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ARIJIT PASAYAT

1966 judgments · newest first · showing 1201–1400

HAZARILALversusSTATE OF M.P.

2007 INSC 707Appeal(s) allowed

Hazarilal and his mother were tried for offences under Sections 304B and 498A of the IPC after Hazarilal's wife, Dashoda Bai, died by self‑immolation ten days after giving birth. The trial court convicted both of the accused, but the Madhya Pradesh High Court acquitted them of the dowry‑death charge …

STATE OF U.P.versusRAJA RAM AND ORS.

2007 INSC 708Dismissed

The State of U.P. appealed against the Allahabad High Court’s judgment acquitting three of six accused in a murder case. The deceased, Yadunath Chauhan, was allegedly attacked by six men, two with spears and four with lathis, on the exhortation of Ram Prasad, resulting in his death. The trial court …

STATE OF U.P.versusJAI PRAKASH

2007 INSC 709Dismissed

The dead body of a seven‑year‑old boy was recovered from a well; he had last been seen with the accused, Jai Prakash, who was alleged to have animosity towards the victim’s family and a motive to use the child to facilitate a sexual assault on a woman. The trial court convicted the accused under …

LALA RAMversusSTATE OF RAJASTHAN

2007 INSC 710Dismissed

The appellant Lala Ram and others were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Prabhu and Raghuveer, who were attacked by a large group. The High Court upheld the conviction based on the testimony of PW‑3, who gave water to the dying victims, and …

STATE OF MAHARASHTRA & ORS.versusMEHAMUD

2007 INSC 701Case Partly allowed

The State of Maharashtra detained Mehamud under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981, labeling him a "dangerous person" on the basis that he was involved in fourteen criminal cases and several pending offences under IPC Chapters …

KISHORI LALversusSTATE OF M.P.

2007 INSC 702Appeal(s) allowed

The appellant, Kishori Lal, was convicted under Section 306 of the IPC for abetment of his wife Rajkumari's suicide. The Supreme Court examined whether the prosecution had established any act of incitement or assistance by the husband, as required under Section 107 IPC. It held that "abetment" …

STATE OF MADHYA PRADESHversusCHAMRU@BHAGWANDAS ETC. ETC.

2007 INSC 703Dismissed

The State of Madhya Pradesh charged Chamru and Geetabai with the quadruple murder of a family, alleging the accused acted out of a land dispute. Three child witnesses identified the accused in a Test Identification Parade, leading the trial court to convict Chamru (death) and Geetabai (life …

DAYA RAMversusRAGHUNATH & ORS.

2007 INSC 700Case Partly allowed

The case concerned a plot of land allotted to Respondent No. 1 under the U.P. Zamindari Abolition Act, 1950. The appellant, a co‑villager, challenged the allotment on the ground that the respondent was not land‑less and that procedural requirements were not complied with. The Collector cancelled the …

NIRANJAN SINGHversusSTATE OF MADHYA PRADESH

2007 INSC 696Dismissed

The appellants, including Niranjan Singh, were convicted for robbery and for attempting to cause grievous hurt after they assaulted the shopkeeper with a knife, inflicting injuries on his chest just below the nipple and on his arm. The appellants contended that the injuries did not amount to …

DEEPAK RAJAKversusSTATE OF WEST BENGAL

2007 INSC 697Appeal(s) allowed

The appellant, Deepak Rajak, was convicted under Sections 302 and 201 read with Section 34 of the IPC. The co‑accused in the same case were later acquitted by the Supreme Court. The appellant sought to enjoy the benefit of that acquittal, but the State argued that he was not entitled because he had …

STATE OF PUNJABversusSANJIV KUMAR@ SANJU AND ORS.

2007 INSC 698Dismissed

The State of Punjab appealed against the Punjab & Haryana High Court's acquittal of six accused persons in a case where nine individuals were charged under Sections 302, 323 read with Section 149 IPC for a violent altercation over photographs that resulted in two deaths. The trial court had …

STATE OF RAJAS THANversusOM PRAKASH

2007 INSC 693Appeal(s) allowed

The State of Rajasthan appealed against the acquittal of Om Prakash, who had been convicted for murder under Section 302 IPC by the trial court based primarily on the testimony of a single eyewitness who was the younger brother of the deceased. The Rajasthan High Court set aside the conviction, …

ASHOK PANDEYversusKM. MAYAWATI AND ORS.

2007 INSC 694Dismissed

The petition under Article 32 sought a writ of quo warranto against the Chief Minister and a Minister, alleging that their appointment was invalid because they were members of the Rajya Sabha and not of the State Legislature, thus supposedly falling outside Article 164(4). The Supreme Court examined …

STATE OF MADHYA PRADESHversusSEWA SINGH

2007 INSC 695Dismissed

The deceased was in police custody and was alleged to have been slapped and kicked on his testicles by the Sub‑Inspector, resulting in his death. The trial court convicted the Sub‑Inspector under Section 304 Part II of the IPC based on the testimony of a witness (PW‑6). The High Court acquitted, …

ASHOK KUMARversusSTATE OF N.C.T. OF DELHI AND ORS.

2007 INSC 692Appeal(s) allowed

The appellant, Ashok Kumar, was convicted under Sections 304B and 498A of the IPC for the death of his wife. He appealed to the Supreme Court, arguing that the presumption of dowry death under Section 113B of the Evidence Act does not apply because the marriage had lasted more than ten years, …

STATE OF RAJASTHANversusWAKTENG

2007 INSC 691Dismissed

The State of Rajasthan prosecuted Wakteng and two others for murder, relying on a statement recorded two days after the assault (Exb.P-10) as a dying declaration and on the recovery of a sword allegedly used in the crime. The High Court acquitted the accused, holding that the statement could not be …

K.V.S. AND ORSversusJASPAL KAUR AND ORS.

2007 INSC 688Appeal(s) allowed

Respondent No.1, a teacher employed by Kendriya Vidyalaya Sangathan (KVS), exercised the option to remain in the Contributory Provident Fund (CPF) scheme and was allotted a CPF account number. She later sought to switch to the General Provident Fund (GPF) scheme, but KVS rejected her request, …

ANANTA DEB SINGHA MAHAPATRA AND ORS.versusSTATE OF WEST BENGAL

2007 INSC 689Appeal(s) allowed

The appellants were convicted for murder (IPC s.304 Part II) and related offences after assaulting the deceased and his family while cutting paddy from their field. They contended that the FIR was tampered with and that they acted in private defence. The Supreme Court held that the FIR was genuine …

AJAY SINGHversusSTATE OF MAHARASHTRA

2007 INSC 690Appeal(s) allowed

The accused Ajay Singh was convicted of murdering his wife under Section 302 IPC, primarily on the basis of an alleged extra‑judicial confession and the presence of kerosene on his clothing. The Supreme Court examined whether the confession, recorded by witnesses who were either inimical or had a …

SHIV ANAND MALLAPPA KOTIversusTHE STATE OF KARNATAKA

2007 INSC 681Appeal(s) allowed

The husband (appellant) was convicted under Section 498‑A of the IPC for the death of his wife by burn injuries, the prosecution alleging a dowry demand. The trial court also convicted the mother‑in‑law and brother‑in‑law under the same provision and the Dowry Prohibition Act, but the High Court …

THE COMMISSIONER. PROHIBITION AND EXCISE, A.P. AND ANR.versusSHARANA GOUDA

2007 INSC 682Appeal(s) allowed

The respondent owned a jeep that was taken by a friend and used to transport contraband liquor, leading to its seizure under the Andhra Pradesh Excise Act, 1968. The respondent filed a writ petition claiming he had no knowledge of the offence and that mens rea was required for confiscation. The High …

STATE OF RAJASTHANversusBABU RAM

2007 INSC 683Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Babu Ram, who had been found with contraband in a bag and convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Rajasthan High Court set aside the conviction on the ground that Section 50 of the NDPS Act, …

JAGVIR SINGH AND ORS.versusSTATE(DELHI ADMN.)

2007 INSC 684Dismissed

The appellants Jagvir Singh and others were convicted by a trial court under IPC sections 342, 365, 330 read with 34. The Delhi High Court upheld the conviction, observing that the appellants’ counsel had not challenged the conviction but only argued on the quantum of sentence, and it found the …

IQBALBANOversusSTATE OF U.P. AND ANR.

