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ARIJIT PASAYAT

1966 judgments · newest first · showing 1601–1800

BISHNU PRASAD DASHversusRAJ KUMAR AGARWAL AND ORS.

2006 INSC 273Disposed off

The appellant, representing IDCOL, challenged a decision of the Orissa High Court that set aside a government order awarding a copper cable tender to IDCOL and directed that a later higher offer by OSICL be considered. The High Court had entertained the writ petition without impleading IDCOL, …

MARWAR GRAMIN BANK AND ANR.versusRAM PAL CHOUHAN

2006 INSC 259Disposed off

Ram Pal Chouhan, a staff member of Marwar Gramin Bank, was dismissed under Regulation 30(1)(f)/(t) of the Bank's Service Regulations for alleged illegal gratification and other misconduct, including charges relating to cash‑book irregularities (charges 6 and 7). He challenged the dismissal by filing …

MANAGEMENT, METTUR BEARDSELL LTD.versusWORKMEN OF METTUR BEARDSELL. LTD. & ANR.

2006 INSC 256Disposed off

Mettur Beardsell Ltd, facing financial difficulties, transferred its textile operations to its wholly‑owned subsidiary Mettur Textile Pvt. Ltd. The workers were individually notified and several unions entered into settlements under Section 12(3) of the Industrial Disputes Act, agreeing to become …

AMARJIT KAUR AND ORS.versusKARAMVIR SINGH AND ORS.

2006 INSC 243Dismissed

Ajit Singh, a common ancestor, sold ancestral land to Bishan Singh without consideration. Joginder Singh, a descendant, sued to declare the sale void and protect his reversionary rights, obtaining a decree that the sale would not affect those rights after Ajit Singh's death. A compromise was later …

MST. SUGANIversusRAMESHWAR DAS AND ANR.

2006 INSC 244Appeal(s) allowed

Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for …

PADMA BEN BANUSHALI AND ANR.versusYOGENDRA RATHORE AND ORS.

2006 INSC 245Appeal(s) allowed

The appellants obtained a decree for eviction of the respondents. While the respondents' appeal was pending, the parties entered into an agreement to withdraw the appeal and not to execute the decree, conditional upon the execution of a sale deed. The appellants later filed an execution application; …

STATE OF KERALA AND ORS.versusSUNIL KUMAR AND ORS.

2006 INSC 240Appeal(s) allowed

The predecessor of the respondents was granted a lease over forest land, but later encroached on an additional 146.42 acres. The Kerala State Government initially decided to regularise the encroachment by granting a lease, but after the Forest Conservation Act, 1980 came into force, it rejected the …

RAJ PAL AND ORS.versusTHE STATE OF HARYANA

2006 INSC 234Case Partly allowed

The appellants, Raj Pal and others, assaulted a deceased and several witnesses with lathis over a property dispute, resulting in the deceased's death. They claimed the assault was in private defence of their person and property, asserting that they had suffered injuries themselves. The trial court …

TRANSMISSION CORPN., A.P. LTD. AND ORS.versusP. RAMACHANDRA RAO AND ANR.

2006 INSC 230Appeal(s) allowed

The respondents, who retired on 30 April 1990, sought parity in pension and terminal benefits with employees retiring on or after 1 July 1990, arguing that the corporation's pay‑scale revision dated 1 July 1990 discriminated against them. The corporation relied on a Memorandum of Settlement executed …

STATE OF MAHARASHTRA AND ANR.versusSURESH PANDURANG DARVAKAR

2006 INSC 227Appeal(s) allowed

The State of Maharashtra appealed against a Bombay High Court order that released convicted rapist Suresh Pandurang Darvakar on furlough. Darvakar, sentenced to seven years for offences under Sections 376 and 354 IPC, applied for furlough but his sister refused to stand surety, and police reports …

MINU KUMARI AND ANR.versusSTATE OF BIHAR AND ORS.

2006 INSC 223Appeal(s) allowed

An FIR was lodged alleging offences under Sections 341, 323 and 435 IPC. Police investigation found that two women, Minu Kumari and Runjhun Kumari, were not involved and submitted a charge sheet only against two men. The Chief Judicial Magistrate, however, took cognizance and issued summons against …

LOK RAMversusNIHAL SINGH AND ANR

2006 INSC 218Dismissed

The appellant Lok Ram was not originally named as an accused in a dowry‑death case in which his sons were convicted. The complainant applied under Section 319 of the Code of Criminal Procedure to summon Lok Ram as an accused; the trial court rejected the application on the ground that the …

T.N. GODAYARMAN THIRUMALPADversusUNION OF INDIA AND ORS.

2006 INSC 219Disposed off

The petitioners challenged the Central Empowered Committee’s (CEC) recommendations to demolish fish‑tanks (bunds) constructed inside Kolleru Lake Wildlife Sanctuary and to prohibit the use or transport of inputs for pisciculture, arguing that demolition could only follow acquisition of private lands …

CENTRAL GOVERNMENT OF INDIA AND ORS.versusKRISHNAJI PARVETESH KULKARNI

2006 INSC 214Appeal(s) allowed

The respondents had purchased Indira Vikas Patras (IVPs) from post offices and subsequently lost the certificates. The post offices refused to issue duplicate certificates, relying on Rule 7(2) of the Indira Vikas Patra Rules, 1986, which bars replacement of lost, stolen, mutilated, defaced or …

KARNATAKA POWER CORPORATION LIMITED AND ANR.versusK. THANGAPPAN AND ANR.

2006 INSC 201Appeal(s) allowed

The dispute arose from a 1979 settlement under Section 12(3) of the Industrial Disputes Act, whereby a workman who had been on the nominal muster roll was to be appointed to a vacancy when one arose. The workman failed to report for duty in 1979 and his name was removed; after nearly two decades he …

STATE OF MAHARASHTRA AND ORS.versusA.P. PAPER MILLS LTD.

2006 INSC 196Appeal(s) allowed

The State of Maharashtra issued tender notices for the sale of forest bamboo units, requiring a 10% earnest money deposit. A.P. Paper Mills submitted its tender on the deadline of 15 July 1987 and deposited the earnest money. The tender notice stipulated that an offer remains valid for 45 days and …

SMT. SANDHYA JADHAVversusSTATE OF MAHARASHTRA

2006 INSC 192Case Partly allowed

The appellant Sandhya Jadha and co‑accused, who were tenants, assaulted their landlord when he came for rent and, during the ensuing quarrel, the appellant delivered a knife blow to the back of the landlord's nephew, who later died. They were convicted under Section 302 IPC (murder) and related …

MARUTI UDYOG LTD.versusSUSHEEL KUMAR GABGOTRA AND ANR.

2006 INSC 187Appeal(s) allowed

The consumer purchased a Maruti car that developed a clutch defect within the warranty period. Despite multiple attempts, the company and its authorized dealer failed to rectify the defect. The consumer filed a complaint under Section 17 of the J&K Consumer Protection Act, 1988 seeking a refund of …

PUNJAB & SIND BANKversusALLAHABAD BANK AND ANR.

2006 INSC 183Appeal(s) allowed

Respondent No. I (Allahabad Bank) instituted a suit against appellant Punjab & Sind Bank for recovery of a large sum. The appellant moved to dismiss the suit, contending that the Supreme Court's directives in the ONGC‑1 case required disputes involving the Government or its undertakings to be …

STATE OF PUNJAB AND ANR.versusMEWA SINGH

2006 INSC 166Appeal(s) allowed

The State of Punjab acquired land for urban development in SAS Nagar and framed a 1974 scheme to allot residential plots to persons whose land was taken. Mewa Singh, claiming a one‑fourth share in 66 kanals 9 marlas, applied in 1980 for a plot, asserting sole entitlement. Earlier writ proceedings …

CHIEF ADMINISTRATOR PUDA AND ANOTHERversusMRS. SHABNAM VIRK

2006 INSC 167Appeal(s) allowed

The Punjab Urban Development Authority (PUDA) advertised a housing scheme with a tentative flat price of Rs 6.3 lakh, stating that the price could be revised upward. Applicants, including the respondent, applied, signed a proforma undertaking to abide by all terms and to pay any higher cost due to …

UNION OF INDIA AND ORS.versusRANBIR SINGH RATHAUR AND ORS.

2006 INSC 163Appeal(s) allowed

The case concerns several army officers who were tried by General Court Martial for espionage, some convicted and others dismissed administratively under Section 18 of the Army Act, 1950. Their writ petitions challenging the Court Martial proceedings and the administrative dismissals were dismissed …

HARIDAS DASversusSMT. USHA RANI BANIK AND ORS.

2006 INSC 159Appeal(s) allowed

Haridas Das entered into an oral agreement in 1982 to purchase a suit property, paid most of the consideration and took possession with a promise of a registered sale deed within three years. To protect his possession he filed Title Suit No. 201/85, reserving the right to sue for specific …

PRABHAKARAN AND ORS.versusM. AZHAGIRIPILLAI (DEAD) BY LRS. AND ORS.

