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ARIJIT PASAYAT

1966 judgments · newest first · showing 1401–1600

MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusLALNIPUII

2006 INSC 1010Disposed off

The mother of a 31‑year‑old government employee who died in a bus accident filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 12 lakh with 15% interest, using a multiplier based on the deceased's age. The appellant, Maharashtra State …

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

2006 INSC 1001Hearing Adjourned

The Supreme Court entertained a public‑interest petition filed by the People’s Union for Civil Liberties alleging that the Central and State Governments had failed to implement earlier court directions for universalisation of the Integrated Child Development Scheme (ICDS). The petition highlighted …

COMMISSIONER OF CENTRAL EXCISE, INDOREversusM/S. VIRDI BROTHERS AND ORS.

2006 INSC 997Dismissed

The Commissioner of Central Excise appealed against the CEGAT order that refrigeration, cold storage, central air‑conditioning and caustic soda plants assembled at site are not excisable goods. The appellants contended that assembling duty‑paid components into a new marketable plant creates a new …

BABLU @ MUBARIK HUSSAINversusSTATE OF RAJASTHAN

2006 INSC 998Dismissed

The appellant, Bablu (Mubarik Hussain), was convicted of murdering his wife, three minor daughters and a minor son by strangulation. The trial court relied on an extrajudicial confession, the appellant's presence at the crime scene and the recovery of the wife's earring to uphold a conviction under …

BHIMASHYA AND ORS.versusSMT. JANABI @JANAWWA

2006 INSC 990Dismissed

The plaintiff filed a partition suit claiming a half‑share in the ancestral properties of her father Fakirappa, who died leaving two daughters. The husband of the other daughter (Defendant No.1) contended that he was the adopted son of Fakirappa and that the suit‑house property (item 3 of the …

SANJAY VERMAversusMANIK ROY AND ORS.

2006 INSC 979Appeal(s) allowed

The appellant, Sanjay Verma, filed a suit for specific performance of a contract concerning a property in 1991. During the suit's pendency, the property was transferred to the respondents, Manik Roy and Ahilya Jha, without obtaining the court's permission. The respondents sought to be impleaded …

DESA SINGHversusAJIT SINGH AND ORS.

2006 INSC 980Disposed off

The appellant filed a second appeal before the Punjab and Haryana High Court, but due to unforeseen circumstances—retirement and death of counsel—no representative appeared on the scheduled date. Despite the appellant's non‑appearance, the High Court proceeded to decide the appeal on its merits and …

PARKASH SINGH BADAL AND ANR.versusSTATE OF PUNJAB AND ORS.

2006 INSC 960Dismissed

The petitioners, including former Chief Minister Parkash Singh Badal, challenged prosecutions under the Prevention of Corruption Act, 1988 and the IPC on the ground that no prior sanction under Section 197 of the CrPC was obtained and that the complaints were filed with malafide intent. The Court …

LALU PRASAD@ LALU PRASAD YADAVversusSTATE OF BIHAR THROUGH CBI (AHD) PATNA

2006 INSC 961Dismissed

The appeals concerned the validity of a sanction to prosecute Lalu Prasad Yadav under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. The sanction had been issued under Section 19(1)(b) of the Act and Section 197 of the Code of Criminal Procedure, but was signed by the …

K.KARUNAKARANversusSTATE OF KERALA

2006 INSC 964Disposed off

The appellant, K. Karunakaran, was prosecuted for an alleged abuse of office. The High Court held that no sanction under CrPC Section 197 was required because the appellant was not holding the office at the time the court took cognizance of the offence. The appellant further contended that the …

SALIM SAHABversusSTATE OF MADHYA PRADESH

2006 INSC 956Appeal(s) allowed

Salim assaulted his father‑in‑law’s brother Saleem with a pair of scissors during a heated quarrel, causing injuries that led to Saleem’s death. The trial court convicted Salim under Section 324 IPC (grievous hurt) and sentenced him to five years’ rigorous imprisonment. On appeal, the High Court …

MUSTAFIKHANversusSTATE OF MAHARASHTRA

2006 INSC 945Dismissed

The appellant, a junior engineer supervising irrigation tank construction under a government employment guarantee scheme, was alleged to have fabricated muster rolls showing payments to fictitious labourers, thereby misappropriating Rs 6,764.10. Evidence showed that the same 21 labourers were …

P.K. SREEKANTAN AND ORS.versusP. SREEKUMARAN NAIR AND ORS.

2006 INSC 946Disposed off

The State acquired 2.8 hectares of land for a market and fixed a compensation award of Rs.45,08,111. Several claimants, including P.K. Sreekantan, filed applications under Section 18 of the Land Acquisition Act, 1894 seeking a reference to a court for enhancement of compensation. The Reference …

RAMJI RAI AND ANR.versusJAGDISH MALLAH (DEAD) THROUGH L.RS. AND ANR.

2006 INSC 947Dismissed

Ramji Rai and another filed a suit for a permanent injunction to restrain the respondents from interfering with their possession of a disputed land and from obstructing the construction of a boundary wall. The trial court decreed in their favour, but the appellate court set aside the decree on the …

STATE OF MADHYA PRADESHversusKEDAR YADAV

2006 INSC 929Case Partly allowed

The State of Madhya Pradesh appealed a High Court order that reduced the ten‑year rigorous imprisonment awarded to Kedar Yadav for an offence under Section 307 of the Indian Penal Code to the period already served. The trial court had convicted Yadav for attempting to murder the complainant, Parvat …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. AFROZ BI AND ORS.

2006 INSC 930Case Partly allowed

On 17 August 1992 a motor vehicle involved in a fatal accident was insured with National Insurance Company Ltd. for the period 5 October 1991 to 4 October 1992. New India Assurance Co. Ltd. issued a policy covering a later period (7 November 1992 to 6 November 1993) and the premium cheque for that …

ACCOUNTANT GENERAL OF ORISSA AND ANR.versusR. RAMAMURTHY AND ANR.

2006 INSC 922Dismissed

The appellants challenged a High Court judgment that interpreted Rule 37A of the Central Civil Services (Pension) Rules, 1972 regarding the calculation of restored pension for employees who had commuted a portion of their pension. The High Court had held that the pro‑rata commuted portion must be …

M/S TRANSCOREversusUNION OF INDIA AND ANR.

2006 INSC 924Disposed off

The Supreme Court examined whether a bank, having filed an original application before the Debt Recovery Tribunal (DRT) for recovery of dues, must withdraw that application before invoking the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (NPA …

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S KHANNA INDUSTRIES AND ORS.

2006 INSC 917Case Partly allowed

The respondents, manufacturers of brass sanitary fittings, used the stylised brand name "ARK" belonging to Mis Arkson Pvt Ltd, a trader, while claiming exemption under Notification No. 175/86-CE for small scale units. The Revenue argued that the exemption was unavailable because the brand name of …

NAVEEN CHANDRAversusSTATE OF UTTRANCHAL

2006 INSC 916Case Partly allowed

Naveen Chandra and his parents were convicted for the murder of three members of a rival family. The appellant claimed that the killings occurred in a sudden quarrel, were provoked, and were in self‑defence. The Supreme Court examined whether Exception 4 to Section 300 IPC (sudden fight) applied and …

M.P. MATHUR AND ORS.versusD.T.C. AND ORS.

2006 INSC 904Dismissed

The Delhi Transport Corporation (DTC) constructed 300 tenements under a subsidised housing scheme and, after an amendment, passed resolutions in 1979 to sell these houses to retired industrial workers. The workers filed suit seeking a declaration that they were entitled to ownership, relying on the …

JODHPUR VIDYUT VITRAN NIGAM LTD. AND ANR.versusNANU RAM AND ORS.

2006 INSC 906Appeal(s) allowed

The respondents, temporary construction workers on muster roll, completed two years of service after 31 March 1982 and claimed regularisation and regular pay scale under arbitration awards of 1978 and 1979. The State Government constituted a Screening Committee in September 1983 to consider …

WEST BENGAL STATE ELECTRICITY BOARDversusDILIP KUMAR RAY

2006 INSC 907Appeal(s) allowed

The respondent, a Superintending Engineer of the West Bengal State Electricity Board, was suspended pending disciplinary proceedings that were later quashed by the High Court for denial of a reasonable hearing. He subsequently sued the Board for damages, claiming harassment and loss of reputation, …

M/S. BENARA VALVES LTD. AND ORS.versusCOMMISSIONER OF CENTRAL EXCISE AND ANR.