2007 INSC 685Disposed off

Iqbalbano, married in 1959, filed a petition under Section 125 of the Code of Criminal Procedure in 1992 seeking maintenance from her husband, who claimed that he had divorced her by pronouncing "Talaq" three times, had paid the Mehr and that the Iddat period had ended. The Judicial Magistrate …

OM PRAKASHversusSTATE (NCT) OF DELHI

2007 INSC 686Disposed off

Om Prakash was convicted under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling 'Khoya' whose milk‑fat content was 19.07% instead of the prescribed minimum of 20%. The trial court sentenced him to six months' imprisonment and a fine of Rs 2,000. After …

STATE OF HARYANAversusSURESH

2007 INSC 687Appeal(s) allowed

The appellant State of Haryana appealed the High Court's acquittal of Suresh, who had been convicted under Section 18 of the NDPS Act for possession of opium discovered in a false bottom of his attaché case. The High Court set aside the conviction on the ground that the search of the bag violated …

BAPU@ GAJRAJ SINGHversusSTATE OF RAJASTHAN

2007 INSC 679Dismissed

The appellant, Bapu/Gajraj Singh, was convicted of murder under s.302 IPC for beheading his wife with a blood‑stained sickle. He claimed exemption under s.84 IPC, asserting that he was of unsound mind at the time of the offence. The trial court and the Rajasthan High Court rejected the plea, and the …

STATE OF MADHYA PRADESH.versusNISAR

2007 INSC 680Dismissed

The State of Madhya Pradesh prosecuted Nisar for the double murder of two graziers under Section 302 of the Indian Penal Code. The prosecution’s case relied on Nisar’s alleged extra‑judicial confession, the recovery of the victims' bodies, and an axe found stained with human blood, although the …

STATE OF HARYANAversusSURENDER AND ORS. ETC.

2007 INSC 676Appeal(s) allowed

The case involved four accused who, during a robbery on a train in 1994, stabbed one passenger to death and shot another. Eye‑witnesses, who were the victim’s siblings, identified the accused in court, leading to conviction by the trial court. The High Court acquitted them on the ground that no test …

SUKHDEV SINGHversusSTATE OF HARYANA

2007 INSC 678Disposed off

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years' imprisonment. He appealed, but the Punjab and Haryana High Court disposed of his appeal ex parte because his counsel was absent, despite uncertainty whether notice of …

MANIK DAS AND ORS.versusSTATE OF ASSAM

2007 INSC 673Dismissed

The appellants, five men including Manik Das, were convicted of murder under IPC s.302 read with s.34 for assaulting Anil Das with spears, which led to his death. The prosecution relied on eye‑witness statements and a post‑mortem report that matched the witnesses' accounts, naming all five accused. …

M/S. SHAKTHI SEEDS PVT. LTD.versusDY. COMMNR. (CT) AND ANR.

2007 INSC 671Appeal(s) allowed

Mis. Shakthi Seeds Pvt. Ltd., a registered dealer in agricultural seeds, claimed exemption from sales tax on certain seed varieties by invoking G.O.Ms. No. 604 (1991) and G.O.Ms. No. 129 (1989), asserting that the seeds were either certified or truthfully labelled. The Deputy Commissioner, after …

COMMISSIONER OF CENTRAL EXCISE,CHANDIGARHversusM/S. PEPSI FOODS LTD.

2007 INSC 668Case Partly allowed

The appellant, Commissioner of Central Excise, Chandigarh, issued a show‑cause notice in 2000 alleging that Pepsi Foods Ltd had evaded excise duty on sales tax collected. Pepsi had earlier claimed a sales‑tax exemption which was rejected, paid excise duty on a reduced price, and later, while the …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusINDERJIT SINGH

2007 INSC 669Appeal(s) allowed

The workman, Inderjit Singh, claimed that he had been continuously employed as a carpenter by the Punjab State Electricity Board from 31 March 1993 until his termination on 30 April 1997 and sought reinstatement with back wages. The Labour Court held in his favour, directing reinstatement and 50% …

BYVARAPU RAJUversusSTATE OF ANDHRA PRADESH AND ANR.

2007 INSC 667Case Partly allowed

The appellant Byvarapu Raju and his mother were convicted for the death of the appellant's father under Sections 302 and 201 IPC. The appellant contended that the killing occurred during a sudden quarrel and should fall under Exception 4 to Section 300, reducing the offence to culpable homicide not …

MR.C.GUPTAversusGLAXOSMITHKLIN PHARMACEUTICAL LIMITED

2007 INSC 666Dismissed

C. Gupta was appointed as an Industrial Relations Executive (management staff) of Glaxo‑SmithKline Pharmaceuticals and was terminated on 15 September 1982 under a clause allowing dismissal with three months' notice or salary in lieu. He claimed to be a "workman" under Section 2(s) of the Industrial …

COMMISSIONER OF CUSTOMS, KOLKATAversusM/S. PEERLESS CONSULTANCY SERVICES PVT. LTD.

2007 INSC 664Appeal(s) allowed

The Commissioner of Customs, Kolkata, rejected a claim for Duty Entitlement Pass Book (DEPB) credit made by Peerless Consultancy Services Pvt. Ltd. on the ground that the steel balls exported were grossly over‑invoiced and the declared Present Market Value (PMV) was inflated. The Commissioner issued …

COMMISSIONER OF CUSTOM, NEW DELHIversusM/S BROOKS INTERNA TI ON AL AND ORS.

2007 INSC 665Appeal(s) allowed

The case concerned appeals by the Commissioner of Customs against the confiscation of a consignment of readymade garments exported by Mis Brooks International for duty drawback. The revenue authorities seized the goods, invoking Sections 113(c) and (d) of the Customs Act, 1962, alleging that the …

ASSISTANT COMMISSIONER OF INCOME TAXversusRAJESH JHAVERI STOCK BROKERS PVT. LTD.

2007 INSC 662Appeal(s) allowed

The respondent, Rajesh Jha Ver! Stock Brokers Pvt. Ltd., filed its return for AY 2001‑02 showing a loss, which was processed under Section 143(1) of the Income Tax Act. The Assessing Officer later issued a notice under Section 148 alleging that the claim of bad debts was not allowable, and initiated …

AJNALA COOP. SUGAR MILLS LTD.versusSUKHRAJ SINGH

2007 INSC 663Disposed off

Ajnaala Coop. Sugar Mills Ltd. terminated the services of Sukhraj Singh, a seasonal daily‑wage worker. The Labour Court held the termination illegal under Section 25‑F of the Industrial Disputes Act, 1947, which requires a workman to have worked more than 240 days in the preceding twelve months, and …

STATE OF TRIPURA AND ORS.versusBINA CHOUDHARY AND ORS.

2007 INSC 660Appeal(s) allowed

A truck carrying illegal timber was seized under s.52A of the Indian Forest (Tripura Second Amendment) Act, 1986. The owner pleaded guilty and the offence was compounded on payment of Rs.10,000 as valuation and Rs.2,000 as compensation. The vehicle’s gear box was stolen from the forest range office, …

ZAMINDAR DHARMIK AND SHEKSHNIK NYASversusSIDDHANATH (DEAD) BY LRS.

2007 INSC 661Appeal(s) allowed

The case concerns a 3.23‑acre parcel that formed part of a religious and educational trust whose trustees (the appellants) sought to retain ownership after the Government issued an ejectment notice under s.248 of the Madhya Pradesh Land Revenue Code in 1969. The Sub‑Divisional Officer, exercising …

GARRISON ENGINEER (UTILITY) BHATINDAversusSHRI NARINDER SINGH

2007 INSC 658Disposed off

Shri Narinder Singh, a daily‑wage mazdoor, was engaged by the Garrison Engineer (Utility) of Bhatinda, a Defence Department establishment, from 1 January 1985 to 15 January 1987 and was terminated on 16 January 1987. After about five years he filed a reference seeking regularisation, contending that …

M/S. CONTINENTAL PROFILES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NEW DELHI

2007 INSC 659Dismissed

Continental Profiles Ltd appealed against the Commissioner of Central Excise challenging the classification of electric valve actuators under the Central Excise Tariff Act, 1985. The appellant argued that, based on Guindy Machines and Audco India decisions, the actuators should fall under …

RIZWAN AKBAR HUSSAIN SYYEDversusMEHMOOD HUSSAIN AND ANR.

2007 INSC 629Case Partly allowed

Rizwan Akbar Hussain Syyed was arrested for offences under the IPC and was released on bail by the Additional Chief Metropolitan Magistrate on 10 February 2006 upon furnishing a Rs 10,000 surety, without any specific conditions. The complainant filed an application for cancellation of bail, and a …

CATERPILLAR INDIA PVT. LTD.versusWESTERN COAL FIELDS LTD. AND ORS.

2007 INSC 630Disposed off

The petitioners, a private firm (Caterpillar) and a public sector enterprise (Bharat Earth Movers Ltd.), challenged a series of Government Office Memoranda that granted purchase preference to public sector enterprises (PSEs) in procurement of earth‑moving machines by coal‑field companies. They …

COMMISSIONER OF AGRICULTURAL INCOME TAXversusM.N.MONI

2007 INSC 627Disposed off

The Commissioner of Agricultural Income Tax appealed against a Kerala High Court order that set aside the findings of the Assessing Officer and the Agricultural Income Tax Appellate Tribunal, which had estimated income from 60.79 acres of coffee. The High Court had decided, on a reference under …

ASHOK KUMAR THAKURversusUNION OF INDIA AND OTHERS ETC.

2007 INSC 623Matter referred to larger bench

Ashoka Kumar Thakur filed writ petitions challenging the 93rd Constitution Amendment (which inserted Article 15(5)) and the Central Educational Institutions (Reservation in Admission) Act, 2006. The Union of India argued that the matters raised substantial questions of law and constitutional …

RAM KRIPAL SINGHversusSTATE OF U.P. AND ORS.