2006 INSC 155Appeal(s) allowed

The plaintiffs, heirs of the original mortgagor, sued the heirs of the mortgagee for redemption of a usufructuary mortgage dated 7 September 1935 and for an account of income. The mortgagee had assigned the mortgage to an assignee on 12 February 1954, and the plaintiffs argued that this assignment …

UNION OF INDIA AND ANR.versusKANKUBEN (DEAD) BY LRS. AND ORS. ETC. ETC.

2006 INSC 156Appeal(s) allowed

The workmen (respondents) filed applications under Section 33‑C(2) of the Industrial Disputes Act, 1947 seeking recovery of overtime allowances for duties involving moving locomotives. The Labour Court allowed the applications and awarded the claimed amounts. The employer (Indian Railways) …

ZAHIRA HABIBULLAH SHEIKH AND ANR .versusSTATE OF GUJARAT AND ORS.

2006 INSC 143Dismissed

In a communal violence case in Gujarat, the trial court acquitted the accused after several witnesses, including Zahira Habibullah Sheikh, turned hostile. Zahira later alleged intimidation and coercion before various bodies, prompting the Supreme Court to order a retrial in Maharashtra. During the …

G. AMALORPAVAM AND ORS.versusR.C. DIOCESE OF MADURAI AND ORS.

2006 INSC 137Dismissed

The respondents filed a suit for possession, arrears of rent and damages which was decreed by the trial court. The appellants appealed to the first appellate court, which dismissed the appeal, and a second appeal to the Madras High Court was also dismissed. The appellants contended that the …

STATE OF U.P. AND ORS.versusRAJKUMAR SHARMA AND ORS.

2006 INSC 135Appeal(s) allowed

The Uttar Pradesh Public Service Commission advertised 544 Junior Engineer posts for the Hill Cadre of the undivided state and published a select list in 2000. After the creation of the new State of Uttaranchal, the Uttar Pradesh Government forwarded the list to Uttaranchal, which refused to appoint …

STATE OF KARNATAKAversusPARAMJIT SINGH AND ORS.

2006 INSC 134Disposed off

The State of Karnataka and the Union of India appealed against a Karnataka High Court judgment that had struck down the proviso to Section 27 of the Consumer Protection Act, 1986 on the ground that it allowed tribunals to impose imprisonment or fine without prescribing a trial procedure, violating …

DINESH @ BUDDHAversusSTATE OF RAJASTHAN

2006 INSC 130Dismissed

An eight‑year‑old girl belonging to a Scheduled Caste was allegedly raped by Dinesh @ Buddha on the night of 5 February 1998. The trial court convicted him under IPC Section 376(2)(f) (rape of a child under 12) and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, sentencing him to …

A.P.S.R.T.C. AND ORSversusG. SRINIVASA REDDY AND ORS.

2006 INSC 107

The Andhra Pradesh State Road Transport Corporation (AP SRTC) issued a 1988 circular allowing absorption of casual employees but expressly excluding contract labour. Several scavengers employed through contractors filed writ petitions seeking regularisation under the circular. The High Court, on …

PURAN DASversusUNION OF INDIA AND ORS.

2006 INSC 100Dismissed

Puran Das, a constable in the Indo‑Tibetan Border Police, was suspended in 1973 and later removed from service in 1976. The Himachal Pradesh High Court set aside his removal and reinstated him with consequential benefits. He subsequently qualified for the required promotion tests in 1984 and 1986, …

FOOD CORPORATION OF INDIAversusM/S. LAXMI CATTLE FEED INDUSTRIES

2006 INSC 99Appeal(s) allowed

The Food Corporation of India (FCI) invited tenders for damaged foodgrains and accepted a bid from Laxmi Cattle Feed Industries, which deposited the earnest money. The buyer later sought cancellation of the portion of the contract that could not be performed and a refund of the balance, also …

KRISHNASWAMY S. PD. AND ANR.versusUNION OF INDIA AND ORS.

2006 INSC 97Dismissed

The appellants, who were the intended purchasers of a property, challenged an order of pre‑emptive purchase made by the Income Tax Department under Section 269UD of the Income Tax Act, 1961, on the ground that the order was unreasoned and they were denied a hearing. The property owner did not …

TRANSMISSION CORPORATION OF A.P. LTD. AND ORS.versusM/S SRI RAMA KRISHNA RICE MILL

2006 INSC 95Disposed off

The appellant, Transmission Corporation of A.P. Ltd., issued a provisional and then a final assessment of Rs.1,41,270 against the respondent, a low‑tension consumer, alleging pilferage of electricity. The respondent objected and appealed under the Terms and Conditions of Supply, seeking a right to …

BALAKRISHNANversusMALAIYANDI KONAR

2006 INSC 94Dismissed

Balakrishnan, the decree holder, purchased the judgment debtor's property in a court auction in 1981 and the sale was confirmed in 1983. He later filed an application for delivery of possession, which the trial court ordered in his favour. The respondent challenged the order, arguing that the …

CEAT LTD.versusANAND ABASAHEB HAWALDAR AND ORS.

2006 INSC 89Appeal(s) allowed

CEAT Ltd. introduced a Voluntary Retirement Scheme (VRS‑I) which 337 employees accepted, and later a second scheme (VRS‑II) under a Memorandum of Understanding which 179 employees accepted. Six former employees who had retired under VRS‑I alleged that the company committed an unfair labour practice …

STATE OF PUNJAB AND ORS.versusBALWINDER SINGH

2006 INSC 90Disposed off

Balwinder Singh, appointed Constable and later promoted to Head Constable by the Deputy Inspector General (DIG) of Punjab Police, was dismissed by the Superintendent of Police (SP) for unauthorized absence. He appealed the dismissal to the DIG, which was also dismissed, and then filed a suit seeking …

BANSRAJ LALTAPRASAD MISHRAversusSTANLEY PARKER JONES

2006 INSC 91Appeal(s) allowed

The appellant filed a suit for possession and compensation of premises, alleging a leave‑and‑license agreement with the defendant. The defendant amended his pleadings, first claiming to be a sub‑tenant and later asserting that he had been in possession before the alleged agreement. The trial court …

S.L. SRINIVASA JUTE TWINE MILLS P. LTDversusUNION OF INDIA AND ANR .

2006 INSC 85Appeal(s) allowed

Four jute mills filed writ petitions seeking a declaration that the 1998 amendment (Act 10 of 1998) removing clause (d) of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 did not affect the "infancy protection" they had already accrued. The amendment eliminated the …

SMT. SEEMAversusASHWANI KUMAR

2006 INSC 83

The Supreme Court, hearing a transfer petition concerning a matrimonial suit, observed that the lack of official marriage records in many States enables unscrupulous persons to deny the existence of marriages, adversely affecting women and children. It noted that while several States have rules for …

VEMAREDDY KUMARASWAMY REDDY AND ANR.versusSTATE OF A.P.

2006 INSC 80Appeal(s) allowed

The appellants, Vemareddy Kumaraswamy Reddy and another, had surrendered surplus agricultural land that contained fruit‑bearing cashew trees. The dispute centered on the amount payable for those trees under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, specifically …

H.P. PYAREJANversusDASAPPA (DEAD) BY LRS. AND ORS.

2006 INSC 73Appeal(s) allowed

The plaintiff, H.P. Pyarejan, entered into a sale agreement with five co‑owners, advancing a loan on condition that all would execute the deed. Only four signed, and the plaintiff sued for specific performance including the fifth defendant. The trial court and first appellate court dismissed the …

SOUTH BENGAL STATE TRANSPORT CORPN.versusSWAPAN KUMAR MITRA AND ORS.

2006 INSC 68Appeal(s) allowed

Swapan Kumar Mitra, a bus driver of South Bengal State Transport Corporation, was removed from service after a departmental inquiry that relied on the District Magistrate's report and the inquiry officer's findings, despite being acquitted in a criminal trial for the same accident. He challenged the …

MUNICIPAL CORPORATION, JAIPURversusSHANKARLAL

2006 INSC 70Disposed off

The respondent sought a writ under Article 226 directing the Municipal Corporation of Jaipur to regularise his plot of land based on a 1989 resolution of the Jaipur Development Authority (JDA). The corporation contended it was not bound by the predecessor authority's decision, and raised pleas of …

RAM SARANversusI.G. OF POLICE, CRPF AND ORS.

2006 INSC 66Dismissed

Ram Saran was appointed as a Constable in the Central Reserve Police Force by falsifying his date of birth on a school certificate. After 27 years of service, a departmental enquiry found him guilty of furnishing false information to secure appointment, a violation of Section 11(1) of the CRPF Act …

PHILOMINA JOSEversusFEDERAL BANK LTD. AND ORS.