2006 INSC 889Disposed off

The Central Excise Department levied large duty and penalty demands on Mis. Benara Automotives Pvt. Ltd. (BAPL) and Mis. Benara Valves Ltd. (BVL) for alleged clandestine removal of excisable goods. The appellants appealed before the Customs Excise and Service Tax Appellate Tribunal and sought a stay …

UNION OF INDIA AND ORS.versusHASMUKHBHAI HIRABHAI RANA

2006 INSC 890Case Partly allowed

The respondent was initially issued a selection letter on 1 January 1990 and an appointment letter on 13 June 1990 by the Divisional Commercial Manager (DCM). After a charge sheet in 1993, the DCM conducted an enquiry and ordered the respondent's removal from service, which was affirmed by the …

SRIKANTversusDISTRICT MAGISTRATE, BIJAPUR AND ORS.,

2006 INSC 885Disposed off

The appellant challenged the detention of his brother under the Karnataka Prevention of Dangerous Activities Act, 1985 by filing a second habeas corpus petition after an earlier petition had been dismissed. The respondents argued that the doctrine of res judicata barred the second petition because …

E.S.I.CversusC.C. SANTHAKUMAR

2006 INSC 871Disposed off

The Employees' State Insurance Corporation (ESIC) sought to recover arrears of contributions from employers as arrears of land revenue under Section 45‑B, relying on orders passed under Section 45‑A. The Kerala High Court held that the five‑year limitation in the proviso to Section 77(1A)(b) applied …

CHIEF COMMISSIONER OF INCOME TAX, BHOPAL AND ORS.versusM/S. LEENA JAIN AND ORS.

2006 INSC 865Appeal(s) allowed

The respondents, employed as contractual data entry operators and paid hourly, sought regularization of their posts on the ground of having rendered long service. The Central Administrative Tribunal directed the employer to consider their cases, but the employer challenged the order and the High …

M/S. SURESH CHANDRA KHANDELWAL AND CO.versusSTATE OF M.P. AND ORS.

2006 INSC 866Case Partly allowed

M/s Suresh Chandra Khandel Wal & Co. sought a benefit under the Madhya Pradesh Entertainment Duties (Advertisement Tax) Act, 1936, requesting the benefit to be back‑dated to 1 April 1996. Their writ petition was dismissed, and they filed a Letters Patent Appeal (LPA) to rely on a decision in another …

SHIV CHARAN SINGHversusSTATE OF PUNJAB AND ORS.

2006 INSC 861Dismissed

Shiv Charan Singh appealed to the Supreme Court under Article 136, challenging the Punjab and Haryana High Court's order dismissing his review application against a writ order that had been rejected on the ground of his alleged habitual absenteeism. The High Court had found the petitioner absent for …

KRISHI UTPADAN MANDI PARISHAD AND ANR.versusI.T.C. LTD.

2006 INSC 854Disposed off

The appellant Mandi Parishad sought market fee on cut tobacco processed by ITC Ltd in Saharanpur and sent to its own factory in Calcutta and to contract manufacturers. The Mandi Samiti’s President exempted the consignment to Calcutta but referred the contract‑manufacturer case to the Director, who …

KERALA STATE ELECTRICITY BOARDversusHINDUSTAN CONSTRUCTION CO. LTD. AND ORS.

2006 INSC 855Dismissed

The Kerala State Electricity Board (KSEB) entered into a contract with Hindustan Construction Co. Ltd. (HCC) for a power tunnel, later extending the time for completion and receiving a claim for compensation for work done during the extension. An ad‑hoc committee recommended payment of Rs.808.26 …

SATIN CHANDRA PEGUversusSTATE OF ASSAM

2006 INSC 849Disposed off

Satin Chandrapegu was convicted under Section 409 IPC for alleged misappropriation of Rs.91,006 and sentenced to two years' imprisonment with a fine. His appeal to the Sessions Court was dismissed, and he filed a criminal revision under Sections 397, 401 and 482 of the CrPC before the Guwahati High …

SUB DIVISIONAL OFFICER (P), UHBVNLversusDHARAM PAL

2006 INSC 850Appeal(s) allowed

The respondent, a consumer of electricity, alleged that the meter installed by the appellant was defective and that the demand of Rs.1,07,326 raised for alleged tampering was illegal. He filed a complaint before the District Consumer Disputes Redressal Forum seeking that the matter be referred to …

AYUDH UPASKAR NIRMANI KALYAN SAMITI, KANPURversusGOVERNMENT OF INDIA AND ORS.

2006 INSC 844Disposed off

The Society, formed by officers and employees of the Ordinance Equipment Factory (OEF), operated a CBSE‑affiliated secondary school in OEF premises on an annual rent of Rs 3,904. The OEF Board later ordered the school to cease operation after the 2005‑06 academic session, demanded payment of a large …

NATIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR AND ORS.versusCHANDRA SHEKHAR CHAUDHARY

2006 INSC 839Appeal(s) allowed

The respondent, an associate professor at NIT Jamshedpur, applied for admission to a Quality Improvement Programme at IIT Madras and sought leave from the institute. The institute denied permission, citing a rule that staff strength in the department could not fall below 70% upon relieving a …

COMMISSIONER, SALES TAX, U.P.versusM/S MOHAN BRICKFIELD, AGRA

2006 INSC 840Appeal(s) allowed

The assessee, Mohan Brickfield, was engaged in brick manufacturing and sales. During two surveys of its premises in 1984-85, it failed to produce its books of accounts, which were later produced at the time of assessment. The Assessing Officer rejected the books, citing the non‑production at the …

M/S SUPRA MARKETING AGENCIESversusCOMMERCIAL TAX OFFICER, HYDERABAD AND ORS.

2006 INSC 841Appeal(s) allowed

Supra Marketing Agencies, a dealer registered under the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956, entered into a supply agreement with the Andhra Pradesh Backward Classes Cooperative Finance Corporation for the Adarna project. The State Commercial Tax Department …

MINOR SUNIL ORAON TR. GUARDIAN AND ORS.versusC.B.S.E. AND ORS.

2006 INSC 842Dismissed

The Cambridge School, an unaffiliated institution, repeatedly violated CBSE's Examination and Affiliation Bye‑Laws by admitting students without meeting required standards. Despite CBSE’s warnings and withdrawal of provisional affiliation, the school sought permission for its Class X and XII …

SURESH CHANDRA JHAversusSTATE OF BIHAR AND ORS.

2006 INSC 824Case Partly allowed

The appellant and several others were appointed as assistants in a private engineering college under the Bihar Private Engineering College Control Act, 1990. The appellant was ranked 20th in the merit list, while respondent No.8 was ranked 43rd, but the respondent joined two days earlier. The State, …

SOHAN LAL JUNEJA AND ORS.versusSTATE OF PUNJAB

2006 INSC 811Disposed off

The appellants were charged in an FIR for alleged misappropriation of stock, which they claimed was essentially a civil dispute under arbitration. The Punjab and Haryana High Court granted interim protection under Section 438 of the CrPC, conditioning it on the deposit of Rs 10 lakh with the …

STATE OF KERALAversusKURISSUM MOOTTIL ANTONY

2006 INSC 812Appeal(s) allowed

The State of Kerala appealed the Kerala High Court’s acquittal of Kurissum Moottil Antony, who had been convicted under Sections 377 and 451 IPC for committing an unnatural offence on a ten‑year‑old girl. The High Court set aside the conviction on the ground that the victim’s testimony was not …

JAGANNATH AMINversusSEETHARAMA (DEAD) BY LRS. AND ORS.

2006 INSC 813Appeal(s) allowed

Jagannath Amin's mother filed a suit for partition of scheduled agricultural land, claiming she was a co‑owner and therefore in constructive possession of the property. The plaintiff argued that court fees should be computed under Section 35(2) of the Karnataka Court Fee and Suit Valuation Act, …

INDIAN AIRLINES LIMITEDversusCAPT. RAMAN DOULAGAR

2006 INSC 814Appeal(s) allowed

Indian Airlines Limited filed a transfer petition under Article 139-A(2) of the Constitution seeking to move a writ petition pending in the Madras High Court to the Delhi High Court, arguing that several other writ petitions involving identical issues were already pending there. The respondent …

ORIENT PAPER AND INDUSTRIES LTD.versusTHE STATE OF M.P. AND ORS.

2006 INSC 815Appeal(s) allowed

Orient Paper & Industries Ltd., a paper manufacturer, brought bamboo— a notified agricultural produce—into the Madhya Pradesh market area as raw material for paper production. The Market Committee levied a market fee under Section 19(1)(ii) of the M.P. Krishi Upaj Mandi Adhiniyam, 1972, claiming the …

SHIVANNA AND ORS.versusSTATE OF KARNATAKA

2006 INSC 806Case Partly allowed

The appellants, Shiv Anna and others, were convicted for the murder of Mahadevappa and related offences arising from a land‑dispute in which they entered the disputed field and assaulted the deceased and his relatives, resulting in Mahadevappa's death. The appellants appealed, claiming that they …

NEW INDIA ASSURANCE CO. LTD.versusSATENDER AND ORS.