2007 INSC 609Dismissed

The State Financial Corporation (SFC) initiated recovery proceedings against a debtor company under Section 29 of the State Financial Corporation Act, 1951. The company was later wound up and an official liquidator was appointed. SFC then filed a recovery citation against the guarantor, Ram Kripal …

K. KRISHNA M.A. RALHANYversusUNION OF INDIA AND ORS.

2007 INSC 611Disposed off

The appellant, K. Krishna M.A. RAIHANY, applied for Indian citizenship by naturalization under Section 6(1) of the Citizenship Act, 1955. He alleged that no order had been passed on his application, while the Union of India and the State of Maharashtra contended that a communication dated 29 August …

UNION OF INDIA AND ANR .versusP.M. RANGASAMI

2007 INSC 581Appeal(s) allowed

The case concerned P.M. Rangasami, an officer of the Indian Economic Service, who claimed that the Central Administrative Tribunal (CAT) had directed his promotion to Higher Administrative Grade (HAG) based on his original seniority. The Union of India argued that the Tribunal’s order only required …

COMMISSIONER OF CENTRAL EXCISE, INDOREversusMIS. CETHAR VESSELS LTD. AND ORS.

2007 INSC 582Disposed off

The Commissioner of Central Excise, Indore appealed against the CEGAT order that held no excise duty was payable on the erection of boiler, membrane‑cell and solvent‑extraction plants assembled on site by Mis Cethar Vessels Ltd. The core issue was whether such assembly created immovable property or …

KAUSHALYA DEVIversusSHRI KARAN ARORA AND ORS.

2007 INSC 573Dismissed

A claim petition under Sections 166, 140 and 141 of the Motor Vehicles Act, 1988 was filed by the husband of Kaushalya Devi after their 14‑year‑old son died in a road accident. The driver, Karan Arora, was a minor without a licence; the Tribunal held the driver not liable but held the vehicle owner …

RAM KUMAR BARNWALversusRAM LAKHAN (DEAD)

2007 INSC 574Case Partly allowed

The appellant, a landlord, filed a release petition under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. The Prescribed Authority, on the Commissioner’s report, held the petition non‑maintainable and the First Appellate Authority upheld that …

TULIP STAR HOTELS AND ORS.versusUNION OF CENTAUR-TULIP EMPLOYEES AND ORS.

2007 INSC 556Disposed off

Tulip Star Hotels entered into a purchase agreement that required the introduction of a Voluntary Retirement Scheme (VRS). While most workers accepted VRS cheques, a new union of employees demanded that the VRS amounts be paid in separate cheques, which the employer refused to honor. The union filed …

DINKAR MARUTI JADHAVversusNIVRUTII GANGARAM PAWAR (D) BY LRS. & ORS.

2007 INSC 550Matter referred to larger bench

The appeal concerned the interpretation of Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, in a dispute between a landlord and a tenant. The landlord had sought possession under Section 33-B, while the tenant contested on the ground of lack of bona‑fide requirement and …

PATRICK JJ. SALDANHAversusANTONY M. SALDANHA

2007 INSC 531Disposed off

The Supreme Court examined a civil appeal (No. 414 of 2001) challenging a Karnataka High Court order that allowed a second appeal without formulating any substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908. The Court reiterated that under Section 100(3) the …

UNION PUBLIC SERVICE COMMISSIONversusSUKANTA KAR AND ANR.

2007 INSC 532Appeal(s) allowed

The Union Public Service Commission (UPSC) challenged the eligibility of Sukanta Kar, a Departmental Scientific Officer, for promotion to Deputy Advisor (Training) in the Central Public Health and Environmental Organisation. The UPSC argued that the 1985 Deputy Advisor (Training) Recruitment Rules …

PREM KUMAR AND ANR.versusSTATE OF U.P. AND ORS.

2007 INSC 523Disposed off

The respondents filed a writ petition under Article 226 challenging orders issued under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The Allahabad High Court allowed the petition in a summary, cryptic order, relying on a 1986 order of the Prescribed Authority that pertained only to …

Y. SARABA REDDYversusPUTHUR RAMI REDDY AND ORS.

2007 INSC 521Appeal(s) allowed

The complainant filed a murder complaint in which the respondents were initially named in the FIR but were later omitted from the array of accused by a Special Investigating Officer after an alibi investigation and were not included in the charge‑sheet. The complainant later moved the trial court …

SUNDER LALversusSTATE OF RAJASTHAN

2007 INSC 522Case Partly allowed

The deceased Heeralal was attacked at night while sleeping; Sunder Lal struck him on the head with a gandasi and Laxmi Narain injured his legs. He died a few hours later and gave a dying declaration identifying the assailants. The trial court convicted both under Section 302 IPC, a conviction …

M/S. TAARIKA EXPORTS AND ANR.versusUNION OF INDIA AND ANR.

2007 INSC 526Disposed off

Mis. Taarika Exports and others were granted an advance licence to import raw materials free of customs duty, subject to an export obligation to ship 5,400 mulberry silk jackets within nine months. The company imported the raw materials, exported only part of the finished goods and failed to meet …

SATYA NARAYAN AGARWALversusSTATE OF ASSAM

2007 INSC 469Dismissed

The appellant, a shopkeeper, was found guilty of selling adulterated chilli powder and convicted under Section 7 read with Section 16(1) of the Prevention of Food Adulteration Act, 1954, receiving six months' simple imprisonment and a Rs.1,000 fine. The conviction and sentence were upheld by the …

SHAKTI DANversusSTATE OF RAJASTHAN

2007 INSC 470Case Partly allowed

Shakti Dan was convicted under Section 302 IPC for throttling his mother, who died as a result of the assault, and under Section 323 IPC for causing hurt. He appealed, contending that he had no intention to kill his mother and that the charge of murder was inappropriate. The Supreme Court examined …

FAZIKA COOP. SUGAR MILLSversusJATINDER KUMAR GUPTA AND ANR.

2007 INSC 465Disposed off

The workman was dismissed in 1992 and raised an industrial dispute under Section 2A of the Industrial Disputes Act, 1947 in 1994. The Labour Court ordered his reinstatement with back wages and a subsistence allowance, but the management was not allowed to lead evidence and initially failed to pay …

STATE OF PUNJABversusANIL KUMAR

2007 INSC 467Case Partly allowed

Anilkumar, a daily‑wage worker, was intermittently engaged by Punjab Roadways between 1981 and 1985 and thereafter not employed. He filed two civil suits claiming continuous service, both of which he later withdrew. In 1998 he served a demand notice under the Industrial Disputes Act, 1947, leading …

UNION OF INDIAversusS.P.S. RAJKUMAR AND ORS.

2007 INSC 455Disposed off

Group Captain S.P.S. Rajkumar was charged with nine counts of financial impropriety and was tried before a General Court Martial (GCM) which found him guilty of four charges and sentenced him to loss of two years seniority and a severe reprimand. The convening authority ordered a re‑assembly of the …

A. RAMA RAO AND ORS.versusRAGHUNATH PATNAIK AND ORS.

2007 INSC 456Disposed off

The plaintiff alleged an unregistered agreement for the sale of a suit property with defendant No.1, and after learning that the defendant had entered into a second agreement with defendants 2 and 3, the plaintiff sent notices by post to all parties stating the subsistence of the earlier agreement. …

L.I.C. OF INDIAversusANWAR KHAN (SINCE DECEASED) THROUGH LRS.

2007 INSC 449Case Allowed

The Life Insurance Corporation of India (LIC) fixed the retirement age of its field officers at 58 years, but Anwar Khan (deceased) sued for a declaration that the applicable agreement made the retirement age 60 years; the suit was decreed in his favour while a second appeal was pending. During the …

UNION OF INDIA AND ORS.versusKESHAR SINGH

2007 INSC 446Appeal(s) allowed

Keshar Singh, a rifleman discharged from the Army in 1986, was diagnosed with schizophrenia. The Medical Board concluded that the disorder was neither pre‑existing nor attributable to military service. The High Court, relying on para 7(b) of Appendix II of the 1961 Pension Regulations, held that the …

PRADEEP SINGHversusUNION OF INDIA AND ORS.

2007 INSC 440Dismissed

Pradeep Singh, an acting Naik in the Indian Army, was absent without leave for 21 months. Upon his return, his acting rank was withdrawn and he was tried by a Summary Court‑Martial under Sections 39A and 116 of the Army Act, which sentenced him to dismissal. He challenged the conviction on four …

SMT. J. YASHODAversusSMT. K. SHOBHA RANI

2007 INSC 441Dismissed

In J. Yashoda v. K. Shobha Rani, the appellant sought to admit photocopies of documents as secondary evidence. The High Court had marked the photocopies as secondary evidence, but the Supreme Court examined whether such copies could be admitted under Sections 63 and 65 of the Indian Evidence Act. …

UNION OF INDIA AND ORS.versusA.N. MOHANAN

2007 INSC 433Appeal(s) allowed

The Union of India appealed against a decision of the Kerala High Court that had upheld the Central Administrative Tribunal’s order granting the respondent, A.N. Mohanan, promotion retroactively to 1 November 1999 despite a penalty of censure imposed during a pending departmental inquiry. The Court …

V.R. SUDHAKARA RAO AND ORS.versusT.V. KAMESWARI

2007 INSC 434Dismissed

The case involved two related suits concerning a plot of land: one for recovery of possession and a permanent injunction, and another for specific performance of an alleged oral agreement of sale. The plaintiff claimed the defendants had constructed a compound wall on his plot, while the defendants …

U .P. POWER CORPORATION LTD. AND ANR.versusBIJLI MAZDOOR SANGH AND ORS.