2006 INSC 57Appeal(s) allowed

The appellants, Philomina Jose and others, sought to exercise their right of redemption under Order 34 Rule 5 of the Code of Civil Procedure (CPC) after sale decrees were passed in 1985 and 1989. The Kerala High Court dismissed their petitions, holding that the mortgage debt merged into the sale …

A.P.S.R.T.C. AND ANR.versusB.S. DAVID PAUL

2006 INSC 56Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (AP SRTC) terminated certain employees who claimed they were its workers. The Labour Court held the termination illegal and ordered reinstatement, after which the employees sought back wages under Section 33-C(2) of the Industrial Disputes Act, …

L.I.C OF INDIAversusSUSHIL

2006 INSC 41Case Allowed

The respondent, Sushil, was appointed by the Life Insurance Corporation of India on the basis of a claim that he belonged to the Scheduled Tribe Halba. The Committee for Scrutiny and Verification of Tribe Claims found his claim to be fraudulent and ordered invalidation. The Bombay High Court, …

SHAILESH JASVANTBHAI AND ANR.versusSTATE OF GUJARAT AND ORS.

2006 INSC 35Case Partly allowed

The Supreme Court examined the sentencing of two accused, Pratapji and Jayantubha, who had assaulted Sameer Kumar and Shailesh Jasvantbhai with knives on 30 March 2002, resulting in serious injuries. The trial court convicted them under IPC sections 307, 324, 504 read with 114 and sentenced each to …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusHARVINDER SINGH

2006 INSC 36Appeal(s) allowed

Harvinder Singh applied for a new large‑supply electricity connection on 10 March 1992 and deposited the required security. The Punjab State Electricity Board later issued Circular No. CC 41/95 (4 May 1995) and a clarificatory Circular (6 February 1996) imposing a one‑time contract‑demand charge on …

RAM BACHAN RAI AND ORS.versusRAM UDAR RAI AND ORS.

2006 INSC 33Matter referred to larger bench

In Ram Bachan Raj & Ors. v. Ram Udar Rai & Ors., the appellant challenged a Subordinate Judge's order that the limitation period for filing an execution petition under Article 136 of the Limitation Act, 1963 began when the decree became enforceable (i.e., when signed). The appellant relied on …

UNION OF INDIA AND ORS.versusFLIGHT CADET ASHISH RAI

2006 INSC 34Appeal(s) allowed

The respondent, a flight cadet in the Indian Air Force, was repeatedly given opportunities to train in different courses but was terminated each time due to medical unfitness, academic failure and repeated misconduct. After a series of Training Review Boards recommended termination, the Air …

STATE OF GUJARAT AND ANR.versusAKSHA Y ARUTLAL THAKKAR

2006 INSC 29Appeal(s) allowed

The respondents, appointed as Home Guard Commandants under the Bombay Home Guards Act, 1947, were disengaged after the authorities found they had violated the political‑neutrality undertaking required by the Notification dated 17‑April‑1993. The State of Gujarat contended that the disengagement …

MOST. ETWARI DEVI AND ORS.versusMOST. PARVATI DEVI

2006 INSC 30Appeal(s) allowed

The husband of appellant No.1 (Nunu Mahto) filed a suit for specific performance against the respondent for failure to return sale deeds, claiming he was ready to pay the consideration. After his death, his heirs substituted as plaintiffs. The trial court decreed specific performance, which was …

KANCHAN AND ORS.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

2006 INSC 31Dismissed

The Supreme Court examined whether permits granted by the Uttar Pradesh State Transport Authority (STA) under Section 68(3)(b) of the Motor Vehicles Act, 1988 were legally valid. The STA had issued 48 permits without any applications, on the same day it purportedly assumed the power to grant …

EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH COLLIERY OF M/S BHARAT COKING COAL LTD.versusTHEIR WORKMEN REPRESENTED BY RASHTRIYA COLLIERY MAZDOOR SANGH

2006 INSC 24Appeal(s) allowed

The Supreme Court examined two disputes referred by the Central Government under Section 10 of the Industrial Disputes Act, 1947, concerning whether workers engaged through a contractor at Sudamdh Colliery were to be treated as workmen of the principal employer, Bharat Coking Coal Ltd. The Tribunal …

ORISSA ELECTRICITY REGULATORY COMMISSIONversusL.I. PARIJA AND ORS.

2006 INSC 26Appeal(s) allowed

The Orissa High Court had issued interim orders restraining the Orissa Electricity Regulatory Commission (ERC) from fixing tariffs for 2002-03 and 2003-04, later modifying the orders to permit the ERC to act but keeping the writ petitions pending for monitoring. The ERC proceeded to fix the tariffs …

K.C. SKARIAversusTHE GOVT. OF STATE OF KERALA AND ANR.

2006 INSC 17Case Partly allowed

The appellant, an independent contractor, entered into an item‑rate construction contract with the State of Kerala and claimed Rs. 2,00,000 for work done, paying court‑fee on that amount. The trial court decreed the suit for the claimed sum, finding the State had breached the contract by delaying …

UNION OF INDIA AND ORS.versusDEVENDRA NATH RAI

2006 INSC 18Appeal(s) allowed

The accused, Devendra Nath Rai, while on quarter‑guard duty, refused to let three army personnel in civilian attire make a "lights out" entry, claimed they were terrorists, and opened fire, killing two soldiers and grievously injuring two others. He was tried by a General Court Martial under the …

UNION OF INDIA AND ORS.versusSUBEDAR DEVASSY PY

2006 INSC 19Disposed off

The Union of India filed a civil contempt petition alleging non‑compliance with directions given in a writ judgment against Subedar Devassy. The Madhya Pradesh High Court dismissed the contempt proceeding, finding no contempt, but thereafter issued additional directions, which the Union challenged …

RAKESH KUMAR MISHRAversusTHE STATE OF BIHAR AND ORS.

2006 INSC 3Appeal(s) allowed

The appellant, a police officer supervising a dacoity case, ordered a warrantless search of the residence of Respondent No.2, the father of a suspect, which led to a complaint alleging harassment. The Judicial Magistrate took cognizance of offences under IPC sections 342, 389, 469, 471 and 1208, and …

MOHD. YOUSUFversusSMT. AFAQ JAHAN AND ANR.

2006 INSC 1Appeal(s) allowed

Mohd. Yousuf filed an application before the Chief Judicial Magistrate alleging forgery and fraud, prompting the magistrate to direct the police to register an FIR and investigate under Section 156(3) of the CrPC. The police filed a charge‑sheet, after which Afaq Jahan (respondent No. I) moved the …

SONEPAT COOPERATIVE SUGAR MILLS LTD.versusRAKESH KUMAR

2005 INSC 631Dismissed

Sonepat Cooperative Sugar Mills Ltd. employed Rakesh Kumar on daily wages in its computer department from 1 July 1998 to 31 August 1999 and later terminated his services. Kumar claimed the termination violated Section 25F of the Industrial Disputes Act, 1947 because he had worked more than 240 days …

TARA CHAND JAINversusSIR GANGA RAM HOSPITAL AND ANR.

2005 INSC 620Dismissed

The appellant underwent a prostate operation at Sir Ganga Ram Hospital and subsequently suffered continuous urinary leakage, pain and other ailments. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence and seeking Rs. 40 lakh as …

HARSHAD CHIMAN LAL MODIversusD.L.F. UNIVERSAL LTD. AND ANR.

2005 INSC 615

Harshad Chimanlal Modi filed a suit in the Delhi High Court for specific performance and possession of immovable property situated in Gurgaon. The suit was later transferred to the Delhi District Court, where the defendants amended their written statement to raise a jurisdictional objection under …

M/S. U.P.S.R.T.C.versusIMTIAZ HUSSAIN

2005 INSC 613Appeal(s) allowed

The respondent, a conductor, was suspended and later removed from service for not issuing tickets. The Labour Court reinstated him but held he was not a permanent conductor and therefore denied back wages. The respondent filed an application under Section 6(6) of the Uttar Pradesh Industrial …

STATE OF ORISSA AND ORS.versusGOPINATH DASH AND ORS.

2005 INSC 610Appeal(s) allowed

The State of Orissa issued an executive order to allot quarters to armed police personnel on a rotational basis for a minimum of three years, aiming to address a shortage of accommodation. Petitioners challenged this policy as unfair and illegal, first before the Orissa Administrative Tribunal, …

ADMINISTRATOR KAMALA NEHRU MEMORIAL HOSPITALversusVINOD KUMAR

2005 INSC 599Appeal(s) allowed

The Administrator of Kamala Nehru Memorial Hospital terminated the services of clerk Vinod Kumar, who claimed that he had worked continuously for at least 240 days in a calendar year and was therefore entitled to protection under Section 6(N) of the Uttar Pradesh Industrial Disputes Act. The Labour …

CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD.versusRAMU PASI AND ANR.