2006 INSC 807Appeal(s) allowed

A nine‑year‑old child was killed by a truck insured by New India Assurance. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accidents Claims Tribunal (MACT) awarded Rs 4,45,000 as compensation, calculating a notional income of Rs 30,000 per annum and …

RAYTHARA SAHAKARI BANK LTD.versusCHANDRAKALA R. DAS

2006 INSC 808Case Partly allowed

The appellant bank had given jewellery loans and the pledged gold ornaments were stolen. The bank convened a meeting of over 400 borrowers and resolved to pay the value of the stolen gold at Rs.410 per gram with no interest, a rate accepted by all borrowers except the complainant, who demanded …

M/S. TATA ENGINEERING AND LOCOMOTIVE COMPANY LIMITEDversusN.K. SINGH

2006 INSC 809Appeal(s) allowed

The respondent, N.K. Singh, an Assistant Store Keeper, was found to have occupied company quarters without permission and assaulted the Town Warden during the execution of an eviction decree, leading to an FIR under IPC sections 311, 307 and 34. A domestic inquiry under the company's standing orders …

BHAGWANDAS TIWARI AND ORS.versusDEWAS SHAJAPUR KSHETRIYA GRAMIN BANK & ORS.

2006 INSC 810Disposed off

The Dewas Shajapur Kshetriya Gramin Bank issued a promotion policy for Junior Management Grade I officers, stating that promotion to Middle Management II would be on a seniority‑cum‑merit basis, with a circular prescribing a minimum of 45 marks out of 100 for selection. Ten officers challenged the …

RELIANCE AIRPORT DEVELOPERS PVT. LTD.versusAIRPORTS AUTHORITY OF INDIA AND ORS.

2006 INSC 791Dismissed

Reliance Airport Developers Pvt. Ltd. (RAL) challenged the award of Delhi and Mumbai airport privatization contracts to GMR and GVK, alleging that the Empowered Group of Ministers (EGOM) improperly altered the Request for Proposal (RFP) criteria, lowered the technical qualification benchmark and …

M/S PALLAVA GRANITE INDUSTRIES (INDIA) PVT. LTD.versusUNION OF INDIA AND ORS.

2006 INSC 800Dismissed

The case concerned several Government Orders (G.O.s) relating to the lease of surplus agricultural lands in Andhra Pradesh for mining galaxy granite. The appellants argued that G.O. No.1290, which earmarked land for mining leases to private firms, created a vested right that could not be withdrawn, …

BHARAT HEAVY ELECTRICALS LTD.versusANIL AND ORS.

2006 INSC 802Disposed off

Fourteen garden workers employed by a contractor for Bharat Heavy Electricals Ltd. (BHEL) had their services terminated by the contractor on 1 December 1988 without complying with Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. They filed an individual dispute under Section 2‑A, …

B. NOHAversusSTATE OF KERALA AND ANR.

2006 INSC 787Dismissed

B. Noha, a Health Inspector, was accused of demanding and accepting illegal gratuities from a push‑cart owner while performing his official duties. The trial court convicted him under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to three years’ …

DHARAMRAJ AND ORS.versusCHHITAN AND ORS.

2006 INSC 789Dismissed

The dispute concerned co‑tenancy rights over land recorded in Khata No. 111 in Faizabad, Uttar Pradesh. The appellants claimed ancestral rights based on a pedigree tracing back to the original ancestor Saltanati, while the respondents asserted exclusive rights as successors of Adhin, whose name was …

SRI ANAND HANUMATHSA KATAREversusADDITIONAL DISTRICT MAGISTRATE AND ORS

2006 INSC 732Dismissed

The Supreme Court examined a habeas corpus petition challenging a detention order passed under the Karnataka Prevention of Dangerous Activities of Boot‑Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985. The order was issued on 7 Oct 2005, approved by …

STATE OF U.P. AND ORS.versusVAM ORGANIC CHEMICALS LTD. AND ORS.

2006 INSC 708Disposed off

The State of Uttar Pradesh appealed against Vam Organic Chemicals Ltd., alleging that no payments had been made by the assessee due to stays and bank guarantees, and therefore no refund was due. The respondents filed interlocutory applications asserting that, contrary to the earlier finding, certain …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2006 INSC 704Disposed off

The Supreme Court examined a public‑interest litigation concerning the proposed International Hotel Complex on 315 hectares in Vasant Kunj, Delhi. Earlier orders had declared 92 hectares of the site a "constraint area" and required environmental clearance under the Environment (Protection) Act, 1986 …

THE COMMANDANT, 68, BN. BSF GAKULNAGARversusSHRI ARJUN DAS AND ANOTHER

2006 INSC 702Appeal(s) allowed

On 31 December 1998, a Border Security Force (BSF) Assistant Commandant intercepted a jeep near the Indo‑Bangladesh border carrying 44 bags of sugar and arrested the driver for failing to produce transport documents. The seized sugar was handed to the customs inspector and the driver was produced …

INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ANR.versusSAN TOSH

2006 INSC 703Appeal(s) allowed

The widow of a deceased casual labourer filed a claim for family pension, arguing that her husband should be deemed regularized on the date of his death. The Central Administrative Tribunal (CAT) held that despite his temporary status under the Casual Labourers (Grant of Temporary Status and …

ISHWARCHAND AMICHAND GOVADIA AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2006 INSC 699Appeal(s) allowed

The appellants were charged under Sections 306, 498A read with Section 34 of the IPC for the death of Sharmila. The complainant sought to introduce a later death certificate dated 10‑04‑2004, which alleged a different cause of death from an earlier certificate dated 18‑05‑2000. The trial court kept …

UNION OF INDIA AND ORS.versusDWARKA PRASAD TIWARI

2006 INSC 698Disposed off

Dwarka Prasad Tiwari, a constable in the Central Reserve Police Force, fired his service weapon without orders while on sentry duty, injuring himself. A departmental inquiry under Rule 27 of the CRPF Rules, 1955 found him guilty of misconduct and negligence and dismissed him. The High Court set …

EPURU SUDHAKAR AND ANR.versusGOVT. OF A.P. AND ORS.

2006 INSC 695Case Partly allowed

The petitioners, sons of murder victims, challenged the Governor of Andhra Pradesh’s order granting remission of the unserved portion of a ten‑year rigorous imprisonment sentence imposed on respondent No.2 for murder. They argued that the remission was granted on irrelevant and extraneous material, …

PURSHOTTAM LAL DAS AND ORS.versusTHE STATE OF BIHAR AND ORS.

2006 INSC 687Disposed off

The appellants, who were Class III basic health workers, were promoted to clerk posts in 1992. An audit later held the promotions illegal because Class III employees belong to a technical cadre and cannot be promoted to non‑technical clerk positions, and the promotions violated statutory quota, …

THE STATE REP. BY INSPECTOR OF POLICE, PUDUKOTTAI, TAMILNADUversusA. PARTHIBAN

2006 INSC 685Appeal(s) allowed

A. Parthiban, a public servant, was convicted for demanding and receiving illegal gratification, an act that attracted charges under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The trial court sentenced him to six months' rigorous imprisonment with a fine of …

KAILASHversusSTATE OF M.P.

2006 INSC 686Case Partly allowed

Kailash was convicted under Sections 304B (dowry death) and 498A (dowry harassment) of the IPC for the death of his wife, whose body was found in a well, indicating death "otherwise than under normal circumstances." The trial court sentenced him to ten years for the 304B offence, with no separate …

THE MANAGEMENT OF NATIONAL SEEDS CORPORATION LTD.versusK.V. RAMA REDDY

2006 INSC 668Appeal(s) allowed

The respondent, an Assistant Grade II officer of National Seeds Corporation, was charged with misappropriating Rs 63.67 lakhs and faced departmental proceedings under the Corporation's Conduct, Discipline and Appeal Rules, 1992. He sought to be assisted by a retired employee and later by a legal …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSHRJ BIRENDRA BHANDARI

2006 INSC 663

The respondent filed a claim under Section 33C(2) of the Industrial Disputes Act, 1947 seeking arrears of salary, leave encashment and dearness allowance arising from the 5th Pay Commission recommendations. The Labour Court ordered payment, and the High Court upheld that order. On appeal, the …

NARINDER SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 661Appeal(s) allowed

The appellants, Narinder Singh and others, filed a writ petition challenging the denial of grace marks under Rule 3.8 of the Police Training College Manual. They contended that the High Court dismissed their petition without considering several substantive pleas, including alleged procedural …

ASHOK MAHAJANversusSTATE OF U.P. AND ORS.

2006 INSC 658Appeal(s) allowed

Denin Leathers Ltd obtained a term loan from the Pradeshiya Industrial and Investment Corporation (PICUP) and mortgaged its immovable property. After the company converted to a public limited company, recovery certificates were issued against several guarantors, including the appellant Ashok …

M/S. JHUNJHUNWALA AND ORS.versusSTATE OF U.P. AND ORS.