[2007] 5 S.C.R. 256Appeal(s) allowed

U.P. Power Corporation Ltd terminated two daily‑wage Chowkidars in 1979. The Industrial Tribunal held the termination illegal under s.25‑F of the Industrial Disputes Act, 1947 and s.6‑N of the U.P. Industrial Disputes Act, 1947, ordered their reinstatement and deemed them regularised after three …

DIRECTOR, FOOD AND SUPPLIES, PUNJAB AND ANR.versusGURMIT SINGH

2007 INSC 431Appeal(s) allowed

Gurmit Singh was employed as a daily‑wage chowkidar by the Director, Food and Supplies, Punjab from 1 June 1985 until his termination on 25 August 1986 without notice or compensation. He invoked the Industrial Disputes Act, 1947 before the Labour Court, which found he had worked more than 240 days …

KANDAPAZHA NADAR AND ORS.versusCHITRAGANIAMMAL AND ORS.

2007 INSC 426Case Allowed

The appellants (defendants in the earlier suit) challenged a Madras High Court order that, after allowing them to withdraw their 1973 suit without liberty to file a fresh suit, barred them from raising the defence that the conveyance deed was invalid. The Supreme Court examined whether such a …

D.G.M. (HR) P.G. CORPORATION OF INDIA LTD.versusT. VENKAT REDDY AND ORS.

2007 INSC 420Disposed off

The respondents, who were land oustees whose property was acquired by the appellant corporation for a sub‑station, filed a writ petition seeking that the corporation consider them for suitable employment as displaced persons. The High Court directed the corporation to consider their cases as per any …

RAMA PASWAN AND ORS.versusSTATE OF JHARKHAND

2007 INSC 421Dismissed

The case arose from an FIR alleging that the accused raped PW4 on 30 May 1992. After a protracted trial (1994‑2004), the accused sought to recall the victim for further cross‑examination under Section 311 of the CrPC, claiming that the parties had settled the dispute outside court and that the …

GOMTIversusTHAKURDAS AND ORS.

2007 INSC 422Case Partly allowed

The complainant appealed against the Allahabad High Court's orders granting bail to five convicted respondents under Section 389 of the Code of Criminal Procedure, 1973, while their appeals against convictions for murder and related offences were pending. The High Court had justified the bail on the …

SUPREME COURT BAR ASSOCIATIONversusUNION OF INDIA AND ORS.

2007 INSC 423Case Allowed

The Supreme Court Bar Association filed a writ petition under Article 32 challenging the appointment of retired High Court judges as Executive Chairmen of State Legal Service Authorities, alleging it contravenes the Legislative Services Authorities Act, 1987 and hampers the authorities' …

SHEIKH IKRAM SHEIKH ISRAIL AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 413Disposed off

The appellants, residents of Bhandara, manufacture brass utensils in their homes. The Superintendent of Police issued notices ordering them to cease operations, alleging that the mechanical processes generated noise pollution that disturbed nearby residents, teachers, and students. The High Court …

UNION OF INDIAversusYUMNAM ANAND M. @BOCHA @ KORA @ SURAJ AND ANR.

2007 INSC 414Appeal(s) allowed

The Union of India appealed against a Gauhati High Court order that quashed a preventive detention order issued under Section 3(3) of the National Security Act, 1980. The detenu had filed a representation against his detention, and the Ministry of Home Affairs sought comments from the sponsoring …

GAJANAND AGARWALversusSTATE OF ORISSA AND ANR.

2007 INSC 415Appeal(s) allowed

The appellant's daughter died within five months of her marriage, leading to FIRs under Sections 498A, 304B, 302, 406 IPC and Section 4 of the Dowry Prohibition Act. Multiple bail applications under Section 438 of the CrPC were filed by the accused, initially rejected by the Sessions Judge and the …

MUKESH TIKAJI BORAversusUNION OF INDIA AND ORS.

2007 INSC 408Dismissed

The appellant challenged the preventive detention of his brother Bherchand Tikaji Bora under Section 3(1) of COFEPOSA, arguing that the detenu had been fully exonerated in adjudication proceedings under FERA and that this should nullify the detention order. The High Court dismissed the writ, holding …

M.M.S. INVESTMENTS, MADURAI AND ORS.versusV. VEERAPPAN AND ORS.

2007 INSC 409Dismissed

M.M.S. Investments sued Veerappan and others for specific performance of a sale agreement. After a decree was passed, the defendants sold the disputed land to new purchasers who were impleaded in the appeal. The High Court allowed the impleadment but held that the defence of readiness and …

PAUL VARGHESEversusSTATE OF KERALA AND ANR.

2007 INSC 405Disposed off

The case concerned the prosecution of three accused under the Prevention of Corruption Act, 1988. The sanctioning authority approved prosecution of only one accused, but the trial court later impleaded the other two under Section 319 of the Code of Criminal Procedure, 1973, holding that this …

SHIV KANT YADAVversusINDIAN OIL CORPORATION AND ORS.

2007 INSC 388Dismissed

Indian Oil Corporation invited applications for a dealership and prepared a selection panel that initially included Shiv Kant Yadav. Other candidates complained that Yadav had not fully disclosed his income in the application. An enquiry found that Yadav’s actual income exceeded the amount he …

STATE OF KERALA AND ANR.versusM.A. MATHAI

2007 INSC 393Appeal(s) allowed

The State of Kerala appealed a judgment that had awarded damages to contractor M.A. Mathai for alleged delay in completing work. The contractor claimed that extensions and supplemental agreements were obtained under coercion and that, lacking an escalation clause, he was entitled to damages. The …

STAR INDIA PVT. LTD.versusSEA T.V. NETWORK LTD. AND ANR.

2007 INSC 363Dismissed

Star India Pvt. Ltd., a broadcaster, entered into an exclusive distribution agreement with Moon Network Pvt. Ltd., a multi‑system operator (MSO), for the Agra territory. Sea TV Network Ltd., another MSO, sought direct signals from Star India but was directed to obtain them from Moon Network, its …

ARUN KUMAR AND ORS.versusUNION OF INDIA AND ORS.

2007 INSC 364Case Partly allowed

Ms. Amrit Brar was appointed as an Assistant Commandant in the CRPF on compassionate grounds in 1989 and later deputed to the Punjab Police as a Superintendent in 1993, retaining her lien in the CRPF until her absorption as Deputy Superintendent of Police in Punjab Police in 1998. The appellants, …

M/S. HINDUSTAN GRANITESversusUNION OF INDIA AND ORS.

2007 INSC 367Disposed off

The Supreme Court examined the validity of a 2005 circular and notification that amended the Foreign Trade Policy 2004‑2009 to prohibit 100% Export Oriented Units (EOUs) from making Domestic Tariff Area (DTA) sales of finished marble produced from imported rough marble. The petitioners, several …

M/S OJAS INDS. (P) LTD.versusM/S OUDH SUGAR MILLS LTD. AND ORS.

2007 INSC 360Disposed off

The dispute arose when Ojas Industries filed an Industrial Entrepreneur Memorandum (IEM) to set up a sugar mill, and Oudh Sugar Mills filed a later IEM within 7.2 km of Ojas' proposed site. The Delhi High Court held that the 15‑km distance rule applied only between an existing and a proposed mill, …

MANOversusSTATE OF TAMIL NADU

2007 INSC 361Dismissed

The appellant Mano was convicted, along with three others, for the murder of Pasupathy under Section 302 read with Section 34 of the IPC. The prosecution case relied on the testimony of two brothers of the deceased and on weapons recovered after the incident, though the weapons were not subjected to …

CHAIRMAN, U.P. JAL NIGAM AND ANR.versusRADHEY SHYAM GAUTAM AND ANR.

2007 INSC 355Dismissed

The respondent, a former employee of Uttar Pradesh Jal Nigam, filed a writ petition seeking to remain in service until the age of 60, arguing that the amendment of Rule 56(a) of the Uttar Pradesh Fundamental Rules, which raised the retirement age for state government servants from 58 to 60, should …

SMT. MANJURI BERAversusTHE ORIENTAL INSURANCE COMPANY LTD. AND ANR.

