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713 judgments · newest first · showing 1–200

CELLULAR OPERATORS ASSOCIATION OF INDIA AND ORS.versusUNION OF INDIA AND ORS.

2002 INSC 542Appeal(s) allowed

The Cellular Operators Association of India (appellants) challenged the Government's decision to permit Fixed Service Providers to offer Wireless in Local Loop (WLL) with limited mobility, arguing that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) failed to consider the …

M/S INDIAN CHARGE CHROME LTD. AND ANR.versusUNION OF INDIA AND ORS.

2002 INSC 543Disposed off

The dispute concerned the legality of the Orissa State Government's recommendation to grant a mining lease of 84.881 hectares of chromite to Nava Bharat Ferro Alloys Ltd. (respondent ‘N’) and the subsequent approval of that recommendation by the Central Government. The appellant, Indian Charge …

BANK OF INDIA AND ORS.versusO.P. SWARANAKAR ETC.

2002 INSC 547Disposed off

The Supreme Court examined the validity of Voluntary Retirement Schemes (VRS) introduced by State Bank of India and other nationalised banks, focusing on whether an employee’s application for retirement could be withdrawn before the bank’s acceptance despite a clause stating the request was …

CHARAN LAL SAHUversusDR. APJ ABDUL KALAM AND ORS.

2002 INSC 529Dismissed

Charan Lal Sahu, an advocate, filed an election petition and a special leave petition challenging the election of Dr. A.P.J. Abdul Kalam as President of India, alleging that his own nomination was wrongly rejected and that certain provisions of the Presidential and Vice‑Presidential Elections Act, …

HITECH ELECTROTHERMICS AND HYDROPOWER LTD.versusST ATE OE KERALA AND ORS.

2002 INSC 524Appeal(s) allowed

Hitech Electrothermics & HydroPower Ltd set up a ferro‑alloy plant in Kerala after the State Government issued an industrial policy (1992) offering a five‑year concessional electricity tariff to new units that commenced commercial production between 1 Jan 1992 and 31 Dec 1996. The Kerala State …

EX. CAPT. HARISH UPPALversusUNION OF INDIA AND ANR.

2002 INSC 523Disposed off

The Supreme Court examined multiple writ petitions challenging the legality of lawyers striking or calling for a boycott of courts. It held that advocates, as officers of the Court, have no right to strike or boycott court proceedings; such actions interfere with the administration of justice and …

DR. CHANDRA PRAKASH AND ORS.versusSTATE OF U.P. AND ANR.

2002 INSC 515Case Allowed

The petitioners were doctors temporarily appointed by the Governor of Uttar Pradesh against substantive vacancies between 1965 and 1976. They sought seniority to be counted from the date of their initial appointments, relying on the earlier Mathur judgment, and challenged the applicability of the …

BHAVNAGAR UNIVERSITYversusPALITANA SUGAR MILL PVT, LTD. AND ORS.

2002 INSC 505Dismissed

The State of Gujarat reserved land for public purposes under the Gujarat Town Planning and Urban Development Act, 1976 and published a final development plan on 3 March 1986. The ten‑year period for acquisition expired on 2 March 1996, but a draft revised plan was issued on 20 February 1996. …

NEW INDIA ASSURANCE CO. LTD.versusASHA RANI AND ORS.

2002 INSC 513Appeal(s) allowed

The case concerned whether an insurer is liable to pay compensation to the dependents of a passenger who died while travelling in a goods carriage that met with an accident. The Motor Accident Tribunal had held the insurer liable, relying on the earlier decision in New India Assurance Co. v. Satpal …

COLGATE PALMOLIVE (INDIA) LTD .versusM.R.T.P. COMMISSION AND ORS.

2002 INSC 480Appeal(s) allowed

Colgate Palmolive (India) Ltd ran a newspaper contest that required consumers to purchase two toothbrushes to enter, offering various prizes. A complaint was filed with the MRTP Commission alleging that the contest was an unfair trade practice under Section 36A(3)(b) of the Monopolies and …

HINDUSTAN CIBA GEIGYversusUNION OF INDIA AND ORS.

2002 INSC 476Appeal(s) allowed

The appellant, Hindustan Ciba Geigy, placed an advertisement claiming its product Aerocol was manufactured by it and was a market leader in the UK. A complaint was filed alleging unfair trade practice under Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969, leading the MRTP …

R.D. GOYAL AND ANR.versusRELIANCE INDUSTRIES LTD.