2006 INSC 649Disposed off

The appellants, commission agents dealing in timber harvested by farmers, challenged assessments that treated them as "manufacturers" under the Uttar Pradesh Trade Tax Act, 1948 after an amendment to Section 2(ee). The State relied on a circular issued by the Commissioner of Trade Tax, which …

UNION OF INDIA AND ANR.versusTARSEM LAL AND ORS.

2006 INSC 638Appeal(s) allowed

The respondent, a railway employee, claimed pay and allowance from the date he received a proforma promotion in September 1997, rather than from his actual promotion in August 2001. The Union of India relied on Railway Board Circular dated 15/17 September 1964 and Paragraph 228 of the Indian Railway …

BIPIN BIHARIversusSTATE OF M.P.

2006 INSC 635Disposed off

The appellant, Bipin Bihari, was convicted under Section 307 of the Indian Penal Code for attempting to murder the complainant after firing a gun that injured the complainant's calf. The trial court sentenced him to life imprisonment and a fine; the High Court reduced the imprisonment to two years …

STAR PAPER MILLS LTD.versusSTATE OF U.P. AND ORS.

2006 INSC 630Disposed off

Star Paper Mills Ltd challenged the levy of a market fee under Rule 70 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965, on purchases made from the Uttar Pradesh Forest Corporation, arguing that as a captive consumer it was not liable to pay the fee. The Allahabad High Court dismissed the …

SUGA RAM @ CHHUGA RAMversusSTATE OF RAJASTHAN AND ORS.

2006 INSC 624Case Partly allowed

The trial court acquitted four accused persons of offences under the IPC and the SC/ST Atrocities Act. The State of Rajasthan applied for leave to appeal under Section 378(3) CrPC, but the Rajasthan High Court dismissed the application without giving any reasons. The informant (appellant) had …

LAXMANversusSTATE OF M.P.

2006 INSC 625Appeal(s) allowed

Laxman and several co‑accused shot arrows at a group during a dispute; one arrow struck the deceased, who died instantly. The trial court convicted them under sections 148, 302/149 and 324/149 IPC, and the High Court upheld a conviction of murder under section 302 IPC against Laxman. Laxman …

GAJANAND AGARWALversusSTATE OF ORISSA AND ORS.

2006 INSC 626Appeal(s) allowed

The father of a deceased woman (Gajanand Agarwal) appealed against the Orissa High Court’s grant of bail to two accused (Bimal Kumar Khetan and Sunil Kumar Khetan) in a dowry‑death case involving offences under Sections 498A, 304B, 302, 406 IPC and Section 4 of the Dowry Prohibition Act. Earlier …

SIDDARAMA AND ORS.versusSTATE OF KARNATAKA

2006 INSC 622Disposed off

The appellants were convicted for offences under Sections 143, 147, 341, 307 and 149 of the IPC, with the High Court altering the conviction for the assault to Section 326 read with Section 149 and imposing eight years' rigorous imprisonment plus a Rs.500 fine. The appellants challenged the …

THE MANAGING DIRECTOR, NORTHEAST K.R.T.C.versusDEVIDAS MANIKRAO SADANANDA

2006 INSC 623Appeal(s) allowed

A driver employed by the Northeast Karnataka Road Transport Corporation collided his bus with the rear of another corporation bus while overtaking, causing the latter to strike a tree, injuring 56 passengers and killing four. The corporation’s disciplinary authority dismissed the driver, but the …

SHRI MEHBOOB ALI AND ORS.versusSMT. HABIBAN

2006 INSC 611Appeal(s) allowed

The tenants sought relief under Order VI Rule 17 of the CPC, arguing that the landlord had not served a notice under Section 106 of the Transfer of Property Act before filing an eviction suit. A single judge of the Rajasthan High Court allowed the plea, relying on Prakash Mal v. Jaswant Raj Soni, …

SURESH CHANDRA NANHORYAversusRAJENDRA RAJAK AND ORS.

2006 INSC 612Appeal(s) allowed

The Supreme Court examined a civil revision order passed by the Madhya Pradesh High Court under Section 115 of the Code of Civil Procedure, 1908, which was decided after hearing only the applicant’s counsel and without issuing any notice to the appellant. A review petition highlighting the lack of …

RAVI CONSTRUCTIONS CO.versusSOMVANSHI ARYA KSHATRIYA SAMAJ AND ORS.

2006 INSC 606Appeal(s) allowed

Ravi Constructions Co. appealed a Bombay High Court order that had allowed a second appeal under Section 100 of the CPC without framing a substantial question of law, challenging the validity of a consent decree entered in an earlier suit filed by the chief trustee of the Somvanshi Arya Kshatriya …

STATE OF PUNJAB AND ORS.versusSHRI GANPAT RAJ

2006 INSC 597Appeal(s) allowed

The respondent, a retired employee, filed a civil writ petition in the Punjab and Haryana High Court seeking a mandamus directing the employer to pay interest of 18% on delayed pension and other retirement benefits. The High Court referred the petition to a Lok Adalat for settlement, and the Lok …

ORIENTAL INSURANCE COMPANY LTD.versusMUNIMAHESH PATEL

2006 INSC 598Appeal(s) allowed

The wife of the complainant obtained a Janata Personal Accident Policy for Rs 5 lakhs and died in an accident. The insurer refused the claim alleging that the proposal form contained a false statement about the insured's occupation (teacher versus housewife). The complainant approached the State …

STATE OF GUJARAT AND ORS.versusDILIPBHAI SHALIGRAM PATIL

2006 INSC 594Appeal(s) allowed

The respondent, a railway employee, challenged his discharge by filing a writ petition in the Gujarat High Court. The Single Judge issued an interim order reinstating him pending disposal of the petition, but later dismissed the writ petition, expressly stating that the interim relief stood vacated. …

JAWALA SINGH (D) BY LRS. AND ORS.versusJAGAT SINGH (D) BY LRS. AND ORS.

2006 INSC 582Disposed off

The Supreme Court examined two appeals challenging a Punjab and Haryana High Court order that allowed a second appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating any substantial question of law. The appellants argued that the High Court erred by not stating a specific …

HINDUSTAN PETROLEUM CORPN. AND ANR.versusCHANDER BHAN AND ANR.

2006 INSC 580Appeal(s) allowed

Hindustan Petroleum Corporation advertised for open‑category retail outlet dealers and issued a letter of intent to Chander Bhan (respondent No.1) for a site he claimed was readily available in Gurgaon. Subsequently the Haryana Urban Development Authority allotted a plot at Sector 53, Gurgaon to the …

BEENA PHILIPOSE AND ANR.versusSTATE OF KERALA

2006 INSC 577Disposed off

The appellants, Beena Philipose and her father, were convicted for forging university mark‑sheets to secure admission to a medical college, offences punishable under Sections 420, 471, 120B, 466 and 468 of the Indian Penal Code. The Sessions Judge sentenced them to one year and three years of …

A.GEETHAversusSTATE OF TAMIL NADU AND ANR.

2006 INSC 578Dismissed

The appellant, A. Geetha, challenged the preventive detention of her husband under the Tamil Nadu Prevention of Dangerous Activities Act, 1982, alleging that the detaining authority failed to consider a representation and that the likelihood of his release on bail was remote because of an NDPS case. …

MAHESH LALL SEAL AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 575Case Partly allowed

The appellants' property was requisitioned in 1987 and acquired under the Requisition and Acquisition of Immovable Property Act, 1952. Although a 1975 agreement fixed a price of Rs 18,98,000, the claimants received this amount in 1993 under protest and later sought higher compensation, leading the …

SHAM SHANKAR KANKARIAversusSTATE OF MAHARASHTRA

2006 INSC 576Case Partly allowed

The deceased Vijay was tied to a cot and brutally assaulted with an iron pipe and wooden stick by six accused, leading to his death. While on his deathbed he gave a dying declaration to his brother (PW9) and mother (PW10) identifying all six assailants. The trial court convicted the principal …

KHALEK SHAIKHversusSTATE OF WEST BENGAL

2006 INSC 572Case Partly allowed

The appellant was convicted under Section 46A(a)(ii) of the Bengal Excise Act, 1909 for unlawful possession of 40 litres of illicit distilled liquor and sentenced to three years' rigorous imprisonment. He appealed, contending that no independent witness was examined, that the offence was one of …

SURINDER SINGH @CHHINDA AND ANRversusSTATE OF PUNJAB

2006 INSC 573Case Partly allowed

The case involves four accused who stopped the complainant and his son; one accused thrust a knife into the son, causing his death. The trial court convicted all four under Section 302/323 read with Section 34 of the IPC, and the High Court affirmed the conviction. Two of the accused (Surinder Singh …

DEFIANCE KNITTING INDUSTRIES PVT. LTD.versusJAY ARTS

2006 INSC 567Appeal(s) allowed

Defiance Knitting Industries filed a summary suit for Rs.98.81 lakh and applied for unconditional leave to defend under Order XXXVII Rule 3(5) of the CPC, which was rejected. The Bombay High Court, in a civil revision, directed the defendant to deposit Rs.20 lakh to show bonafides and allowed a …

UNION OF INDIA AND ANR.versusAYUB ALI

2006 INSC 568Disposed off

The respondent, a Class II contractor, was denied revalidation of his enlistment on the ground of insufficient marks, which were based on delay in completion of work and quality of work. He filed a writ petition which was allowed by a Single Judge of the Delhi High Court. The Division Bench …

CORPORATION OF KOCHIversusELAMKULAM VILLAGE CO-OPERATIVE SOCIETY LTD. AND ANR.