2007 INSC 356Appeal(s) allowed

The appellant, a married daughter of a deceased motor‑vehicle accident victim, filed a claim petition under Section 140(2) of the Motor Vehicles Act, 1988. The insurer contended that she was not entitled to compensation because she was not financially dependent on her father. The Motor Accident …

ASHOKA KUMAR THAKURversusUNION OF INDIA AND ORS

2007 INSC 346Case Allowed

The petitioners challenged the Central Educational Institutions (Reservation in Admission) Act, 2006, specifically the 27% reservation for Other Backward Classes (OBCs) under Section 6, arguing that the Act was based on unreliable data, ignored the creamy‑layer principle, and violated Articles 14, …

NATIONAL THERMAL POWER CORPN.versusJAWAHAR LAL AND ANR.

2007 INSC 344Appeal(s) allowed

Jawahar Lal was engaged on a casual basis as a Survey Boy by National Thermal Power Corporation from 3 October 1977 until his termination on 15 February 1981. He claimed that his termination was illegal because the employer did not give prior notice, notice‑pay or retrenchment compensation, invoking …

RISHI KUMAR GOVILversusMAQSOODAN AND ORS.

2007 INSC 345Dismissed

The landlady, Maqsoodan, purchased a shop and filed a release application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bonafide need to set up a firearms‑repair business for her son. The prescribed authority allowed …

STATE OF H.P.versusMUSHTAQ AHMAD

2007 INSC 340Dismissed

The State of Himachal Pradesh filed a Special Leave Petition challenging the Himachal Pradesh High Court's order that summarily dismissed its application for leave to appeal an acquittal under Section 378(3) of the Criminal Procedure Code, without providing any reasons. The Supreme Court examined …

SARWAN SINGHversusKISHAN SINGH (DEAD) THR. LRS. AND ORS.

2007 INSC 341Appeal(s) allowed

Sarwan Singh filed a second appeal before the Punjab & Haryana High Court challenging a lower court order. On the scheduled date, the appellant failed to appear, and the High Court dismissed the appeal on its merits for non‑appearance. The appellant then applied under Order XLI Rule 19 read with …

M/S ADITYA HOTELS (P) LTD.versusBOMBAY SWADESHI STORES LTD. AND ORS.

2007 INSC 342Appeal(s) allowed

The appellant filed a suit for possession and the respondents filed their written statement 142 days after service of summons, far exceeding the 30‑day period prescribed by Order VIII Rule 1 of the CPC. The trial court accepted the belated statement on the condition that the appellant pay costs, and …

STATE BANK OF INDIAversusVIJAY KUMAR

2007 INSC 343Dismissed

State Bank of India filed a recovery petition before the Debt Recovery Tribunal, which led to a compromise deed filed in Lok Adalat specifying a payment schedule and a default clause. The respondent defaulted on the schedule but later paid the full settlement amount along with interest for the …

NANSHIBHAI S/O GANESHBHAI MIRANIversusBHUPENDRA P. POPAT AND ANR.

2007 INSC 336Disposed off

The Supreme Court heard a civil appeal challenging a Bombay High Court order that a fresh General Body Meeting of Sri Lohana Mahaparishad be held to consider remaining agenda items after a consent order had directed a meeting. The appellant argued that the newly elected governing body, not the old …

CHANDA (DEAD) THROUGH LRS.versusRATTNI AND ANR.

2007 INSC 337Dismissed

The plaintiff entered into an agreement to purchase land, paid earnest money and was required to pay the balance consideration and obtain execution of the sale deed within two months of the decree for specific performance. The trial court decreed specific performance, directing the defendants to …

RASHTRIYA AUDYOGIK SANSTIIANversusCOMMISSIONER OF TRADE TAX, U.P.

2007 INSC 334Disposed off

The assessee challenged a trade tax demand under the Uttar Pradesh Trade Tax Act, 1948, and obtained relief from the Tribunal. The revenue department filed revision petitions under section 11 of the Act, which the Allahabad High Court allowed, setting aside the Tribunal's orders. The assessee …

ALLAHABAD LADIES CLUBversusJITENDRA NATH SINGH AND ORS.

2007 INSC 320Disposed off

A public‑interest writ petition was filed in the Allahabad High Court alleging that the Company Bagh, a public park, had been converted into a lease‑hold property with illegal constructions in violation of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 …

BISWAJIT HALDER @ BABU HALDER AND ORS.versusSTATE OF WEST BENGAL

2007 INSC 305Appeal(s) allowed

Rupali, married to Biswajit Halder, alleged that her husband and in‑laws repeatedly demanded additional dowry items after the marriage. She committed suicide within seven years of marriage. The trial court convicted the appellants under IPC Sections 304B (dowry death), 498A and the Dowry Prohibition …

RAMKRIPAL S/O SHYAMLAL CHARMAKARversusSTATE OF MADHYA PRADESH

2007 INSC 306Dismissed

The appellant, Ramkripal, was convicted of rape under Section 376 of the IPC for forcibly having sexual intercourse with a woman who was collecting grass. The trial court, based on the victim’s testimony and medical evidence of perineal laceration and a torn hymen, found penetration and sentenced …

MUMMIDI HEMADRI AND ORS.versusSTATE OF ANDHRA PRADESH

2007 INSC 300Appeal(s) allowed

Six persons formed an unlawful assembly and attacked Nellisetti Venu, resulting in his death by stabbing. The three appellants (A‑2, A‑3 and A‑6) were alleged to have caught hold of the deceased, while the other accused inflicted the fatal injuries. The appellants contended that they neither used …

SAI ENTERPRISESversusBHIMREDDY LAXMAIAH AND ANR.

2007 INSC 301Disposed off

The appellant filed a suit for recovery of Rs.4.49 lakh and the respondent No.1 filed a separate suit for foreclosure of a mortgage against the same judgment debtor, respondent No.2. Both suits were decreed against respondent No.2, and execution proceedings were instituted, leading to the sale of …

STATE OF PUNJAB AND ORS.versusDES SANDHU

2007 INSC 299Disposed off

Des Bandhu was appointed as a surveyor on 15 February 1988 and was terminated on 26 March 1989 without notice. He filed a civil suit for a declaration of continuance, which was dismissed, and his appeal was also dismissed in 1997. Subsequently, a reference under Section 10(1)(c) of the Industrial …

M/S UMA SHANKER KAMAL NARAIN AND ANR.versusM/S. M.D. OVERSEAS LTD.

2007 INSC 288Disposed off

The plaintiffs filed a summary suit under Order XXXVII Rule I of the CPC for recovery of amounts due to four dishonoured cheques issued by the defendants. The defendants applied for leave to defend, but the Single Judge of the Delhi High Court held the defence to be a moon‑shine defence and refused …

SUBHAKAR AND ORS.versusHARIDEESH KUMAR AND ORS.

2007 INSC 280Dismissed

The appellants, Subhakar and others, claimed occupancy rights as Chalgeni tenants over two parcels of "Punja" land in Dakshina Kannada under the Karnataka Land Reforms Act, 1961. The respondent, Harideesh Kumar, asserted ownership based on a gift deed. The Land Tribunal initially granted occupancy …

GEEJAGANDA SOMAIAHversusSTATE OF KARNATAKA

2007 INSC 278Dismissed

Geejaganda Somaiah was convicted for the murder of his relative Chengappa, who had been seeking an equitable partition of family land. After Chengappa disappeared while meeting a revenue inspector, his body was found the next day. The appellant surrendered, made a voluntary statement to police, and …

UNION OF INDIAversusANANTO (DEAD) AND ANR.

2007 INSC 274

The respondent filed a writ petition seeking appointment of an arbitrator under Section 8(1)(b) of the Requisition and Acquisition of Immovable Properties Act, 1952. Before the High Court heard the petition, the matter was referred to a Lok Adalat, which directed the Union of India to appoint an …

N.K. WAHIversusSHEKHAR SINGH AND ORS.

2007 INSC 275Dismissed

The appellant filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act against Mis Western India Industries Ltd. and several of its directors, alleging joint liability for dishonoured cheques. The respondents contended they were not directors at the relevant time and that the …

U.O.I.versusJAI PRAKASH SINGH AND ANR.

2007 INSC 263Appeal(s) allowed

The writ petitioner sought permission to operate a Gramin PCO (Village Public Telephone) and the Allahabad High Court, in a non‑reasoned order, held that the Ministry of Communications' guidelines were arbitrary and violative of Article 14, directing the allotment of a VPT. The appellants appealed, …

THE MANAGING DIRECTOR, TNSTCversusSRIPRIYAND ORS.

2007 INSC 264Case Partly allowed

The widow of a bus driver employed by the Tamil Nadu State Transport Corporation (TNSTC) filed a claim for Rs.15,00,000 after his death in a bus accident. The Motor Accident Claims Tribunal awarded Rs.7,72,000 using a multiplier of 16 and 9% interest, also allowing amounts for loss of happiness, …

JANARDHAN NARASIMHA NAYAKversusBALWANT VENKATESH KULKARNI AND ANR.