2002 INSC 477Dismissed

The appellants R.D. Goyal and others challenged the MRTP Commission’s finding that the issue of equity shares linked with redeemable non‑convertible debentures, before allotment, did not constitute "goods" under Section 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969. They argued …

UNION OF INDIA AND ORS.versusSHAH GOVERDHAN L. KABRA TEACHERS COLLEGE

2002 INSC 436Appeal(s) allowed

A private college offering a B.Ed. vacation course applied for recognition under the National Council for Teacher Education (NCTE) Act, 1993, but the application was rejected and the course was de‑recognised. The college challenged the de‑recognition and the constitutional validity of Section 17(4) …

RABINDRA NATH GHOSALversusUNIVERSITY OF CALCUTTA AND ORS.

2002 INSC 413Dismissed

Rabindra Nath Ghosal appeared for an M.A. examination in 1984 but his result was not declared for several years. He later pursued another course, wrote to the University, and filed a writ petition for mandamus to compel publication of his result, which was eventually declared (he had failed). A …

NIRMALA ANANDversusADVENT CORPORATION (P) LTD. AND ORS.

2002 INSC 414Appeal(s) allowed

The appellant, Nirmala Anand, entered into a 1966 agreement to purchase a flat for Rs.60,000, paying Rs.35,000 before the seller's lease was cancelled, leaving the building incomplete. She sued for specific performance, but the High Court denied it and awarded damages; the Division Bench affirmed. …

SHAFALI NANDWANIversusSTATE OF HARYANA

2002 INSC 407Appeal(s) allowed

The Supreme Court examined a dispute over the allocation of a vacant M.D. (Medicine) seat at PGIMS, Rohtak. Both the appellant, Shafali Nandwani, and Respondent No.4 had qualified in the 2000 entrance exam, with the respondent ranking higher. After two rounds of counselling, a seat became vacant …

UNION OF INDIAversusHANSOLI DEVI & ORS.

2002 INSC 379Reference answered

The Supreme Court examined the scope of Section 28‑A of the Land Acquisition Act, 1894, which allows a fresh application for re‑determination of compensation. It considered whether a dismissal of an application under Section 18 on the ground of delay amounts to "not filing an application" within the …

PADMAversusHIRALAL MOTILAL DESARDA & ORS.

2002 INSC 371Disposed off

The Supreme Court examined a public‑interest writ filed by Padma challenging CIDCO's bulk sale of developable land in Aurangabad. The High Court had held that the allotments to several private entities were made without Board approval, at prices below the reserve price, and in violation of Section …

M.Y. GHORPADEversusSHLVAJI RAO M. POAL AND ORS.

2002 INSC 364Dismissed

The appellant, M.Y. Ghorpade, challenged the Karnataka High Court's order that his election petition was maintainable despite the security for costs of Rs.2,000 being deposited by the respondent's election agent rather than the petitioner himself. The central issue was whether Section 117 of the …

LAXMANversusSTATE OF MAHARASHTRA

2002 INSC 352Directions issued

The appellant was convicted on the basis of the deceased's dying declaration, which was recorded by a judicial magistrate and supported only by a doctor's certificate that the patient was conscious, not that she was of sound mind. The appellant challenged the reliability of the declaration, citing …

SECRETARY TO GOVT., TAMIL NADU AND ORS.versusK. VINAYAGAMURTHY

2002 INSC 349Dismissed

The Tamil Nadu Government, under its excise policy for Indian‑made foreign liquor, allowed existing retail licence holders to renew their licences. In 2002 it issued new orders abolishing renewal and directing a fresh draw of lots for all 7,000 shops, increasing privilege fees and re‑categorising …

CHANDRA PRAKASH TIWARI AND ORS.versusSHAKUNTALA SHUKLA AND ORS.

2002 INSC 276Appeal(s) allowed

The case concerned the promotion of Sub‑Inspectors of the Uttar Pradesh police to the rank of Inspector. The Selection Committee had used the criteria laid down in the Government Order of 5 November 1965, a special rule under the Police Act, rather than the Uttar Pradesh Government Service (Criteria …

SISIR KUMAR MOHANTY AND ORS.versusST ATE OF ORISSA AND ORS.