2005 INSC 608Disposed off

Ramu Pasi, a casual worker in the factory of Central Mine Planning and Design Institute Ltd., claimed compensation under the Workmen's Compensation Act, 1923 for an injury to his left ring finger suffered on 11 June 1986. The Labour Court awarded Rs 4001, but the employer appealed, contending that a …

STATE OF ORISSA AND ANR.versusSAROJ KUMAR SAHOO

2005 INSC 596Appeal(s) allowed

The State of Orissa filed FIRs against Saroj Kumar Sahoo and Nalinikanta Muduli for alleged offences under the IPC and the Prevention of Corruption Act. While the investigation was still pending, a Single Judge of the Orissa High Court exercised its inherent power under Section 482 of the Code of …

STATE OF M.P. AND ORS.versusONKAR PRASAD PATEL

2005 INSC 598Disposed off

Onkar Prasad Patel, a helper in the Public Health Engineering Department of Madhya Pradesh, worked continuously from 17 November 1991 and sought regularisation as a permanent employee under the Madhya Pradesh Industrial Relations Act, claiming six months of satisfactory service in a clear vacancy. …

UMRAO SINGHversusPUNJABI UNIVERSITY, PATIALA AND ORS.

2005 INSC 594

Punjabi University advertised three Lecturer positions in Defence & Strategic Studies, requiring a MA, UGC eligibility test or exemption via M.Phil/Ph.D. thesis submission by 31 Dec 2002, and a Punjabi language qualification. The High Court quashed the selections of Umrao Singh, Kewal Krishan and …

LIFE INSURANCE CORPORATION OF INDIAversusR. DHANDAPANI

2005 INSC 590Appeal(s) allowed

R. Dhandapani, an assistant with Life Insurance Corporation of India (LIC), was transferred to a new branch but failed to join, subsequently taking privileged and medical leave without furnishing a medical certificate from the LIC‑designated doctor. The employer issued a charge sheet for …

CHAIRMAN, OIL AND NATURAL GAS CORPORATION LTD. AND ANR.versusSHYAMAL CHANDRA BHOWMIK

2005 INSC 583Appeal(s) allowed

The respondent, a casual worker of ONGC, claimed that he had worked more than 240 days in a year and sought regularisation of his service through a writ petition. The Guwahati High Court allowed the petition, holding that the employer bore the burden of proving the contrary. ONGC appealed, arguing …

UNION OF INDIA AND ANR.versusMAJOR BAHADUR SINGH

2005 INSC 581Disposed off

Major Bahadur Singh, a serving officer, was considered for promotion to Lieutenant Colonel by Selection Boards in 1995‑96 but was not empanelled. He filed statutory complaints to set aside his Annual Confidential Report (ACR) entries for 1988‑89 and 1989‑90, alleging adverse remarks that were not …

STATE OF ORIS SA AND ORS.versusMD. ILLIYAS

2005 INSC 582Appeal(s) allowed

The Sarpanch of Neulapur Gram Panchayat, MD Illiyas, was alleged to have collected illegal gratification and misled poor beneficiaries under the Indira Avas Yojana. A Sub‑Collector conducted an inquiry, concluded that the Sarpanch had wilfully abused his powers, and the Collector suspended him under …

RAJINDER SINGH CHAUHAN AND ORS.versusSTATE OF HARYANA AND ORS.

2005 INSC 579Appeal(s) allowed

The appellants, employees of the Haryana State Federation of Consumers Co‑operative Wholesales Stores Ltd (CONFED), were retrenched under Section 25‑F of the Industrial Disputes Act, 1947. They challenged the retrenchment, contending that Section 25‑N, which applies to industrial establishments, …

M/S. KABINI MINERALS PVT. LTD. AND ANR.versusSTATE OF ORISSA AND ORS.

2005 INSC 577Dismissed

Kabini Minerals Pvt Ltd applied on 7 October 2002 for a 10‑year quarry lease for decorative stones, having only entered a land‑purchase agreement and ordered machinery but not yet established a processing unit. Respondent No.4 applied later, on 5 December 2002, and purchased an already‑operating …

SHAIKH SALIM HAJI ABDUL KHAYUMSABversusKUMAR AND ORS.

2005 INSC 578Appeal(s) allowed

In a civil suit for partition, the defendants were required to file a written statement within 30 days, with a possible extension up to 90 days under Order VIII, Rule 1 of the CPC. The trial court, however, granted an extension till 19‑Feb‑2004, which fell beyond the 90‑day limit, and the defendants …

PUNJAB STATE ELECTRICILY BOARDversusDARBARA SINGH

2005 INSC 569Appeal(s) allowed

The Punjab State Electricity Board appointed the respondent as a daily‑wage peon for a series of specific, conditional periods, ending when a regular employee was hired. After the appointment ended in June 1989, the respondent filed a demand for reinstatement in 1997; the Labour Court ordered …

DIRECTOR GENERAL DOORDARSHAN MANDI HOUSE, NEW DELHI AND ORS.versusMANAS DEY AND ORS.

2005 INSC 572Appeal(s) allowed

The appellants challenged the entitlement of the respondents to "temporary" status under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1993. The respondents, who had worked as casual labourers from 1988 to 1997, claimed that they satisfied the scheme’s requirement of at …

STATE OF PUNJAB AND ORS.versusM/S CHHABRA RICE MILLS AND ORS

2005 INSC 574Dismissed

The State of Punjab appealed against Mis Chhabra Rice Mills challenging the levy of purchase tax on the market fee charged to buyers under the Punjab General Sales Tax Act, 1948. The issue was whether the market fee, paid to the market committee, forms part of the turnover for tax purposes. The …

MADAN LAL AND ANRversusBAL KRISHAN AND ORS.

2005 INSC 566Disposed off

The Supreme Court examined a civil appeal (No. 918 of 2000) wherein the Himachal Pradesh High Court had allowed a second appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating any substantial question of law. The appellant contended that the High Court erred by reversing …

JAGDISH KUMAR AND ORS.versusSTATE OF H. P. AND ORS.

2005 INSC 562Appeal(s) allowed

The appellants were recruited as Tracer Draftsmen between 1974‑76 under a government relaxation of the qualification requirements in Rule 6(i) of the Himachal Pradesh PWD Draftsmen and Tracers Rules, 1961. They were placed in the seniority list in 1977 before passing the departmental examination, …

HARBANSversusOM PRAKASH AND ORS.

2005 INSC 560Dismissed

Harbans (plaintiff) and co‑defendants claimed ownership of a suit land on the basis that a usufructuary mortgage created over a century ago had become extinguished because the statutory limitation period for redemption (60 years) had expired. The defendant, Om Prakash, asserted that he had redeemed …

RUKMANI AMMAL AND ANR.versusJAGDEESA GOUNDER

2005 INSC 555Appeal(s) allowed

The case involved a usufructuary mortgage where the mortgagee, Rukmani Ammal, purchased the mortgaged property in a court‑sanctioned auction in 1966. The plaintiff, Jagdesa Gounder, who had bought a portion of the property from the original owner in 1964, sued for declaration of title and …

PARAMJIT BHASIN AND ORS.versusUNION OF INDIA AND ORS.

2005 INSC 556Disposed off

The petitioners challenged state government notifications that allowed vehicles to continue carrying excess load after the offence had been compounded under Section 200 of the Motor Vehicles Act, 1988. The Court examined the provisions of Sections 113, 114, 194 and 200, holding that Section 200 only …

ORISSA AGRO INDUSTRIES CORPORATION LTD. AND ORS.versusBHARATI INDUSTRIES AND ORS.

2005 INSC 551Appeal(s) allowed

The Orissa Agro Industries Corporation entered into a non‑statutory contract with Sharati Industries to lift unserviceable machinery and scrap. A dispute arose over the value of the items actually lifted, with the respondent claiming breach of contract and seeking a refund of Rs 8.5 lakhs plus …

N. NANALAL KIKLAWALA AND ANR.versusSTATE OF GUJARAT AND ORS.

2005 INSC 546Case Partly allowed

The appellants sought a writ of mandamus directing the Nagarpalika to implement a town planning scheme that had been sanctioned under the Gujarat Town Planning and Urban Development Act, 1976. The High Court Single Judge granted the direction, but the Division Bench set it aside on the ground that a …

BHAVNESH MOHANLAL AMIN AND ANR.versusNIRMA CHEMICALS WORKS LTD. AND ANR.

2005 INSC 547Disposed off

The respondents, Nirma Chemicals Works Ltd., owned the registered trademarks "NIRMA" and "NIMA" for soaps, detergents and other consumer items. The appellants, Bhavnesh Mohanlal Amin and others, began using the mark "NIMA" for electric flour mills (Class 7) and were served notice to cease. The …

BALDEV SINGHversusUNION OF INDIA AND ORS.