2007 INSC 247Appeal(s) allowed

The plaintiff (Respondent No. I) filed a suit for specific performance of a 1972 contract of sale. The trial court decreed in his favour, but the First Appellate Court dismissed the appeal. The plaintiff then filed a second appeal under Section 100 of the CPC, which the Karnataka High Court allowed, …

M. VISHWESHWARA SHASTRYversusM. GOPALAKRISHNA BHAT AND ORS.

2007 INSC 248Appeal(s) allowed

M. Vishweshwara Shastry, a defendant in a suit decreed ex-parte, appealed the dismissal of his petition for restoration of the suit. The Karnataka High Court allowed the appeal on payment of costs and directed him to file a written statement within two weeks. Relying on erroneous advice from his …

M/S. WYAWAHARE & SONS AND ORS.versusMADHUKAR RAGHUNATH BHAVE

2007 INSC 249Disposed off

The appellant challenged the Bombay High Court's order allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908. The original suit was filed by the respondent-plaintiff, and after a first appeal was decided in favour of the appellant-defendants, the respondent filed a second …

REGIONAL PROVIDENT FUND COMMISSIONERversusM/S. RAJS CONTINENTAL EXPORTS (P.) LTD.

2007 INSC 250Dismissed

The Regional Provident Fund Commissioner appealed against a Karnataka High Court order that had held Raj's Continental Exports (P) Ltd was not a branch of Mis. Continental Exporters, a proprietorship owned by the same individual who was also the Managing Director of the company. The respondent …

STA TE OF PUNJAB AND ORS.versusSWARAN KAUR AND ORS.

2007 INSC 251Case Partly allowed

The State of Punjab took over Chanan Devi Memorial Girl High School and, through a letter from the Director of Public Instructions, instructed the District Education Officer to ensure that all staff possessed the qualifications prescribed under the Punjab State Class IV Service Rules, 1963. The …

NATIONAL INSURANCE CO. LTD.versusLAXMI NARAIN DHUT

2007 INSC 245Appeal(s) allowed

The Supreme Court considered whether the principles laid down in National Insurance Co. Ltd. v. Swaran Singh (2004) apply to insurance claims other than third‑party risks, particularly own‑damage claims. It held that Section 149 of the Motor Vehicles Act, 1988, which imposes a duty on insurers to …

HIGH COURT OF A.P.versusSPL. DEPUTY COLLECTOR (LA) A.P. AND ORS.

2007 INSC 240Disposed off

The appeal challenged a Division Bench order that the Chief Justice's 2003 notice directing contempt matters to be listed before any judge with the roster to dispose of the main case violated the Contempt of Court Rules. The Supreme Court examined whether such a listing procedure was permissible …

KARNATAKA POWER CORPORATION LTD. AND ANR.versusA.T. CHANDRASHEKAR

2007 INSC 231Appeal(s) allowed

The Karnataka Power Corporation Ltd. conducted an examination for Assistant Accounts Officers and, after allegations that the Chief Examiner had allowed some candidates to write the papers at his house and had performed "test checks" to add marks, sent the answer sheets of two candidates to …

SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.

2007 INSC 232Disposed off

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of …

NALINI SHANKARAN AND ORS.versusNEELKANTH MAHADEO KAMBLE AND ORS.

2007 INSC 224Appeal(s) allowed

The Somvashi Arya Samaj Trust entered into an agreement with the accused to construct a community hall, which the accused failed to do, leading the Trust’s Chief Managing Trustee to file a criminal complaint under Sections 418, 409, 166 read with 114 IPC. The accused obtained a compromise with the …

S.N.S. (MINERALS) LTD. AND ANRversusUNION OF INDIA AND ORS.

2007 INSC 225Dismissed

S.N.S. (Minerals) Ltd. and another challenged the excise authority's order quantifying duty and imposing a penalty on limestone chips. The High Court set aside the penalty but left the duty demand untouched. On appeal, the appellants argued that the High Court should also have struck down the duty …

B.C. SHIVASHANKARAversusB.R. NAGARAJ

2007 INSC 227Disposed off

The appellant, B.C. Shivashankara, challenged a second appeal allowed by the Karnataka High Court in favour of B.R. Nagraj. The High Court had permitted the appeal under Section 100 of the Code of Civil Procedure but failed to formulate any substantial question of law as required by the statute. The …

SHAHJAJHAN AND ORS.versusSTATE OF KERALA AND ANR.

2007 INSC 211Dismissed

The appellants, a group of five men, were convicted for the murder of Abdul Samad and for causing injuries to two eyewitnesses under Sections 302, 324 and 34 of the IPC. The High Court altered one conviction from Section 302 to Section 304 (II) but upheld the others. On appeal, the accused argued …

SHRI VISHWA NATH SHARMAversusSHYAM SHANKAR GOELA AND ANR.

2007 INSC 214Dismissed

The plaintiff sued for specific performance of a 1978 agreement to sell a plot that was sub‑leased by a cooperative society and required Delhi Development Authority (DDA) permission for transfer. The defendant‑appellant cancelled the agreement, returned the advance and claimed the plot could not be …

KRISHNAMURTHY S. SETLUR DEAD BY LRS.versusO.V. NARASIMHA SETTY & ORS.

2007 INSC 192Appeal(s) allowed

The case arose from a long‑running dispute over ownership of certain lands originally sold by Kalyana Sundram Iyer. K.S. Setlur claimed title by adverse possession, asserting that tenant Shyamala Raju had attorned to him in 1946 and that he had been in possession for more than twelve years, a claim …

D.K. GANESH BABUversusP.T. MANOKARAN AND ORS.

2007 INSC 191Case Partly allowed

The complainant appealed against a Madras High Court order that granted anticipatory bail under Section 438 of the Cr.P.C. to three accused who were apprehending arrest in a dowry‑related murder case. The High Court had stipulated detailed conditions and effectively released the accused without …

NATHUNI RAMversusRAGHUPAT RAM AND ORS.

2007 INSC 200Appeal(s) allowed

Nathuni Ram filed a suit for declaration of title and confirmation of possession over 36 decimal of land. The trial court dismissed the suit, but the first appellate court allowed him possession of 22 decimal and gave the defendants possession of the remaining 14 decimal. Nathuni Ram appealed to the …

RAM PRASAD RAI @ RAM PRASAD SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

2007 INSC 201Disposed off

The appellants, Ram Prasad Rai and others, challenged the legality of a land acquisition proceeding under the Land Acquisition Act, 1894, alleging that their land was to be taken by the State of Bihar. While their writ petition (CWJC No. 3232/2004) was pending, another writ petition and a …

SATLSH JAGGIversusSTATE OF CHHATTLSHGARH AND ORS.

2007 INSC 187Disposed off

The appellant, Satish Jaggi, filed a petition under Section 407 of the Code of Criminal Procedure seeking transfer of a criminal trial from the Sessions Judge, Raipur, on the ground that the judge's brother was a sitting MLA closely associated with the father of one of the accused, a former Chief …

VINAY KR. KHAMBATEversusVINAY KR. AGGARWAL AND ORS.

2007 INSC 188Case Partly allowed

The landlord filed an eviction petition under Section 22(d) of the Delhi Rent Control Act, 1958 against the tenant, who died during the proceedings. The landlord then moved an application under Order XXII Rule 4 of the CPC asserting that the tenant's son could not inherit the tenancy. The Additional …

MOHANLAL AND ORS.versusSTATE OF HARYANA

2007 INSC 182Appeal(s) allowed

The Supreme Court reviewed the conviction of the father‑in‑law, mother‑in‑law and others for murder under Sections 302 and 34 of the IPC, which was based solely on the victim’s dying declaration that they set her on fire over a dowry dispute. The Court reiterated that a dying declaration can support …

M/S SAHARA INDIA AND ORS.versusM.C. AGARWAL HUF

2007 INSC 183Disposed off

Mis Sahara India and others filed a suit for possession against M.C. Agarwal HUF. The trial court, after several adjournments, decreed the suit despite the defendants' non‑appearance and without setting them ex parte. The defendants appealed, but the Delhi High Court dismissed the appeal by a …

SMT. MAYADEVIversusJAGDISH PRASAD

2007 INSC 184Dismissed

The Supreme Court upheld the decree of divorce granted to the husband on the ground of cruelty under the Hindu Marriage Act, 1955. The husband alleged that his wife repeatedly demanded money, denied food, threatened him and the children, and physically abused the children, culminating in the death …

THE STATE OF WEST BENGAL AND ORS.versusM/S VEEJAY INTERNATIONAL (INDIA) AND ORS.

2007 INSC 159Appeal(s) allowed

The State of West Bengal issued the West Bengal Rice and Paddy Control Order, 1997 under the Essential Commodities Act, 1955, containing clauses 9 and 10 that regulated storage, transport and export of rice and paddy. A writ petition challenged these clauses as being inconsistent with the …

ALLAHABAD BANKversusSTATE OF WEST BENGAL AND ORS.

2007 INSC 171Disposed off

Allahabad Bank entered into agreements to purchase land and construct a 29‑flat building in Calcutta. After completing the building, the bank sought permission to sell the land under the Urban Ceiling and Regulation Act, 1976, but the Competent Authority rejected the application, deeming the land …

NEW INDIA ASSURANCE CO. LTD.versusVEDWATI AND ORS.

