar Solanki, an accused under IPC sections 363 and 366 and the SC/ST Act, 1989. While granting bail, the High Court issued sweeping criticisms of the State Government and police, alleging …

SUKHDEVversusSTATE OF PUNJAB

2007 INSC 715Dismissed

The appellant Sukhdev was charged with murder of his brother‑in‑law Kishan Singh and with causing injuries to two other persons under Sections 302, 324 and 326 of the IPC. The incident arose from a quarrel after Sukhdev alleged that the deceased had set fire to a heap of chaff; he retrieved a knife …

SHAIKAH BAKSHU AND ORS.versusSTATE OF MAHARASHTRA

2007 INSC 716Appeal(s) allowed

The deceased Rubina, a married woman, died from severe burn injuries allegedly caused by her husband, sister‑in‑law and mother‑in‑law who were charged under IPC s.302 read with s.34 and s.498‑A. The trial court and the Bombay High Court convicted the accused primarily on two dying declarations …

STATE OF PUNJAB AND ORS.versusKULDIP SINGH

2007 INSC 717Case Partly allowed

Kuldip Singh was injured when police fired on him during a terrorist chase on 7 July 1991, resulting in the loss of his right forearm. He received a special ex-gratia grant of Rs 20,000 and Rs 3,378 for medical expenses under a 1991 government notification that fixed a ceiling for such relief. Ten …

PRABHAKARANversusSTATE OF KERALA

2007 INSC 718Case Partly allowed

A ten‑year‑old boy was fatally run over by a bus driven at high speed by the appellant. The trial court convicted the driver under Section 304 Part II of the IPC for culpable homicide not amounting to murder, imposing five years' rigorous imprisonment, a decision affirmed by the Kerala High Court. …

STATE OF RAJASTHANversusCHITTARMAL

2007 INSC 719Dismissed

The deceased's father and brother died after touching a live electric wire that the accused, Chittarmal, had allegedly fixed near a field. The prosecution alleged that the wire was placed with the intention to kill the father, leading to a conviction under Section 302 IPC by the trial court. The …

KRISHNA & ANRversusSTATE OF U.P

2007 INSC 720Dismissed

Krishna, Kaira and Sumera borrowed money from Chunua Chamar and later denied the debt. When the deceased went to lodge a police complaint, the accused assaulted him with lathis, causing his death. The trial court convicted them of murder, attempt to murder and assault under Sections 302, 307 and 323 …

STATE OF MADHYA PRADESH & ANR.versusBACHHA LAL & ANR.

2007 INSC 721Case Allowed

The brothers Bachha Lal and others sued a Sales Tax Officer of the State of Madhya Pradesh alleging that he abused his powers to conduct illegal searches, revoked their sales‑tax registration and lodged a false criminal complaint under Section 353 IPC, leading to a malicious prosecution claim. The …

CENTRAL BUREAU OF INVESTIGATIONversusSTATE OF GUJARAT

2007 INSC 722Appeal(s) allowed

The Chief Judicial Magistrate ordered the Central Bureau of Investigation (CBI) to investigate a theft of cash (Muddamal) and later rejected the CBI's request to recall that order. The CBI challenged both orders before the Gujarat High Court, which held the petition non‑maintainable, directing that …

KULWANT SINGH@ KULBANSH SINGHversusSTATE OF BIHAR

2007 INSC 723Dismissed

Kulwant Singh and Awadh Singh were convicted under Section 302 read with Section 109 of the IPC for abetting the murder of Manji Singh by Uma Shankar, who shot the victim after being urged to do so. The appellants challenged the conviction on two grounds: that the eye‑witnesses were relatives of the …

HEERA AND ANR.versusSTATE OF RAJASTHAN

2007 INSC 705Dismissed

The appellants were convicted under Section 395 IPC for assaulting a complainant at a petrol pump and stealing cash. The trial court relied on eyewitness testimony and a test identification parade (TI parade) in which the accused were identified by two witnesses; the prosecution also recovered the …

STATE OF HARYANAversusJAGAT PAUL & ORS.

2007 INSC 706Disposed off

The deceased and his brother were attacked with lathis and gandasis by four accused, resulting in the deceased's death due to severe head injuries. The trial court convicted all four under Section 302 read with Section 34 of the IPC and also under Section 323 with Section 34. The High Court …