2005 INSC 543Dismissed

Baldev Singh, an Indian Army officer enrolled in 1978, was arrested in 1987 and convicted under Sections 302, 34 and 452 of the IPC, leading to his dismissal in 1990. The High Court acquitted him in 1992, after which he claimed reinstatement, arrears of pay for the custody period (March …

ST. THERESA'S TENDER LOVING CARE HOME AND ORS.versusSTATE OF A.P.

2005 INSC 520Dismissed

The Society (St. Theresa's Tender Loving Care Home) sought permission to place a five‑year‑old girl, Sahiti, for inter‑country adoption by two U.S. residents. The child was said to have been relinquished by her mother, but the relinquishment deed was later found to be fabricated and the Society had …

CONTROLLER OF DEFENCE ACCOUNTS (PENSION) AND ORS.versusS. BALACHANDRAN NAIR

2005 INSC 515Appeal(s) allowed

The respondent, a former Indian Army soldier, developed anxiety neurosis and was declared medically unfit. He applied for a disability pension, which was denied on the ground that his illness was not attributable to military service. The Kerala High Court initially granted the pension, but the …

UNION OF INDIA AND ORS.versusGULAM MOHD. BHAT

2005 INSC 511Appeal(s) allowed

Gulam Mohd. Bhat, a constable in the Central Reserve Police Force, overstayed his sanctioned leave by 315 days. The competent authority initiated departmental proceedings and, invoking Section 11(1) of the Central Reserve Police Force Act, 1949 and Rule 27 of the 1955 Rules, ordered his removal from …

RAMLAL AND ANR.versusPHAGUA AND ORS.

2005 INSC 507Dismissed

The plaintiff, Phagua, executed a sale deed in favour of Mst. Hasrat Bi after obtaining a Rs.400 loan, simultaneously agreeing that the property would be reconveyed if the loan was repaid within three years. The loan was not repaid, Hasrat Bi's name was mutated in revenue records and she sold the …

CHENNAMMALversusMUNLMALALYAN AND ORS.

2005 INSC 508Dismissed

Munimalaiyan had taken a simple mortgage of Rs.3,000 in 1961, securing it with three properties. Unable to repay, a deed dated 22 Oct 1970 was executed, selling one of the properties to Chennammal for Rs.3,000 while reserving Munimalaiyan's right to repurchase within three years. The dispute …

UNION OF INDIA AND ORS.versusBRAJ NANDAN SINGH

2005 INSC 509Appeal(s) allowed

The respondent, a temporary sorter with the Railway Mail Service, resigned in 1977 to contest elections and his resignation was accepted. After more than two decades he applied for a pension, which was denied on the ground that Rule 26(1) of the Central Civil Services (Pension) Rules forfeits past …

SASIKUMAR AND ORS.versusKUNNATH CHELLAPPAN NAIR AND ORS.

2005 INSC 510Disposed off

The Supreme Court examined a Kerala High Court decision disposing a second appeal (No. 174/1990) without formulating any substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The appellants argued that the High Court erred by not stating the legal question, …

UNION OF INDIA AND ORS.versusASHOK KUMAR AND ORS.

2005 INSC 506Appeal(s) allowed

The case concerned the removal of a Deputy Inspector General of the Border Security Force (BSF), Ashok Kumar, for misconduct during a raid, including falsifying his presence, suppressing seizure details and staging a fake encounter. A Staff Court of Inquiry found him delinquent and the Director …

RAMESHWAR PRASAD AND ORS.versusUNION OF INDIA AND ANR.

2005 INSC 491

The Supreme Court examined writ petitions challenging the Governor's proclamation dated 23 May 2005 that dissolved the Bihar Legislative Assembly after the state had been placed under President's Rule on 7 March 2005. The petitions argued that the dissolution was unconstitutional because the …

BATALA COOPERATIVE SUGAR MILLS LTD.versusSOWARAN SINGH

2005 INSC 504Appeal(s) allowed

The workman, Sowaran Singh, claimed he was a regular employee of Batalá Cooperative Sugar Mills Ltd. from April 1986 and that his termination on 12 February 1994 was illegal, seeking reinstatement and back wages. The employer contended that Singh was engaged on a casual, seasonal basis for a …

THE MANAGING DIRECTOR, TNSTC LTD.versusK.I. BINDU AND ORS.

2005 INSC 485Appeal(s) allowed

A bus owned by the appellant corporation collided with a motorcycle ridden by Satheesh Kumar, aged 34, who died. The widow, children and mother filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal calculated an annual dependency of Rs 46,752, applied a …

M.M. MALHOTRAversusUNION OF INDIA AND ORS.

2005 INSC 473Dismissed

M.M. Malhotra, a permanent commission officer of the Indian Air Force, was married to Roopa (Ruby) Malhotra under Hindu rites. The complainant alleged that Malhotra had an illicit relationship and had contracted a second marriage with Miss Anna Suja John, and that he brutally tortured Roopa. A …

STATE TEXTILE CORPORATION LTD.versusP.C. CHATURVEDI AND ORS.

2005 INSC 468Disposed off

The Uttar Pradesh State Textile Corporation Ltd terminated P.C. Chaturvedi, a senior employee, after disciplinary proceedings for alleged misconduct. The employee challenged the termination on the grounds that the enquiry officer had not supplied certain documents and that he was denied subsistence …

STATE OF WEST BENGAL AND ANR.versusALPANA ROY AND ORS.

2005 INSC 442Appeal(s) allowed

The petitioner, a teacher, filed a writ petition seeking regularisation of her services, claiming she had been appointed by the school’s Managing Committee in 1976. The West Bengal Board of Primary Education examined the claim and concluded that the alleged appointment order was fabricated and no …

M/S. TCI FINANCE LTD.versusCALCUTTA MEDICAL CENTRE LTD. AND ANR.

2005 INSC 443Appeal(s) allowed

The appellant, Mis. TCI Finance Ltd., obtained a decree for Rs.20,91,319 against Dr. Ashok Kumar Gupta, the proprietor of the respondent company, and sought execution of the decree. The respondent company, Calcutta Medical Centre Ltd., claimed to be a tenant of Dr. Gupta’s mother and filed an …

HARSHAD CHIMAN LAL MODIversusD.L.F., UNIVERSAL LTD. AND ANR.

2005 INSC 444Dismissed

Harshad Chiman Lal Modi entered into a plot‑buyer agreement with DLF Universal Ltd for a residential plot situated in Gurgaon, while the agreement was executed and payments made in Delhi. He sued the defendants in the Delhi High Court for declaration, specific performance, possession and a permanent …

P.C. AGGARWALAversusPAYMENT OF WAGES INSPECTOR, M.P. AND ORS.

2005 INSC 445Appeal(s) allowed

The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not …

U.P. STATE SPINNING CO. LTD.versusR.S. PANDEY AND ANR.

2005 INSC 447Appeal(s) allowed

The appellant, U.P. State Spinning Co. Ltd., challenged a Allahabad High Court order that quashed the dismissal of workmen R.S. Pandey and another on the ground that the dismissal was effected before receipt of the show‑cause reply. The High Court had entertained a writ petition under Article 226 …

UNION OF INDIA AND ORS.versusJOSEPH P. CHERIAN

2005 INSC 448Appeal(s) allowed

In 1995 a departmental examination for the post of Sub‑Inspector in the Border Security Force was held for 24 vacancies, but the results were later cancelled after a Staff Court of Inquiry found widespread malpractice at several centres. A fresh examination was conducted in 1998 for 86 vacancies; …

JOSEPH SEVERANCE AND ORS.versusBENNY MATHEW AND ORS.

2005 INSC 436Appeal(s) allowed

The appellants entered into a licence agreement with the respondents to construct a cinema theatre, which was renewed for five years in 1991 with a condition to surrender possession after expiry. The licencee died in 1994, after which the respondents remained in possession. The appellants filed a …

ANIGLASE YOHANNANversusRAMLATHA AND ORS.

2005 INSC 437Dismissed

AnigLase Yohannan filed a suit for specific performance of an agreement for sale executed on 15‑Feb‑1978, alleging that he had paid an advance and was ready to pay the balance, while the defendant failed to execute the sale deed within the stipulated six months. The defendant contended that the …

M/S. OBETTEE PVT. LTD.versusMOHD. SHAFIQ KHAN

2005 INSC 438Appeal(s) allowed

The workman, Mohd Shafiq Khan, participated in a strike on 2 May 1980 and was suspended along with two co‑workers, Chunnu and Vakil. While the latter two accepted the charges, tendered unqualified apologies and were subsequently released without further action, Khan contested the charges and did not …

ANWARI BEGUMversusSHER MOHAMMAD AND ANR.

2005 INSC 428Appeal(s) allowed

The appellant, Anwar Begum, challenged the grant of bail to the accused, Sher Mohammad, who had allegedly shot her husband with intent to kill. The trial court denied bail based on eyewitness testimony, but the Allahabad High Court later granted bail through a terse, non‑reasoned order. The Supreme …

U.P.S.E.B. AND ANRversusSANT KABIR SAHAKARI KATAI MILLS LTD.