2007 INSC 172Appeal(s) allowed

The case involved a tractor classified as a "goods carriage" that was carrying a passenger who died in an accident. The deceased's dependents filed a claim under the Motor Vehicles Act, 1988 seeking compensation from the insurer, New India Assurance Co. Ltd. The Motor Accident Claims Tribunal and …

KALEGURA PADMA RAO AND ANR.versusTHE STATE OF A.P. REP. BY THE PUBLIC PROSECUTOR

2007 INSC 154Case Partly allowed

The deceased was assaulted by a group of accused after a dispute over his auto and later died from the injuries. The trial court convicted the accused under sections 148, 448 r.w. s.149, 302/149 and 324/149 IPC; the High Court affirmed these convictions for some. On appeal, the Supreme Court …

MANJUNATH CHENNABASAPA MADALLIversusSTATE OF KARNATAKA

2007 INSC 155Appeal(s) allowed

Manjunath Chennabasapa Madalli was convicted by the trial court for the murder of his wife Sumithra under Sections 302 and 498A of the Indian Penal Code, based largely on circumstantial evidence and an alleged dying declaration. The Karnataka High Court set aside the 498A conviction but upheld the …

SHYAMversusSTATE OF M.P. THROUGH P.S. BERCHA

2007 INSC 146Dismissed

The appellant Shyam was convicted for the murder of Kailash on 27 October 1995 based on the testimony of the deceased's widow, who witnessed the assault and identified Shyam as the assailant. The trial court sentenced him to life imprisonment under Section 302 read with Section 34 of the IPC; the …

ABBAS ALIversusSTATE OF RAJASTHAN

2007 INSC 147Case Partly allowed

Abbas Ali was convicted by the trial court and the Rajasthan High Court for murder under Section 302 IPC for stabbing a sleeping victim on a railway overbridge. On appeal, the Supreme Court examined the mens‑rea requirements of Sections 299 and 300 IPC, focusing on the distinction between knowledge …

DELHI ELECTRICITY REGULATORY COMMISSIONversusBSES YAMUNA POWER LIMITED AND OTHERS

2007 INSC 153Dismissed

The case concerned the Delhi Electricity Regulatory Commission’s (DERC) decision to reduce the depreciation rate for the newly privatized distribution companies from 6.69% to 3.75% in its 2003 tariff order. The respondents, the distribution companies including BSES Yamuna Power Ltd., argued that the …

SUMAN PANDEYversusSTATE OF UTTAR PRADESH AND ANR.

2007 INSC 140Appeal(s) allowed

The appellant Suman Pandey alleged that her brother was murdered by Jitendra Pratap Singh, the sole accused. An eye‑witness, Priyanka Tiwari, had given a statement under Section 164 CrPC but was studying abroad and could not be examined until her summer vacation. The High Court, after several bail …

JAKKI @ SELVARAJ AND ANR.versusSTATE REP. BY THE IP, COIMBATORE

2007 INSC 141Dismissed

The appellants, JAKKI @ SELVARAJ and another, were convicted under Sections 148 and 302 IPC for the murder of a deceased, based primarily on the testimony of an eye‑witness (PW‑13) and corroborating medical evidence. Two other eye‑witnesses turned hostile, and the High Court acquitted four …

STATE OF NCT OF DELHIversusRAVI KANT SHARMA AND ORS.

2007 INSC 134Appeal(s) allowed

The State of NCT of Delhi sought to compel the accused, Ravi Kant Sharma and others, to be supplied with the "gists" of statements recorded by the investigating officer during interrogation. The trial court held that such gists amounted to statements under Section 161(3) of the Criminal Procedure …

DIVISIONAL CONTROLLER, G.S.R.T.C.versusKADARBHAI J. SUTHAR

2007 INSC 135Appeal(s) allowed

The respondent, a driver for the Gujarat State Road Transport Corporation, caused a fatal accident; he was acquitted in the criminal trial but the corporation dismissed him after departmental proceedings found him guilty of misconduct. The Labour Court reinstated him without back wages, citing the …

SHIVU AND ANR.versusR.G. HIGH COURT OF KARNATAKA AND ANR.

2007 INSC 136Dismissed

The accused were convicted of raping and murdering a young woman, Shivamma, under IPC sections 376 and 302 read with section 34, based solely on circumstantial evidence. The trial court sentenced them to death, which the Karnataka High Court confirmed under Section 366 of the CrPC. On appeal, the …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusSUDESH KUMAR PURI

2007 INSC 123Appeal(s) allowed

The Punjab State Electricity Board (PSEB) engaged several individuals as private meter readers on a contract basis, paying them a fixed rate of Re.1 per meter reading. After the contract periods expired and regular meter readers were appointed, the engagements were terminated. The respondents …

ANURAN RASTOGI AND ORS.versusSTATE OF U.P. AND ANR.

2007 INSC 113Disposed off

The informant filed a complaint alleging offences under Sections 498A, 323 and 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The magistrate took cognizance of those offences only and issued summons. The informant later applied that the material in the case diary also justified adding …

UNION OF INDIA AND ANR.versusF.H.DUBASH

2007 INSC 110Appeal(s) allowed

The respondent, F.H. Dubash, filed a writ petition seeking promotion to Rear Admiral, arguing that being second on the merit list entitled him to promotion because two vacancies existed. The Delhi High Court agreed and ordered his promotion. On appeal, the Supreme Court examined the promotion …

RAM ABHILAKHversusSTATE OF U.P. & ORS.

2007 INSC 100Appeal(s) allowed

The appellant was convicted under Section 494 of the IPC for marrying a second time while his first marriage subsisted. He appealed the conviction, which was upheld, and then filed a revision petition under Section 397 of the CrPC. The High Court dismissed the revision petition ex parte because the …

M/S. PURAVANKARA PROJECTS LTD.versusM/S. HOTEL VENUS INTERNATIONAL AND ORS.

2007 INSC 101Appeal(s) allowed

The Kerala government transferred land to GIDA, which invited tenders for its sale. Hotel Venus International was the successful bidder, but it insisted on obtaining an exemption under Section 81(3)(b) of the Kerala Land Reforms Act before furnishing the required bank guarantee. The exemption was …

INDU BHUSHANversusMUNNU LAL AND ANR.

2007 INSC 102Dismissed

Munna Lal filed a suit for specific performance of a contract for sale of land, which was dismissed by the trial court. The appeal against the dismissal was allowed ex‑parte by the first appellate court, and the appellant sought to set aside the ex‑parte decree under Order XLI Rule 21 of the CPC. …

RAJESH KUMAR SHARMAversusUNION OF INDIA AND ORS.

2007 INSC 103Dismissed

The petitioner, Rajesh Kumar Sharma, sought to compound an offence under Section 135(1)(a) of the Customs Act, 1962. The Compounding Authority fixed the compounding amount at Rs 10 lakh, which the petitioner challenged as exceeding the permissible limit, arguing that the amount should be limited to …

M/S GOMZI ACTIVEversusM/S REEBOK INDIA CO. & ANR.

2007 INSC 105Disposed off

M/s Gomzi Active filed a suit seeking a permanent injunction, damages and rendition of accounts against M/s Reebok India Co. for allegedly infringing the slogan "I am what I am" which Gomzi claimed as its trademark. The trial court held that Gomzi's registered trademark was "Gomzi" and that the …

NATIONAL INSURANCE CO.LTD.versusMAM CHAND AND ANR.

2007 INSC 85Appeal(s) allowed

Mam Chand filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for injuries caused by a motorcycle driven by Mohinder Pal. The Motor Accident Claims Tribunal held National Insurance Co. liable to pay Rs.60,000. The insurer appealed, contending that the vehicle was not insured at …

LIFE INSURANCE CORPORATION OF INDIAversusSTATE OF RAJASTHAN AND ORS.

2007 INSC 86Disposed off

Life Insurance Corporation of India (LIC) purchased postage stamps from Maharashtra, which the State of Rajasthan claimed caused revenue loss under the Rajasthan Stamp Law (Adaptation) Act, 1952. The Additional Collector issued a demand notice, which LIC challenged in a writ petition; the petition …

NATIONAL INSURANCE CO. LTD.versusMUBASIR AHMED AND ANR.

2007 INSC 87Case Partly allowed

The respondents, employed as labourers, cleaners or drivers, were injured in a vehicle accident while performing duties and claimed compensation under the Workmen's Compensation Act, 1923. The Commissioner awarded compensation based on the medical assessment of loss of earning capacity (LEC) and …

PARTHIBAN BLUE METAL ETC.versusTHE MEMBER SECY. T.N. POLLN. CONT. BD. AND ORS.