2006 INSC 565Appeal(s) allowed

The Elamkulam Village Co-operative Society Ltd operated a private market under a licence issued by the Corporation of Kochi. It failed to renew the licence for the year 1997-98 and submitted a belated renewal application in August 1998 for both 1997-98 and 1998-99, which the Corporation rejected. …

GANESH BANK KURUNDWAD LTD. AND ORS.versusTHE UNION OF INDIA AND ORS.

2006 INSC 560Dismissed

Ganesh Bank, Kurundwad Ltd. incurred large losses in 2004‑05 and the Reserve Bank of India (RBI) imposed a three‑month moratorium on 7 January 2006 under section 45 of the Banking Regulation Act, 1950, appointing two of its own directors to the bank’s board. The RBI then proposed, and the Central …

VIDYODAYA TRUST AND ORS.versusMR. MOHAN PRASAD R AND ORS.

2006 INSC 557Disposed off

The respondents filed a suit under Section 34 of the Trust Act seeking management of Vidyodaya Trust, and the District Court allowed the suit by granting leave under Section 92 of the CPC after deciding a preliminary issue on its maintainability. The appellants challenged this order, filing a …

KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI

2006 INSC 549Appeal(s) allowed

The daily‑wage workman Mohammed Rafi claimed that his termination by Krishna Bhagya Jala Nigam Ltd. violated Section 25‑F of the Industrial Disputes Act, 1947, and the Labour Court ordered his reinstatement. The employer appealed; a single High Court judge set aside the award, holding that the …

GANPATIBAI AND ANR.versusSTATE OF M.P. AND ORS.

2006 INSC 540Appeal(s) allowed

The appellants challenged a scheme under the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973, and the consequent notification (Sec. 4) and declaration (Sec. 6) issued under the Land Acquisition Act, 1894. They filed a civil suit in 1990, which was held non‑maintainable by the civil court in 2001. …

SETTU AND ORS.versusSTATE OF TAMIL NADU

2006 INSC 534Case Partly allowed

The case involved three accused who attacked a man, causing his death, and also injured his friend. Appellant No.1 used a concealed knife to inflict multiple head injuries that proved fatal; Appellant No.2 cut the victim's back and knee and also wounded the friend; Appellant No.3 struck the victim's …

T. ANJANAPPA AND ORS.versusSOMALINGAPPA AND ANR.

2006 INSC 536Appeal(s) allowed

The appellants filed a suit claiming title to a municipal allotment, purchasing the land two days after filing, and alleged that the respondents had encroached on a portion of the property by erecting a hutment three years earlier. The respondents contended that they had been in possession since …

STATE OF WEST BENGAL AND ORS.versusSRI SRI LAKSHMI JANARDAN THAKUR AND ORS.

2006 INSC 530Appeal(s) allowed

The State of West Bengal initiated proceedings under the West Bengal Land Reforms Act, 1955 to determine whether the land held by the deity Sri Sri Lakshmi Janardan Thakur constituted a public or private religious endowment. The Revenue Officer and subsequent appellate authorities held the endowment …

TUNDAL (DEAD) BY L.RS. AND ORS.versusMUNSHI AND ORS.

2006 INSC 518Dismissed

The owners of agricultural land mortgaged the property and, after the mortgagor's death, the heirs filed a suit for redemption under the Punjab Redemption of Mortgages Act. The Collector dismissed the suit for lack of sufficient evidence, but did not record any findings on the merits. The heirs …

DYANESHWAR RAMACHANDRA RAO PATANGEversusBHAGIRATHIBAI

2006 INSC 519Appeal(s) allowed

The plaintiff, a sister of the deceased brother, filed a suit for specific performance of a sale agreement concerning a house. The deceased had died leaving three sisters and his second wife, who had not remarried. The trial court upheld the suit, but the first appellate court held the plaintiff was …

JAI SINGHversusUNION OF INDIA AND ORS.

2006 INSC 526Dismissed

The appellants, recruited as daily‑wage constables on an ad‑hoc basis in the CRPF's 124 Auxiliary Battalion, had their services terminated when the battalion was disbanded and a permanent battalion was raised. The termination was justified on the ground that their services were no longer required …

UNION OF INDIA AND ORS.versusK.G.SONI

2006 INSC 512Appeal(s) allowed

The respondent K.G. Soni, a store attendant in the Bank Note Press, was charged with misconduct for not disclosing his first wife's name on an attestation form and for marrying a second woman while his first marriage subsisted. A departmental inquiry under the Central Civil Services (Clarification, …

M/S. ALEMBIC GLASS INDUSTRIES LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE

2006 INSC 511Appeal(s) allowed

Alembic Glass Industries Ltd., a glass manufacturer whose factory was closed after a strike, reduced its advertising expenditure. Its bulk purchaser, Mis Darshak Ltd., began advertising the glass to boost sales. The Central Excise authorities issued a show‑cause notice demanding duty on the basis …

CENTRAL BUREAU OF INVESTIGATIONversusRAVI SHANKAR SRIVASTAVA, IAS AND ANR.

2006 INSC 505Appeal(s) allowed

The Central Bureau of Investigation (CBI) registered an FIR under the Delhi Special Police Establishment Act, 1946 against an IAS officer. The respondent filed a petition under Section 482 of the Code of Criminal Procedure seeking quashment of the FIR, alleging that the State of Rajasthan had …

ANUP KUMAR KUNDUversusSUDIP CHARAN CHAKRABORTY AND ORS.

2006 INSC 503Appeal(s) allowed

Respondent No.1 (Sudip Charan Chakraborty) applied to the West Bengal Administrative Tribunal for appointment as Professor and to set aside Dr. Dilip Karmakar's appointment. The Tribunal partially allowed the application, setting aside Dr. Karmakar but holding the applicant's claim for professorship …

KERALA STATE SCIENCE & TECHNOLOGY MUSEUMversusRAMBAL COMPANY AND ORS.

2006 INSC 487Disposed off

The Kerala State Science & Technology Museum, a state‑owned society, entered into a construction contract with Rambal Company (Respondent No. I). After alleged breach, the museum terminated the contract and later issued a demand notice under Section 34 of the Revenue Recovery Act, 1968 for Rs …

M/S RAPTI COMMISSION AGENCYversusSTATE OF U.P. AND ORS.

2006 INSC 488Appeal(s) allowed

The appellant, an agent purchasing mentha oil in Uttar Pradesh for principals outside the state, was detained by the State Revenue for not deducting tax under Section 8‑E of the Uttar Pradesh Trade Tax Act, 1948. The agent filed a writ petition challenging the constitutional validity of Section 8‑E, …

HANIF AZAMI ELIY ASAZAMIversusSHABANA MOHSIN GHAZI @ SHAIKH AND ANR.

2006 INSC 484Disposed off

The appellant purchased a flat jointly owned by Respondent No.1 and her husband (Respondent No.2) on the basis of an unregistered power of attorney and paid Rs.11.40 lakh in cash. Fearing disturbance of his possession, he filed a suit for injunction and the trial court eventually ordered the parties …

ROMESH KUMAR SHARMAversusUNION OF INDIA AND ORS.