2005 INSC 429Disposed off

The Uttar Pradesh State Electricity Board (UPSEB), a public sector undertaking, entered into supply agreements with several cooperative societies registered under the Uttar Pradesh Co-operative Societies Act, 1965. Disputes arose over the rates charged and alleged failure to provide uninterrupted …

STATE BANK'S STAFF UNION (MADRAS CIRCLE)versusUNION OF INDIA AND ORS.

2005 INSC 419Dismissed

The Central Government Industrial Tribunal awarded a customary bonus to State Bank of India employees, which the bank’s management challenged. While the award was pending, Parliament enacted the Banking Laws (Amendment) Act, 1984, inserting provisions in the State Bank Act and related statutes that …

GURCHARAN SINGHversusREGISTRAR, CO-OPERATIVE SOCIETIES, HIMACHAL PRADESH AND ORS.

2005 INSC 421Disposed off

Gurcharan Singh, a former employee of a cooperative society in Himachal Pradesh, filed a writ petition challenging his termination, alleging that the society was a "State" within the meaning of Article 12 and thus subject to judicial review under Article 226. The Himachal Pradesh High Court …

BANK OF INDIA AND ANR.versusAVINASH D. MANDIVIKAR AND ORS.

2005 INSC 416Appeal(s) allowed

The employee joined Bank of India in 1976 under the Scheduled Tribe reservation and was promoted in 1984. His caste certificate was referred to the Scrutiny Committee in 1987, which repeatedly invalidated it on grounds of fraud. The Bank terminated his services in 2002, but the Bombay High Court …

MANAGEMENT OF KALPATARU VIDYSAMASTHEY (R) AND ANR.versusS.B. GUPTA AND ANR.

2005 INSC 414Appeal(s) allowed

The respondent was appointed as an Assistant Professor on a one‑year probationary basis on 6 September 1994, relieved before the term ended, and then re‑appointed on 1 September 1995 for a six‑month probationary period ending 29 February 1996. He challenged the order relieving him on 1 March 1996, …

DILIP KUMAR GHOSH AND ORS.versusCHAIRMAN AND ORS.

2005 INSC 415Dismissed

The appellants, holders of B.Ed. degrees, applied for primary school teacher posts in West Bengal where the 1991 recruitment rules require a "trained candidate" to possess a Junior Basic Training/Primary Teacher Training Certificate (JBT/PTTC). They were denied marks for training qualification and …

STATE OF HARYANA AND ANR.versusSATYENDER SINGH RATHORE

2005 INSC 411Appeal(s) allowed

The employee, Satyendra Singh Rathore, was appointed on a six‑month contractual basis as Medical Officer of the Haryana Health Services and was terminated on 25 March 2002. The termination order of 11 April 2002 referred to alleged misconduct but no departmental enquiry or finding of guilt was …

V. RAMANAversusA.P.S.R.T.C. AND ORS.

2005 INSC 399Dismissed

V. Ramana, a conductor with the Andhra Pradesh State Road Transport Corporation, was removed from service for failing to issue tickets, collect fares and maintain records. He challenged the removal by filing a writ petition, which was upheld by the Andhra Pradesh High Court. On appeal, he argued …

V.D. CHAUDHARYversusSTATE OF U.P. AND ANR.

2005 INSC 394Disposed off

The appellant V.D. Chaudhary challenged a bail order granted by the Allahabad High Court to the accused (respondent No.2) for offences under Sections 304 and 338 IPC, alleging that the High Court had not given reasons and that the bail was being used to delay the trial. The case originated from a …

STATE BANK OF INDIA AND ANR.versusBELA BAGCHI AND ORS.

2005 INSC 392Appeal(s) allowed

The State Bank of India (SBI) initiated disciplinary proceedings against its employee, Snigdha Kanti Bagchi, for misappropriating customers' money. While the proceedings were pending, the employee’s service was extended for three months under Rules 20‑A and 20‑B of the SBI (Supervising Staff) …

COMMISSIONER OF PUBLIC INSTRUCTIONS AND ORS.versusK.R. VISHWANATH

2005 INSC 388Appeal(s) allowed

The respondent, K.R. Vishwanath, applied for a compassionate appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules after his father, a government servant, died when he was an infant. His first application was filed more than a year after he attained majority and …

POPAT AND KOTECHA PROPERTYversusSTATE BANK OF INDIA STAFF ASSOCIATION

2005 INSC 387Appeal(s) allowed

The appellant and the respondent entered into a 1983 agreement for the appellant to develop the respondent's property, with the respondent to execute a lease deed after construction, which was never done. The appellant filed a suit in 1990 seeking declaration of title, specific performance, damages …

CHAIRMAN, M.P. ELECTRICITY BOARD AND ORS.versusSHIV NARAYAN AND ANR.

2005 INSC 380Matter referred to larger bench

The Madhya Pradesh Electricity Board classified a lawyer's office as a commercial establishment and demanded commercial tariff for electricity consumption. The landlord, who owned the premises, challenged the demand in the High Court, which held that a lawyer's office is not a commercial …

SRI M. PURANDARA AND ORS.versusMAHADESHA S. AND ORS.

2005 INSC 367Disposed off

The appellants challenged a Karnataka High Court order that had expanded the scope of a writ petition concerning the selection of assistant teachers and had issued directions affecting persons who were not parties to the proceedings. The High Court had upheld the Administrative Tribunal's view on …

BIHAR STATE HOUSING BOARDversusARUN DAKSHY

2005 INSC 368Appeal(s) allowed

The respondent deposited Rs 15,000 as earnest money for a MIG house under the Bihar State Housing Board Regulation, 1983, but was not allotted a house in the lottery. He demanded a refund, which the Board paid in 1995, and subsequently filed a complaint before the District Consumer Forum. The Forum …

SANGEETA SINGHversusUNION OF INDIA AND ORS.

2005 INSC 369Appeal(s) allowed

The appellants were selected as dealers of petroleum products by Indian Oil Corporation Ltd. Their eligibility was challenged on the ground that a close relative – their father‑in‑law – already held a dealership, a relationship not listed among the prohibited categories in the eligibility …

BHAURAO DAGDU PARALKARversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 365Appeal(s) allowed

The petitioners challenged the grant of Freedom Fighters' Pension Scheme benefits to a large number of persons in Beed district who were either not born during the freedom struggle or were toddlers at independence, alleging fraud and false claims. The Bombay High Court had constituted an enquiry …

BRIJ PAL SHARMAversusGHAZIABAD DEVELOPMENT AUTHORITY

2005 INSC 364Dismissed

The appellant, Brij Pal Sharma, had paid full consideration for a housing plot under two different schemes of the Ghaziabad Development Authority (GDA). In the first case the original Karpoori Puram Scheme was cancelled and a new scheme was launched, leading to a refund claim; in the second case …

STATE OF MAHARASHTRA AND ORS.versusR.S. BHONDE AND ORS.

2005 INSC 363Case Partly allowed

Daily‑wage workers at Punjabrao Krishi Vidyapeeth performed permanent‑nature work continuously and alleged that they were being kept as temporary to deny them permanent benefits, invoking unfair labour practice provisions. The Industrial Court held that the university was guilty of unfair practice …

RANI KUSUMversusKANCHAN DEVI AND ORS.

2005 INSC 362Dismissed

The appellant challenged the trial court’s acceptance of the respondent’s written statement, which was filed on 10 July 2004, well beyond the 30‑day normal period and the 90‑day maximum period prescribed under Order VIII, Rule 1 of the Code of Civil Procedure (CPC) as amended by the 2002 Amendment …

GOVT. OF A.P. AND ORS.versusKOLLUTLA OBI REDDY AND ORS.

2005 INSC 351Appeal(s) allowed

The case concerned lands acquired under the Land Acquisition Act, 1894 and the Nagarjuna Sagar Project (Acquisition of Lands) Act, 1956. Original acquisition and awards were made in the early 1980s; fresh notifications were issued in 1991 and market values were fixed in 1992 pursuant to the amended …

UNION OF INDIA AND ORS.versusM/S ESSEL MINING & INDUSTRIES LTD. AND ANR.

2005 INSC 350Disposed off

The Union of India appealed a decision of the Orissa High Court that had struck down Clause‑iii of paragraph 7 in Notification No. 514/1994, which defined a person working ‘below ground’ to include open‑cast excavations deeper than six metres. The High Court held that the Ministry of Labour lacked …

UMESH KORGA BHANDARIversusMAHANAGAR TELEPHONE NIGAM LTD. AND ANR.

2005 INSC 344Matter referred to larger bench

Employees of the departmental canteen of Mahanagar Telephone Nigam Ltd. were terminated and challenged the termination before the Central Government Industrial Tribunal (CGIT), which reinstated them. The Bombay High Court division bench held that, because the canteen posts were civil posts under a …

SUPRIYA BASU AND ORSversusWEST BENGAL HOUSING BOARD AND ORS.