2007 INSC 88Disposed off

The appellants operated nine stone‑crushing units in Trisoolam Village, Tamil Nadu, and were served notices by the Tamil Nadu Pollution Control Board for being within 500 metres of a residential area. The appellants contended that the permissible distance had been reduced to 300 metres and that all …

P.K.KAPURversusUNION OF INDIA AND ORS

2007 INSC 89Dismissed

P.K. Kapur, a retired Lieutenant Colonel (Time Scale) of the Indian Army who sustained a 30% war injury in 1965, retired on superannuation on 30 November 1989 after 26 years of service. He was initially granted a weightage of 5+3 years (total 8 years) to compute his pension so that it exceeded that …

SELLAPPANversusSTATE OF TAMIL NADU

2007 INSC 83Case Partly allowed

The Supreme Court reviewed the conviction of Sellappan for beating the deceased Periasamy, who later died from head injuries. The key issue was whether the injury satisfied the test for murder under Section 300(3) of the IPC – i.e., being sufficient in the ordinary course of nature to cause death – …

BODDAM NARSIMHAversusHASAN ALI KHAN (DEAD) BY L.R. & ORS.

2007 INSC 77Dismissed

The appellant, Boddam Narsimha, claimed that his paternal uncle 'Bala' was a protected tenant under Section 37-A of the A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950 and sought an ownership certificate under Section 38‑E after a delay of more than 40 years. The court examined the …

SUBODHKUMAR AND ORS.versusBHAGWANT NAMDEORAO MEHETRE AND ORS.

2007 INSC 75Dismissed

The case involved an ancestral Hindu Undivided Family property of Nimbaji and his five sons. Four sons and the karta sold 9 acres 16 gunthas to the plaintiffs, while the fifth son, Panditrao, who did not consent, had earlier sold 2 acres 2 gunthas to the appellants. The plaintiffs sued for …

COMMISSIONER OF CENTRAL EXCISEversusM/S. BIRLA CORPORATION LTD. & ANR.

2007 INSC 76Disposed off

The Supreme Court examined whether the doctrine of unjust enrichment bars a refund claim when excise duty was paid under protest. Birla Corp Ltd, a cement manufacturer, had paid duty under protest and later sought a refund, arguing that the duty was not passed on to customers. The CEGAT had held …

SHRI HARENDRA NATH BORAHversusSTATE OF ASSAM

2007 INSC 74Case Partly allowed

The appellant, Shri Harendra Nath Borah, a police constable, was convicted under Section 302 of the Indian Penal Code for the death of a truck driver who was assaulted by police personnel and later died in hospital. The appellant challenged the conviction, arguing that the facts did not constitute …

MAHAVIRversusLAKHMI AND ANR.

2007 INSC 66Appeal(s) allowed

Mahavir filed a second appeal against a decree, but the Punjab and Haryana High Court allowed the appeal without formulating any substantial question of law, contrary to Section 100 of the Code of Civil Procedure, 1908. The Supreme Court examined whether the High Court was obliged to state and hear …

SHIV DASSversusUNION OF INDIA AND ORS .

2007 INSC 64Disposed off

Shiv Dass, a former Army Medical Corps officer, became 80% disabled in 1982 and was invalidated from service. He applied for a disability pension in 1983, which was rejected, and after an unresponded appeal he filed a writ petition in 2005. The Punjab and Haryana High Court dismissed the petition as …

THE NEW INDIA ASSURANCE COMPANY LIMITEDversusSMT. KALPANA & OTHERS

2007 INSC 61Case Partly allowed

The deceased, Vijay Singh Dogra, aged 33, died in a road accident caused by a parked truck violating traffic rules. His dependents filed a claim under Section 173 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal dismissed the claim, attributing negligence to the …

VIRENDRA KUMARversusSTATE OF U.P.

2007 INSC 46Dismissed

Virendra Kumar was tried for the death of his wife, Pushpa, and was initially convicted under Section 302 IPC for murder. The Allahabad High Court set aside that conviction and convicted him under Section 306 IPC for abetment of suicide, relying on a presumption under Section 113A of the Evidence …

NOIDA ENTREPRENEURS ASSN.versusNOIDAAND ORS.

2007 INSC 39Disposed off

The Supreme Court examined allegations of irregularities in the allotment, conversion and regularisation of plots in NOIDA, which led to a one‑man inquiry commission and the initiation of departmental disciplinary proceedings against Smt. Neera Yadav, then CEO of NOIDA. While a CBI investigation was …

A.P.S.R.T.C. AND ORS.versusABDUL KAREEM

2007 INSC 38Dismissed

The applicant, who was the respondent in a civil appeal, filed an application for clarification of a judgment dated 2 August 2005, claiming financial hardship and seeking recovery of a balance after his pension was attached. The opposing party argued that the application was in substance a review of …

RATHNASHALVANversusSTATE OF KARNATAKA

2007 INSC 29Dismissed

On 23 July 1996 the appellant, driver of a lorry, allegedly drove at high speed, struck a tree and caused the deaths of three persons and grievous injuries to three others. He was convicted under Sections 304‑A, 279 and 337 of the Indian Penal Code. On appeal the conviction under Section 279 was set …

STATE OF MADHYA PRADESHversusBACCHUDAS@ BALARAM AND ORS.

2007 INSC 25Dismissed

The State of Madhya Pradesh appealed a High Court order acquitting Bacchudas and others, who had been convicted by a trial court for culpable homicide not amounting to murder under IPC Section 304 Part II read with Section 34. The prosecution relied on the testimony of the deceased's widow (PW‑1), …

JAYANTILAL INVESTMENTSversusMADHUVIHAR CO-OPERATIVE HOUSING SOCIETY AND ORS.

2007 INSC 26Appeal(s) allowed

Jayantilal Investments, a promoter, was sued by MadhuVihar Co‑operative Housing Society for conveyance of title and an injunction restraining further construction on a plot in Kandivali. The Society argued that under the Maharashtra Ownership Flats Act (MOFA) the promoter must obtain flat‑takers' …

KRISHNA BHAGYAJALA NIGAM LTD.versusG. HARISCHANDRA REDDY AND ANR.

2007 INSC 27Case Partly allowed

Krishna Bhagya Jala Nigam Ltd entered into a construction contract with G. Harischandra Reddy that contained Clause 29, which provided for disputes to be referred to the Chief Engineer as arbitrator. When a dispute arose, the contractor invoked Clause 29, but the Chief Engineer initially refused, …

MAHENDRA AND ORS.versusSTATE OF UTTARANCHAL AND ANR.

2007 INSC 19Disposed off

Mahendra and others appealed to the Supreme Court against the Uttarakhand High Court's dismissal of two criminal miscellaneous applications filed against the same impugned order. The High Court held that the appellants had concealed the earlier petition and therefore dismissed both applications. The …

YAMUNA SHANKAR SHARMAversusSTATE OF RAJASTHAN & ORS.

2007 INSC 21Disposed off

The appellant, a former legal assistant/associate at Mohan Lal Sukhadia University, claimed entitlement to regularisation and the UGC pay scale of Rs.700‑1600 after a series of ad‑hoc appointments spanning over a decade. The University later issued a show‑cause notice alleging over‑payment because …

RAMKISHAN S/O. MADHAV SHELKEversusTHE STATE OF MAHARASHTRA

2007 INSC 15Case Partly allowed

The appellant Ramkishan and his two sons were charged with murder under s.302 read with s.34 IPC for the death of Mohan Gavane, who was alleged to have encroached on the appellant’s land. The trial court convicted all three, but the High Court acquitted the two sons, holding the evidence …

NEETUversusSTTE OF PUNJAB AND ORS.

2007 INSC 16Appeal(s) allowed

Neetu, appointed as Audit Inspector, challenged the Punjab and Haryana High Court's order that set aside her appointment on the ground that a writ petition filed as a public interest litigation (PIL) alleged she obtained a Scheduled Caste certificate fraudulently. The Supreme Court examined whether …

BHAG SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

2007 INSC 11Dismissed

The appellants filed a writ petition alleging that several factories in Mandi Gobindgarh were operating in a residential zone and should be closed. The High Court dismissed the petition, holding that under the then‑applicable (old) Master Plan the factories were situated in an industrial area. The …

AMITSINGH BHIKAMSING THAKURversusSTATE OF MAHARASHTRA

2007 INSC 12Dismissed

The case arose from a robbery‑murder where the victim’s shop‑assistant (PW‑1) and other eyewitnesses identified four accused persons, including the appellant, after a test identification parade (TIP) and a confession obtained under Section 27 of the Evidence Act. The appellant challenged the …

GULZARversusSTATE OF M.P.

2007 INSC 7Case Partly allowed

Gulzar was convicted of stealing an attache containing about Rs 55,000 from Vinod Kumar Aggarwal on a bus; the attache was later recovered from Gulzar’s possession but he could not explain the source of the money. The trial court sentenced him to three years’ rigorous imprisonment under Section 379 …

SUMANGALAM CO-OP. HOUSING SOCIETY LTD.versusSUO MOTU, HIGH COURT OF GUJARAT & ORS.

2007 INSC 1Appeal(s) allowed

The Supreme Court heard an appeal by Sumangalam Co‑operative Housing Society Ltd against a suo moto writ filed by the Gujarat High Court that alleged irregularities, undervaluation and fraud in the allotment of land by the Ahmedabad Urban Development Authority (AUDA). The High Court had held that …