2006 INSC 485Dismissed

The appellant, a Havildar/Clerk in the Ladakh Scouts with 17 years of service, was found to have participated in espionage during 1984‑85. A Court of Inquiry under Rule 177 of the Army Rules, 1954 confirmed his involvement, and the Army dismissed him under Section 20(1) of the Army Act, 1950, …

M/S REIZ ELECTROCONTROLS PVTS. LTD.versusCOMMR. OF CENTRAL EXCISE, DELHI-I

2006 INSC 479Disposed off

Mis RE manufactured electronic fan regulators under the brand "REIZ" since 1988, while its sister company Mis REPL, formed in 1993, manufactured electronic transformers using the same brand. Under Notification No. 1/93, a manufacturer using another's brand name is ineligible for small‑scale …

LACHMAN SINGHversusSTATE OF HARYANA

2006 INSC 476Case Partly allowed

A dispute over water flow escalated into a roof‑side gunfight in which Lachman Singh, Dev Singh and Randhir Singh fired a revolver, killing Naib Singh and injuring several others. The trial court convicted all three under Section 302 IPC, Section 307 IPC with Section 34, and under the Arms Act. On …

UTTARANCHAL ROAD TRANSPORT CORPN. AND ORS.versusMANSARAM NAINWAL

2006 INSC 477Appeal(s) allowed

Mansaram Nainwal, a bus driver of Uttaranchal Road Transport Corporation, was dismissed after a departmental inquiry found him guilty of rash driving that caused a fatal accident. The Labour Court upheld the dismissal, but he was acquitted in the parallel criminal trial. The High Court, relying on …

SYED IBRAHIMversusSTATE OF ANDHRA PRADESH

2006 INSC 473Appeal(s) allowed

Syed Ibrahim was convicted under Section 302 IPC for the murder of his wife based solely on the testimony of the deceased's father, PW I. The High Court upheld the conviction despite noting inconsistencies in PW I's evidence. On appeal, the Supreme Court examined whether a conviction can rest on a …

DALJIT SINGH AND ORS.versusSTATE OF PUNJAB THROUGH SECRETARY HOME AFFAIRS

2006 INSC 474Appeal(s) allowed

The case involved six accused, of whom four were convicted under IPC sections 307/34, 324/34 and 323/34 for a violent assault. The trial court sentenced them, and the High Court upheld convictions under sections 324/34 and 323/34 but acquitted on 307/34. On appeal, the accused argued that the High …

M/S. AMRIT PAPERversusCOMMISSIONER OF CENTRAL EXCISE, LUDHIANA

2006 INSC 465Dismissed

Amrit Paper, a manufacturer of paper, claimed exemption from central excise duty for March 2000 under Notification No. 6/2000‑CE. The company initially availed Modvat credit on input duty and cleared the goods at nil rate, but later reversed the credit, paid the duty and sought a refund of the …

C.A. SULAIMAN AND ORS.versusSTATE BANK OF TRAVANCORE, ALWAYEE AND ORS.

2006 INSC 466Disposed off

The Supreme Court examined whether the Kerala High Court correctly disposed of three second appeals without first formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure, 1908. The respondents argued that the proviso to sub‑section (5) of Section 100 …

OM PRAKASH SRIVASTAVAversusUNION OF INDIA AND ANR.

2006 INSC 463Disposed off

Om Prakash Srivastava, extradited from Singapore, filed a writ petition in the Delhi High Court under Article 226 alleging violation of the Extradition Act and inhuman prison conditions in Uttar Pradesh. The Delhi High Court held that it might have jurisdiction but that the Allahabad High Court …

STATE OF RAJASTHAN AND ANR.versusRAJASTHAN CHEMIST ASSOCIATION

2006 INSC 462Dismissed

The Supreme Court examined the constitutional validity of Section 4A of the Rajasthan Sales Tax Act, 1994, which levied tax on the first point sale of drugs, medicines and formulations by wholesalers to retailers based on the Maximum Retail Price (MRP) printed on the package rather than the actual …

RANCHI REGIONAL DEVELOPMENT AUTHORITYversusSUSHIL KUMAR MAHTO AND ORS.

2006 INSC 458Disposed off

The petitioners filed a public interest litigation alleging that the Ranchi Regional Development Authority (RDA) had illegally sanctioned the construction of certain multi‑storeyed buildings in violation of the Regional Development Authority Act, the Building Regulations and the Building Byelaws, …

GIAN DASSversusTHE GRAM PANCHAYAT, VILLAGE SUNNER KALAN AND ORS.

2006 INSC 459Disposed off

The appellant, a Saunjidar, obtained a decree for possession of land from the trial court and the first appellate court. The High Court, on a second appeal under Section 100 of the CPC, set aside those decrees, holding that only the Collector under Section 11 of the Punjab Village Common Lands …

M/S. R.R. HOLDING P. LTD.versusCOMMISSIONER OF INCOME TAX, DELHI AND ANR.

2006 INSC 460Disposed off

R.R. Holding Ltd filed its return for AY 1986-87 claiming a loss and later disclosed a commission income of Rs 1.61 crore, prompting a notice under section 148. The assessee sought interest on a tax refund under section 244(1A) and appealed to the Delhi High Court, which held that the matter was …

S. SUDERSHAN REDDY & ORS.versusSTATE OF ANDHRA PRADESH

2006 INSC 455Dismissed

Four accused were convicted under Section 302 IPC for the murder of Khaja Saheb. The prosecution relied mainly on the testimony of PW‑3, a close relative of the deceased, while other eye‑witnesses (PW‑1, PW‑2, PW‑4) either gave only partial support or later retracted their statements. The appellants …

VIKRAMA SHAMA SHETTYversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 456Dismissed

Vikram Shama Shetty applied for an FL‑III licence to sell foreign liquor from his restaurant located near a mosque. Rule 45(1‑C) of the Bombay Foreign Liquor Rules bars licences for establishments within 75 metres of a religious institution. While an earlier appellate authority had allowed the …

INDIAN FINANCIAL ASSN. SEVENTH PAY ADVENTISTSversusM.A. UNNEERIKUTTY AND ANR.

2006 INSC 457Dismissed

The Indian Financial Association of Seventh Day Adventists (the appellant) owned a 30‑cent property containing a church, school and other buildings. It passed a resolution to sell the land and, through a duly executed power of attorney, its representative (defendant No. 2) entered into two sale …

SOUTH EASTERN COALFIELDS LTD.versusPREM KUMAR SHARMA AND ORS.

2006 INSC 448Appeal(s) allowed

South Eastern Coalfields Ltd. appealed against a Madhya Pradesh High Court order that directed it to provide a compensatory appointment to Prem Kumar Sharma, who claimed to be a land loser after 0.72 decimal of his land was acquired. The appellant argued that entitlement to employment is governed by …

STATE OF GUJARAT AND ORS.versusVALI MOHMED DOSABHAI SINDHI

2006 INSC 449Appeal(s) allowed

The respondent, a police constable, applied for correction of his date of birth in his service record after receiving a retirement order based on the recorded birth year of 1923. The High Court allowed the correction on the basis of a school leaving certificate and directed payment of arrears for …

UNION OF INDIAversusANUP KR. ROY

2006 INSC 450Appeal(s) allowed

The respondent, a former Transmission Executive of All India Radio, retired voluntarily on 31 July 1997, before the Prasar Bharati Act, 1990 came into force on 23 November 1997. A Government Memorandum dated 25 February 1999 granted upgraded pay scales to employees "currently in service of Prasar …

MRS. VIJAYA SHRIVASTAVAversusM/S. MIRAHUL ENTERPRISES AND ORS.

2006 INSC 451Hearing Adjourned

The case arose from two suits filed in the Delhi High Court seeking specific performance of a 1983 agreement for the sale of flats and a refund of a loan allegedly advanced by the plaintiffs to the developers. The trial judge framed ten issues in each suit, found in favour of the plaintiffs, and …

UNION OF INDIA AND ORS.versusCAPT. SATENDRA KUMAR

2006 INSC 444Appeal(s) allowed

The respondent, a commissioned officer in the Indian Army, was required to pass the Part B promotional examination within 13 years of service. He falsely claimed to have passed Part B and applied for the Part D exam, leading to a show‑cause notice and a severe displeasure award. While his case was …

STATE OF GUJARAT AND ANR.versusKARSHANBHAI K. RABARI AND ORS.

2006 INSC 445Appeal(s) allowed

The State of Gujarat challenged a Gujarat High Court Division Bench order that had granted daily wage workers, who were temporarily appointed on a work‑charge basis, the same benefits as regular government employees under a 1988 Government Resolution. The Division Bench had set aside a Single …

UNION OF INDIAversusSHRI AVTAR SINGH

2006 INSC 446Appeal(s) allowed

The respondent, Shri Avtar Singh, applied for a pension under the Swatantrata Sainik Samman Pension Scheme, 1980, claiming imprisonment during the freedom struggle. Although a pension was initially granted, the authorities later cancelled it upon discovering that the respondent had given two …

STATE OF J & K AND ORS.versusSAJAD AHMED MIR

2006 INSC 436Appeal(s) allowed

The applicant, Sajad Ahmed Mir, sought a compassionate appointment after his father, a government employee, died in service in 1987. His application was made in 1991, rejected in 1996, and he did not challenge the decision until filing a writ petition in 1999. The single judge dismissed the petition …

ADMINISTRATOR, B.S.R.T.C.versusRANJANA MAJHI AND ORS.