2005 INSC 339Dismissed

The dispute concerned the allocation of 156 car parking spaces in Samdrita Co-operative Housing Society Ltd, where owners of Type B flats claimed exclusive entitlement while owners of Type A flats relied on a Housing Commissioner’s letter asserting their rights. The petitioners filed a writ petition …

INDIAN DRUGS AND PHARMACEUTICALS LTD. AND ANR.versusR.K. SHEWARAMANI

2005 INSC 329Appeal(s) allowed

The employee, R.K. Shewaramani, was serving as a medical representative of Indian Drugs and Pharmaceuticals Ltd. and faced two charge‑sheets with departmental enquiries pending. After the amendment of Rule 30(A) of the company's Conduct Discipline and Appeal Rules on 30 March 1990, the employer …

ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION AND ORS.versusABDUL KAREEM

2005 INSC 327

The Supreme Court considered two appeals arising from Labour Court awards that reinstated conductors of the Andhra Pradesh State Road Transport Corporation without back wages. The key questions were whether such reinstatement implied continuity of service and whether the employees were entitled to …

STATE OF U.P. AND ORS.versusRAM BACHAN TRIPATHI

2005 INSC 328Case Partly allowed

The respondent, a medical officer appointed by the Uttar Pradesh Public Service Commission, failed to take charge of a posting on 15 July 1988 and remained absent without authorization. A show‑cause notice was issued, no reply was recorded, and his services were terminated effective 16 July 1988. …

UNION OF INDIA AND ORS.versusNARENDER SINGH

2005 INSC 323Appeal(s) allowed

NARENDER SINGH, a customs vigilance officer, was dismissed for allegedly accepting illegal gratification to clear Afghan nationals through customs. After his appeal was rejected, the Central Administrative Tribunal quashed the dismissal and ordered his reinstatement. The Union of India challenged …

STA TE OF UTTAR PRADESH AND ANR.versusSHIV NARAIN UPADHYAYA

2005 INSC 318Appeal(s) allowed

The State of Uttar Pradesh appealed a High Court order that held the employee Shivnarain Upadhyaya's date of birth to be 1‑Sept‑1939, based on school records, and ordered him to refund salary paid after his superannuation. The Supreme Court examined the service book, which showed the date of birth …

UNION OF INDIAversusGAGAN KUMAR

2005 INSC 314Appeal(s) allowed

The respondent, a casual labourer, filed an application before the Central Administrative Tribunal seeking "temporary" status under the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993, claiming he had completed the requisite 240/206 days of service in 1998. The Tribunal …

VISHWANATHA ACHARIversusKANAKASABAPATHY

2005 INSC 312Disposed off

The respondents filed a suit for declaration of title, which the trial court dismissed. The first appellate court reversed the decision, granting title to the respondents on the basis of adverse possession, even though the trial court had not framed any issue on that point. The appellant filed a …

THE STATE OF ANDHRA PRADESH AND ANR.versusT. SURYACHANDRA RAO

2005 INSC 311Appeal(s) allowed

The respondent, T. Suryachandra Rao, submitted a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, surrendered land deemed excess, and the surrender was accepted by the authorities. It later emerged that the surrendered land had already been acquired by …

MAHILA VIKAS MANDAL COLABA AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

2005 INSC 303Appeal(s) allowed

The State of Maharashtra leased land to Mahila Vikas Mandal for a women's hostel, stipulating that any part used for remunerative purposes required prior approval and payment of 50% of the net profit. The Collector later alleged commercial use and demanded 50% of the net income (Rs 19,03,103) as …

M.L. BINJOLKARversusSTATE OF MADHYA PRADESH

2005 INSC 305Disposed off

The Madhya Pradesh government compulsorily retired 559 employees in 1997; several challenged the orders before the State Administrative Tribunal, which set aside the retirements and ordered reinstatement with full back wages. The State obtained a High Court order dismissing its writ petitions and …

JAI SINGH B. CHAUHANversusPUNJAB NATIONAL BANK AND ORS.

2005 INSC 301Dismissed

Jai Singh B. Chauhan, a clerk of Punjab National Bank, sought to be covered by the bank's pension scheme after missing the deadline to opt in. The pension regulations, framed under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, were published in the Official Gazette on …

STATE OF UTTAR PRADESH AND ORS.versusVIJAY SHANKER TRIPATHI

2005 INSC 302Disposed off

The respondent, a temporary government employee, was terminated on 16 August 1988 after being served notice that his services were no longer required. He challenged the termination before the State Public Service Tribunal, which held that the termination was a "termination simpliciter" without …

SUSHIL KUMAR SHARMAversusUNION OF INDIA AND ORS.

2005 INSC 299Disposed off

The petitioner, Sushil Kumar Sharma, filed a writ petition under Article 32 challenging the constitutional validity of Section 498A of the Indian Penal Code, alleging that it is misused to victimise innocent persons through false dowry‑related accusations. The Supreme Court examined whether the mere …

DIRECTOR OF EDUCATION, UTTARANCHAL AND ORS.versusVED PRAKASH JOSHI AND ORS.

2005 INSC 296Appeal(s) allowed

A single judge of the Allahabad High Court, while disposing of a contempt petition, directed that the respondent, Ved Prakash Joshi, was entitled to arrears of salary despite the absence of an explicit direction in the original order. The appellant, Director of Education, Uttarakhand, challenged …

STATE OF MADHYA PRADESHversusSALEEM@ CHAMARU AND ANR.

2005 INSC 291Disposed off

The State of Madhya Pradesh prosecuted Saleem@Chamaru and another accused for assaulting a police constable with a knife, invoking IPC sections 307 (attempt to murder) and 333 (voluntarily causing hurt to a public servant). The trial court sentenced them to five years for the 307 charge and four …

SMT. RAM SAKHI DEVIversusCHHATRA DEVI AND ORS.

2005 INSC 289Disposed off

The appellant, Smt. Ram Sakhi Devi, challenged a judgment of the Patna High Court that restored a trial court decree in a land title suit on a second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court had decided the appeal without formally framing a substantial question …

STATE OF KERALA AND ANR.versusP.V. NEELAKANDAN NAIR AND ORS.

2005 INSC 286Dismissed

The Supreme Court considered whether teachers who, after attaining the age of superannuation, continued in service under Rule 62 of the Kerala Education Rules, 1959 were entitled to the benefit of a pay revision that took effect during the extended service period. The State of Kerala argued that …

STATE OF MADHYA PRADESHversusBABBU BARKARE @ DALAP SINGH

2005 INSC 282Disposed off

The State of Madhya Pradesh appealed against the High Court's reduction of a seven‑year rigorous imprisonment awarded to Babbu Barkare @ Dalap Singh for rape under Section 376 IPC to the eleven months already served, on the ground that the accused was an illiterate labourer from a rural area. The …

KEDAR NATH DUBEY (D) BY LRS. AND ORS.versusSHEO NARAIN DUBEY (D) BY LRS. AND ORS.

2005 INSC 278Disposed off

The appellant, Kedar Nath Dubey, was the successful bidder at an auction of land under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, after the respondent, Sheo Narain Dubey, defaulted on a loan. The auction sale was confirmed by the Sub‑Divisional Magistrate (SDM). The respondent …

GURPAL SINGHversusSTATE OF PUNJAB AND ORS.

2005 INSC 271Appeal(s) allowed

The appellant was appointed Auction Recorder of the Patran Market Committee in 1986. A complaint alleged that he was ineligible because of a 1974 conviction under s.61(l)(a) of the Punjab Excise Act, but the Market Committee held the conviction involved no moral turpitude and the appointment was …

NATIONAL INSURANCE CORPORATION LTD.versusKANTI DEVI AND ORS.

2005 INSC 269Disposed off

The claimant, Kanti Devi, filed a claim before the Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988 for the death of her son in a road accident. The insurer, National Insurance Corporation Ltd., contended that the driver of the vehicle did not hold a licence …

ANGREJ KAURversusUNION OF INDIA AND ANR.

2005 INSC 252Disposed off

Constable Surjit Singh of the Border Security Force was reported missing during the 1971 Indo‑Pak war and was declared dead, with a family pension granted to his wife, Angrej Kaur. In 2004 the petitioner learned, through newspaper reports and identification by former Pakistani detainees, that her …

M/S. PREM CHAND VIJAY KUMARversusYASH PAL SINGH AND ANR.

2005 INSC 244Dismissed

The appellant, a supplier, issued a cheque to the respondents for goods supplied, which was dishonoured due to insufficient funds. After the first dishonour, the appellant served a legal notice demanding payment; the cheque was presented again at the respondents' request and dishonoured a second …

SHRI BANARSI DASSversusMRS. TEEKU DUTTA AND ANR.