2006 INSC 440Case Partly allowed

An accident caused the death of Basudev Majhi involving a vehicle of the B.S.R.T.C. corporation and a police jeep. The Motor Vehicles Claims Tribunal, applying Section 166 of the Motor Vehicles Act, awarded Rs.2,30,400 in compensation and directed the corporation and the Superintendent of Police, …

EKTA SHAKTI FOUNDATIONversusGOVT. OF NCT OF DELHI

2006 INSC 441Dismissed

The Delhi Government framed a scheme under the Integrated Child Development Service (ICDS) to supply supplementary nutrition through Anganwadi Centres, inviting NGOs with at least three years of registration to apply. Three NGOs challenged the three‑year eligibility rule, arguing it was irrational, …

STATE OF PUNJAB AND ORS.versusJASBIR SINGH AND ORS.

2006 INSC 442Appeal(s) allowed

The respondents, originally teachers in the Punjab Education Department, were appointed on deputation and transfer as lecturers under Government Order No. 22/7/90 and a subsequent order dated 3 August 1990. The order expressly stated that such officers would serve in their existing pay scale and …

STATE OF MADHYA PRADESHversusSANTOSH KUMAR

2006 INSC 432Appeal(s) allowed

The appellant State of Madhya Pradesh challenged the High Court's reduction of the rigorous imprisonment term for Santosh Kumar, who was convicted of raping a six‑year‑old girl under Section 376(2) of the IPC and also under Section 342. The trial court had sentenced him to ten years' rigorous …

STANDARD CHARTERED BANK LTD.versusDR. B.N. RAMAN

2006 INSC 433Case Partly allowed

Dr. B.N. Raman, a non‑resident Indian, deposited US$5,000 in a Foreign Currency Non‑Resident (FCNR) account with Standard Chartered Bank in August 1979, which was to mature in November 1984 and was later reinvested at higher rates. The bank later claimed the deposit was prematurely withdrawn in …

JAYANT ACHYUT SATHEversusJOSEPH BAIN DSOUZA AND ORS.

2006 INSC 434

The Supreme Court heard a group of appeals challenging the Bombay High Court's handling of a public interest litigation that questioned the legality of Regulation 33(7) of the Development Control Regulations, 1991 as amended in 1999. The petitioners alleged that the amendment, which fixed a minimum …

M/S. JINDAL STAINLESS LTD. AND ANR.versusSTATE OF HARYANA AND ORS.

2006 INSC 435

Multiple appeals and writ petitions challenged various state levies imposed by Haryana, alleging that the taxes were compensatory in nature and violated Article 301 of the Constitution. The Supreme Court examined the judicially evolved concept of "compensatory tax" and overruled the earlier "some …

UP STATE ROAD TRANSPORT CORPORATIONversusKRISHNA BALA AND ORS.

2006 INSC 426Case Partly allowed

The appellant, U.P. State Road Transport Corporation, challenged the award of Rs.5,12,000 made by a Motor Accident Claims Tribunal to the widows and children of Rajveer Singh, who died in a motor accident on 29‑Nov‑1990. The Tribunal had used a multiplier of 22, based on the deceased’s presumed 22 …

BHUPINDER SINGH AND ORS.versusJARNAIL SINGH AND ANR.

2006 INSC 427Appeal(s) allowed

The appellants were arrested for a dowry death under Section 304B(8) of the IPC and applied for bail, contending that the police challan had not been filed within the statutory period. The trial magistrate rejected bail, holding that the challan was filed within 90 days, while the Sessions Judge …

STATE OF ANDHRA PRADESHversusS. NARASIMHA KUMAR AND ORS.

2006 INSC 428Disposed off

The State of Andhra Pradesh appealed to the Supreme Court against a High Court order acquitting several accused, including D.V. Chandrasekhar (A‑3). While the appeal under Article 136 was pending, Chandrasekhar died, and his wife filed a petition asserting that the appeal had abated. The Court …

PRIYA PATELversusSTATE OF M.P. AND ANR.

2006 INSC 420Appeal(s) allowed

The appellant, Priya Patel, was charged under IPC sections 323 and 376(2)(g) for allegedly facilitating her husband’s rape of a woman. The High Court upheld the charge, holding that Explanation I to Section 376(2) makes a woman liable for ‘gang rape’ if she assists the act. On appeal, the Supreme …

KUSHUM LATAversusUNION OF INDIA AND ORS.

2006 INSC 421Dismissed

The Supreme Court examined a writ petition filed as a Public Interest Litigation (PIL) challenging the auction of sand and boulder mines under Uttar Pradesh Minor Minerals (Concession) Rules, 1963. The petitioner, who was also a tenderer and a party to a related writ petition, alleged irregularities …

UNION OF INDIAversusR. BHUSAL

2006 INSC 424Disposed off

The appellant Union of India challenged a Delhi High Court order that granted a permanent commission to R. Bhusal, an Air Force officer who had served on a Short Service Commission. Bhusal's request for permanent commission was denied by the service board on the grounds that he failed to meet the …

PAPPUversusSTATE OF MADHYA PRADESH

2006 INSC 412Case Partly allowed

The appellant Pappu was convicted for the death of Mal Singh, who died after a lathi blow to the head during a sudden quarrel at a marriage function. The appellant argued that the incident fell within Exception 4 of Section 300 IPC, which would reduce the offence to culpable homicide not amounting …

JYOTHI ADEMMAversusPLANT ENGINEER, NELLORE AND ANR.

2006 INSC 413Disposed off

The widow of a plant engineer who died of a heart attack at a thermal station claimed compensation under the Workmen's Compensation Act, 1923, alleging that the death resulted from stress and strain of his duties. The Commissioner awarded compensation, but the respondents appealed, arguing that the …

MANJULAversusK.R. MAHESH

2006 INSC 414Disposed off

The husband filed a divorce petition in the Family Court, Chennai, on fault grounds, while the wife filed a transfer petition in the Supreme Court under Section 25 of the Code of Civil Procedure seeking to move the case to the Family Court in Mumbai. During the hearing, both parties agreed that the …

IBRAHIM NAZEERversusSTATE OF TAMIL NADU AND ANR.

2006 INSC 408Dismissed

Ibrahim Nazeer was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) after customs seized electronic goods from his baggage at Chennai airport. His wife filed a habeas corpus petition challenging the detention, arguing that …

DIRECTOR, TOWN PLANNING MAHARASHTRA AND ANR.versusBHALCHANDRA VASANTRAO KULKARNI

2006 INSC 409Appeal(s) allowed

The respondent, a peon in the Director, Town Planning, Maharashtra, was terminated for misconduct by an order that dispensed with a departmental inquiry under Article 311(2) of the Constitution, citing reasons for doing so. The respondent challenged the termination, arguing that the reasons were …

STATE OF HARYANA AND ANR.versusSHRI OM PRAKASH

2006 INSC 410Appeal(s) allowed

The respondent, a former member of the Armed Forces discharged on 13 June 1967, was appointed to a civil post in 1972 and claimed a pension under Rule 4(iii) of the Punjab Government National Emergency (Concession) Rules, 1965. The State argued that the gap of more than three years between discharge …

CHANIversusTHE STATE OF UTTAR PRADESH

2006 INSC 402Appeal(s) allowed

The Supreme Court considered an appeal by Channi, who had been convicted under the IPC and whose sentence was partially altered by the Allahabad High Court. Channi applied for release on probation under Section 4 of the Probation of Offenders Act, alternatively under Section 360 of the Code of …

STATE OF TAMIL NADU AND ANR.versusALAGAR

2006 INSC 403Appeal(s) allowed

The State of Tamil Nadu detained Alagar under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, on the ground that he was a 'goonda'. The Madras High Court set aside the …

V.K. RATHEESHversusSTATE OF KERALA

2006 INSC 404Appeal(s) allowed

V.K. Ratheesh was tried for murder (IPC 302) and the trial court acquitted him, finding serious discrepancies in the prosecution's evidence. The Kerala High Court set aside the acquittal, deeming the discrepancies trivial, and convicted him under IPC 304(1) with a seven‑year sentence. On appeal, the …

ASSISTANT ENGINEER, C.A.D. KOTAversusDHAN KUNWAR

2006 INSC 398Appeal(s) allowed

The respondent, a temporary work‑charged employee, was terminated in the early 1980s and, after an eight‑year gap, filed a claim for reinstatement and back wages under Section 10(1) of the Industrial Disputes Act, 1947. The Labour Court awarded 30% back wages and ordered reinstatement, but the High …

M/S. INDIAN DRUGS AND PHARMACEUTICALS LTD.versusDEVKI DEVI AND ORS.

2006 INSC 399Appeal(s) allowed

Mis Indian Drugs & Pharmaceuticals Ltd., a public sector undertaking, gave contract work to the widows and dependents of employees who died in harness after a union demand, without any compassionate appointment scheme. The contracts were later terminated in 1998 due to the company's severe financial …

SHRI BALASAHEB K. THACKERAY AND ANR.versusSHRL VENKAT @ BABRU AND ANR.

2006 INSC 401

The complainant filed a private defamation complaint under IPC s.500 read with s.34 against the editor, printer and publisher of a newspaper. The trial court issued process, but a petition under CrPC s.482 was dismissed by the High Court. While the appeal was pending before this Court, the …

A.P. FOODSversusS. SAMUEL AND ORS.

2006 INSC 391Case Partly allowed

A.P. Foods, a non‑profit public‑sector establishment run by the Andhra Pradesh Nutrition Council, was challenged by its employees who demanded bonus under the Payment of Bonus Act, 1965. The Labour Commissioner held the Act inapplicable, but the employer later paid ex‑gratia and subsequently stopped …

U.P STATE ROAD TRANSPORT CORPORATIONversusBABU RAM

2006 INSC 392Disposed off

The respondent, Babu Ram, was employed on a temporary basis by the U.P. State Road Transport Corporation and was terminated in 1983. After a fifteen‑year gap, the dispute was referred to the Labour Court in 1998, which held the termination illegal and ordered reinstatement with back wages. The …

DEVINDER SINGH AND ORSversusSTATE OF HARYANA AND ANR.

2006 INSC 393Dismissed

The appellants, Devinder Singh and others, filed a civil suit seeking a declaration that they were owners in possession of a parcel of land and that the authorities' orders declaring the land surplus and allotting it were null and void. The respondents contended that the suit was barred by Section …

R. KALAVATHIversusTHE STATE OF TAMIL NADU AND ORS.

2006 INSC 379Appeal(s) allowed

The Supreme Court examined a detention order issued under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, which labeled the detenu as a "goonda" on the basis that he habitually committed crimes. The petition challenging the detention alleged that the grounds relied on a …

CHIEF ENGINEER, RANJIT SAGAR DAM AND ANR.versusSHAM LAL

2006 INSC 380Appeal(s) allowed

The Supreme Court examined an appeal by the Chief Engineer, Ranjit Sagar Dam (appellants) against a Labour Court order that reinstated workman Sham Lal and awarded back wages. The central questions were whether the burden of proof to show that a workman had worked at least 240 days in the year …

SURENDRANAGAR DISTT. PANCHAYAT AND ANR.versusGANGABEN LALJIBHAI AND ORS.

2006 INSC 381Appeal(s) allowed

The employer, Surendranagar District Panchayat, terminated several daily‑wage workers and claimed that none had worked continuously for 240 days in the preceding year, a condition required under Section 25‑F of the Industrial Disputes Act, 1947 for retrenchment. The workers contended they had met …

MORINDA COOPERATIVE SUGAR MILLS LTD.versusMORINDA COOP. SUGAR MILLS WORKERS UNION

2006 INSC 378Dismissed

The Morinda Co‑op. Sugar Mills Workers Union filed a suit seeking a declaration that its members were entitled to a variable dearness allowance (VOA) under para 317(ii) of the Third Wage Board Report and an injunction restraining the mill from withdrawing the allowance. The mill contended that the …

MAYURAM SUBRAMANIAN SRINIVASANversusCBI

2006 INSC 374

The appellants filed criminal appeals under Section 10 of the Special Courts (Trial of Offences Relating to Transaction in Securities) Act, 1992, but had not surrendered to their sentences. The Court examined whether Order XXI Rule 13A of the Supreme Court Rules, 1966, which requires surrender …

HARI SINGHversusTHE STATE OF U.P.

2006 INSC 375Dismissed

Hari Singh filed a writ petition under Article 32 of the Constitution seeking a direction to the Central Bureau of Investigation to probe the murder of his son, Yashvir Singh, alleging that the police had ignored the FIR due to pressure from influential persons. The Supreme Court examined whether …

KALU RAM AND ANR.versusSTATE OF DELHI

2006 INSC 372Appeal(s) allowed

The appellants Kalu Ram and others were convicted by the trial court under Section 304(1) read with Section 34 of the Indian Penal Code and sentenced to seven years' rigorous imprisonment. They filed an appeal against the conviction, while an informant filed a criminal revision petition seeking …

STATE OF HARYANA AND ORS.versusM/S. AGM MANAGEMENT SERVICES LTD.

2006 INSC 373Disposed off

The State of Haryana and others appealed against a writ petition filed by Mis. AGM Management Services Ltd., which the Punjab and Haryana High Court had dismissed by relying on an earlier decision in Ramesh Chand v. Registrar‑cum‑Deputy Commissioner, Jind. The appellants argued that the High Court …

SENTHAMILSELVIversusSTATE OF TAMIL NADU AND ANR.

2006 INSC 370Dismissed

The appellant, the mother of a detainee, challenged his preventive detention on three grounds: alleged delay in disposing of his representation, the detaining authority's inference that he might be released on bail despite no bail application, and the non‑supply of a co‑accused's confessional …

HOTEL AND RESTAURANT KARAMCHARI SANGHversusM/S. GULMARG HOTEL AND ORS.

2006 INSC 369Appeal(s) allowed

The Hotel and Restaurant Karamchari Sangh filed a complaint under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 seeking recovery of wages exceeding Rs 60,000 from Gulmarg Hotel. The employer later paid part of the amount, reducing the outstanding sum to below Rs 50,000 and …

RAJINDERversusSTATE OF HARYANA

2006 INSC 368Appeal(s) allowed

The appellant Rajinder was convicted for the death of his nephew Subhash, who died from a thigh wound inflicted by a firearm. The trial court and High Court upheld a conviction under Section 302 IPC (murder) and Section 27 of the Arms Act. On appeal, the Supreme Court examined the distinction …

CHANDRIKA SINGH (DEAD) THR. L.RS.versusARVIND KUMAR SINGH (DEAD) BY L.RS. AND ORS.

2006 INSC 321Appeal(s) allowed

Arvind Kumar Singh sold land to Paras Sah, whose deed was registered on 14 June 1984. Paras Sah then executed a second sale deed in favour of Ghurla Kuer, which was not registered until 31 August 1984. Chandrika Singh, a raiyat of adjoining lands, filed a pre‑emption application on 17 July 1984 …

BHOGADI KANNABABU AND ORS.versusVUGGINA PYDAMMA AND ORS.

2006 INSC 322Dismissed

The appellant tenants, nephews of the deceased landowner Suryanarayana, occupied several acres of land in Vishakhapatnam district. After the death of Suryanarayana's first wife Chilakamma, the second wife Pydamma claimed ownership and filed an eviction suit under the Andhra Pradesh Tenancy Act …

OM PRAKASHversusSTATE OF U.P.

2006 INSC 317Dismissed

The appellant Om Prakash was convicted of raping a married woman (the prosecutrix) in the veranda of a Zila Parishad near a court, after having come to the premises to help her husband obtain bail. The victim’s testimony, corroborated by an eye‑witness (her brother‑in‑law) and medical examination, …

HERO VINOTH (MINOR)versusSESHAMMAL

2006 INSC 305Dismissed

The case arose from a dispute over a right of way granted in a 1950 partition deed among five brothers. The plaintiff (appellant) bought one brother's share and sought a permanent injunction to prevent the defendant (respondent), the widow of another brother, from obstructing his property with a …

RAM BACHAN RAI AND ORS.versusRAM UDAI RAI AND ORS.

2006 INSC 294Appeal(s) allowed

The appellants, judgment debtors, sought to set aside an ex parte decree dated 3 May 1976 and later faced an execution application filed by the decree holders on 5 April 1991. The executing court held that the 12‑year limitation period under Article 136 of the Limitation Act began from the dismissal …

RAVI RAO GAIK WAD AND ORS.versusRAJAJINAGAR YOUTH SOCIAL WELFARE ASSON. AND ORS.

2006 INSC 285Appeal(s) allowed

The appellants filed writ petitions seeking a declaration that they were deemed to have been granted licences for operating video‑game businesses under Clause 4(8) of the Licensing and Controlling of Place of Public Amusement (Bangalore City) Order, 1989. Respondent No. I filed a separate …

NAVDEEPversusSTATE OF PUNJAB AND ORS.

2006 INSC 286Disposed off

Navdeep, a government teacher, was terminated after an enquiry found she had tampered with her B.Sc. mark sheet to meet eligibility percentages for a teaching post. The enquiry officer concluded that marks in Economics were reduced and marks in Computer Application increased, indicating intentional …

U.O.I. AND ORS.versusBASHIR AHMED

2006 INSC 282Appeal(s) allowed

Bashir Ahmed, a former sepoy, served 9 years 7 months and 27 days, including a two‑year reserve liability, but did not meet the service length required for pension under the Army Instructions applicable at the time (15 years in colours and 2 years in reserve). The High Court, relying on a …