2005 INSC 233Dismissed

The appellant, Banarsi Dass, objected to the grant of a succession certificate to Mrs. Teeku Dutta, alleging she was not the deceased's daughter. He moved an application under Order 151 CPC for a DNA test to establish paternity, which the trial court allowed. The Delhi High Court set aside that …

ANWARUL HAQversusTHE STATE OF UTTAR PRADESH

2005 INSC 232Dismissed

The appellant, Anwarul Haq, was convicted under Section 324 of the Indian Penal Code for inflicting grievous injury with a knife, based on the testimony of the injured victim and two eyewitnesses, despite the weapon not being recovered. He appealed, arguing that the weapon was not a 'dangerous …

S.V. MUZUMDAR AND ORS.versusGUJARAT STATE FERTILIZER CO. LTD. AND ANR.

2005 INSC 229Dismissed

The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and Sections 420 and 114 of the Indian Penal Code against Gujarat State Fertilizer Co. Ltd. and several of its employees and directors. The accused filed applications before the Chief Judicial …

TAMIL NADU STATE TRANSPORT CORPORATION LTD.versusS. RAJAPRIYA AND ORS.

2005 INSC 219Appeal(s) allowed

The Tamil Nadu State Transport Corporation appealed a Motor Vehicles Accident Compensation Claim Tribunal award that granted Rs.6,09,552 to the widow and child of a 38‑year‑old employee who died in a road accident, using a multiplier of 16 under Section 166 of the Motor Vehicles Act, 1988. The …

OM PRAKASH SHRIVASTAVversusSTATE OF M.P. AND ANR.

2005 INSC 215Dismissed

Om Prakash Shrivastava was appointed on probation on 1‑May‑1989 and passed the departmental examination on 22‑July‑1992 after his probation had been extended, leading to his confirmation on 23‑July‑1992. Another probationer, Ram Rao Bhosley, appointed on 7‑May‑1990, passed his examination on …

M/S. S.V. TANK & VESSEL PVT. LTD.versusENGINEERING WORKERS ASSOCIATION

2005 INSC 213Disposed off

The employer, Mis. S.V. Tank & Vessel Pvt. Ltd., retrenched 33 employees and faced a strike. The Engineering Workers Association filed a complaint in the Industrial Court challenging the retrenchment, alleging it was illegal. The Industrial Court set aside the retrenchment and ordered back wages and …

VASANT TUKARAM PAWARversusSTATE OF MAHARASHTRA

2005 INSC 209Disposed off

Vasant Tukaram Pawar was convicted under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and sentenced to seven years' rigorous imprisonment and a fine of Rs.1,00,000. He appealed to the Bombay High Court seeking suspension of the sentence and …

SEEMAversusASHWANI KUMAR

2005 INSC 211

The Supreme Court entertained Transfer Petition (C) No. 29 of 2005 arising out of a matrimonial suit between Ashwani Kumar and Seema. The Court ordered an interim stay of the pending suit and directed issuance of notice. While hearing, the Court observed that the absence of official records of …

STATE OF RAJASTHANversusRAM CHANDRA

2005 INSC 200Appeal(s) allowed

The State of Rajasthan appealed a conviction of Ram Chandra under Sections 8 and 18 of the NDPS Act, arguing that the High Court erred in holding that the search of the accused in the presence of Deputy Superintendent of Police (a gazetted officer who was part of the raiding party) violated Section …

STATE OF N.C.T. OF DELHI AND ANR.versusSANJEEV @ BITTOO

2005 INSC 180Disposed off

The State of NCT of Delhi appealed against a Delhi High Court order that had set aside an externment order issued under Section 47 of the Delhi Police Act, 1978, which directed a police officer to leave Delhi for one year. The High Court had held that the order lacked sufficient material and …

STATE OF NAGALANDversusLIPOK AO AND ORS.

2005 INSC 179Appeal(s) allowed

The State of Nagaland filed an application for leave to appeal under Section 378(3) of the CrPC against the acquittal of Lipok AO and others. Because the application was filed 57 days after the limitation period, the State sought condonation of delay under Section 5 of the Limitation Act, 1963. The …

KULDEEP SINGH AND ANR.versusSTATE OF TAMIL NADU AND ORS .

2005 INSC 174Disposed off

Petitioners, a renal patient in Tamil Nadu and his brother from Punjab, applied for a No‑Objection Certificate (NOC) under the Transplantation of Human Organs Act, 1994, to enable a kidney donation by the brother, who was not a near relative. The Tamil Nadu authorities directed the petitioners to …

CANARA BANKversusV.K. AWASTHY

2005 INSC 175Appeal(s) allowed

Canara Bank dismissed employee V.K. Awasthy for multiple acts of misconduct. The employee challenged the dismissal, alleging violation of natural justice and that the punishment was disproportionate. The High Court held the dismissal violated natural justice and was excessive, directing a fresh …

K. KALIMUTHUversusSTATE BY D.S.P.

2005 INSC 165Disposed off

The appellants, who were public servants, were charged with offences under the IPC and the Prevention of Corruption Act and contended that the Special Judge could not take cognizance without the prior sanction required by Section 197 of the Code of Criminal Procedure, 1973. The High Court held that …

NEW INDIA ASSURANCE CO. LTD.versusCHARLIE AND ANR.

2005 INSC 164Appeal(s) allowed

The appellant insurer challenged a Kerala High Court order that awarded compensation to the claimant, who suffered a 100% permanent disability in a motor accident. The dispute centered on the appropriate deduction for personal expenditure and the multiplier to be applied in computing the lump‑sum …

BIJENDER SINGHversusSTATE OF HARYANA AND ANR.

2005 INSC 160Disposed off

An FIR was lodged for murder and related offences committed on 17‑11‑1999. The accused, aged 17 years and 8 months at the time, applied to be treated as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. The 1986 Juvenile Justice Act, then in force, defined a male …

SECRETARY, A.P. PUBLIC SERVICE COMMISSIONversusB. SWAPNA AND ORS.

2005 INSC 152Appeal(s) allowed

The Andhra Pradesh Public Service Commission advertised for Assistant Public Relations Officer posts in 1995 and prepared a wait list valid for one year. While the original Rule 6 allowed selection from the wait list, it was amended on 30‑July‑1997 to require that fall‑out vacancies be filled in the …

STATE OF ORISSA AND ORS.versusLOKNATH RAY AND ORS.

2005 INSC 143Disposed off

The petitioner, a peon appointed as "fourth peon" in an aided secondary school, sought State approval for his appointment, which was denied by the authorities. The High Court held that the denial was unjustified and ordered the appointment to stand. On appeal, the Supreme Court examined the relevant …

STATE OF PUNJABversusMOHINDER SINGH

2005 INSC 139Appeal(s) allowed

M. Singh, appointed as Patwari in 1958, claimed his date of birth was 1 Oct 1934, but an enquiry established it as 25 Nov 1931, leading to his dismissal. He sued to have the service book entry of 1 Oct 1934 upheld, relying on a horoscope. The trial court dismissed the suit; the first appellate court …

M.P. HOUSING BOARDversusANIL KUMAR KHIWANI

2005 INSC 140Appeal(s) allowed

The M.P. Housing Board advertised residential and commercial units, stating an estimated cost of Rs 39 lacs for a showroom. The respondent, Anil Kumar Khiwani, applied and paid the 10 % registration amount based on that advertisement. After detailed project reports, the Board revised the actual cost …

SAVITABEN SOMABHAI BHATIYAversusSTATE OF GUJARAT AND ORS.

2005 INSC 128Disposed off

Savitaben Somabhai Bhatiya claimed maintenance under Section 125 of the CrPC, asserting that she was married to the respondent under customary rites while he already had a living wife. The trial court and High Court had granted her maintenance and that for the child, but the High Court held that she …

K. VENKATACHALA BHAT AND ANR.versusKRISHNA NAYAK (D) BY LRS. AND ORS.

2005 INSC 126Disposed off

The appellants challenged a writ petition that had been disposed of by a single High Court judge on the basis of a purported compromise memo signed only by the respondents. The appellants asserted that they never signed the memo and that the disposal was therefore erroneous. The Division Bench of …

RAVI KUMARversusSTATE OF PUNJAB

2005 INSC 121Appeal(s) allowed

Ravi Kumar was accused of killing Hans Raj with a dhangu during a quarrel that escalated into a physical fight. The trial court convicted him under Section 302 IPC for murder and the High Court affirmed the conviction. On appeal, the appellant contended that there was unreasonable delay in lodging …

V. SUBRAMANI AND ANR.versusSTATE OF TAMIL NADU

2005 INSC 119Disposed off

The Supreme Court examined the appeal of Subramani and another against their conviction for murder under Section 302 IPC. The appellants claimed they acted in private defence while protecting themselves and their property during a violent altercation that resulted in the death of Vadivel. The Court …