2002 INSC 277Dismissed

The petitioners, who are police ministerial officers working in district offices, sought parity of pay scales and other emoluments with their counterparts in the headquarters (DIG, IG, DGP) based on a 1974 Government of Orissa resolution that created a separate cadre of police ministerial officers. …

S. RENUKA AND ORS.versusSTATE OF A.P. AND ANR.

2002 INSC 164Dismissed

The State of Andhra Pradesh created Family Courts and Mahila Courts and, lacking sufficient women judges in the District & Sessions Judges Grade‑II cadre, sanctioned ten additional posts exclusively for women by relaxing Rule 2 of the Special Rules for the A.P. State Higher Judicial Service. An …

RAJANKUMAR SHANKARRAO TAWARE AND ANR.versusAJIT ANANTRAO PAWAR

2002 INSC 162Dismissed

The petitioners challenged the election of Ajit Pawar to the Baramati Assembly seat, alleging that the Returning Officer shifted ballot boxes from a high school to a recreation hall without informing candidates, with the motive of substituting genuine ballot papers with fakes. They also claimed …

ASHUTOSH GUPTAversusSTATE OF RAJASTHAN AND ORS.

2002 INSC 156Dismissed

The appellant, a direct recruit to the Rajasthan Administrative Service under the 1954 Rules, challenged Rule 25 of the Rajasthan Administrative Service (Emergency Recruitment) Rules 1976, which gave emergency recruits a notional year of allotment for seniority, alleging discrimination under …

DIRECTOR OF SETTLEMENTS A.P. AND ORS.versusM.R. APPARAO AND ANR.

2002 INSC 157Appeal(s) allowed

The State of Andhra Pradesh, as Director of Settlements, appealed against a Division Bench of the Andhra Pradesh High Court that had issued a mandamus directing the State to make interim compensation payments to estate holders under the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) …

SHARDA DEVIversusSTATE OF BIHAR

2002 INSC 137Disposed off

Sharda Devi appealed against the State of Bihar challenging a land acquisition award. The dispute turned on whether a Letters Patent Appeal (LPA) could be filed before a Division Bench of the High Court against the judgment of a Single Judge who had decided an appeal under Section 54 of the Land …

BHATIA INTERNATIONALversusBULK TRADING S.A. AND ANR.

2002 INSC 138Dismissed

Bhatia International entered into a contract with Bulk Trading containing an ICC arbitration clause, agreeing that the arbitration would be held in Paris. Bulk Trading sought an injunction under Section 9 of the Arbitration and Conciliation Act, 1996 in an Indian court to restrain the appellant from …

A.I. REG. RURAL BANK OFFICERS FED. AND ORS.versusGOVERNMENT OF INDIA AND ORS.

2002 INSC 126Disposed off

The A.I. Regional Rural Bank Officers Federation filed a contempt petition alleging that the Government of India's 11‑April‑2001 notification on pay scales for Regional Rural Bank (RRB) employees contravened the Supreme Court’s earlier judgment in Civil Appeal No. 2218/1999. The notification granted …

FIRST LAND ACQUISITION COLLECTORversusNIRODHI PRAKASH GANGOLI AND ANR.

2002 INSC 129Appeal(s) allowed

The State Government sought to acquire premises for a medical college and, after two earlier notifications were quashed by the Calcutta High Court, issued a third notification under Sections 4(1) and 17(4) of the Land Acquisition Act, 1894, dispensing with the inquiry under Section 5‑A on the ground …

IN RE: ARUNDHATI ROY - CONTEMNORversus-

2002 INSC 123Disposed off

The Supreme Court, hearing a suo‑motu criminal contempt petition, examined statements made by writer Arundhati Roy in an affidavit that alleged the Court was acting with bias, silencing dissent and damaging its reputation. The Court held that such statements scandalised the authority of the Supreme …

SRI SHIBU CHANDRA DHARversusSRI PASUPATI NATH AUDDYA

2002 INSC 121Disposed off

Shibu Chandra Dhar, a tenant who purchased the landlord's building, sued Pasupati Nath Auddya for non‑payment of rent and for possession of shop premises under the West Bengal Premises Tenancy Act, 1956. After the suit for specific performance filed by the respondent was dismissed, the respondent …

NARYAN PRASAD LOHIAversusNIKUNJ KUMAR LOHIA AND ORS.

2002 INSC 90Disposed off

The parties agreed to resolve their family business disputes by arbitration with two arbitrators and an award was rendered. The respondents later applied to the Calcutta High Court to set aside the award, arguing that the Arbitration and Conciliation Act, 1996 forbids an even number of arbitrators, …

AVTAR SINGHversusSTATE OF HARYANA AND ANR.

2002 INSC 86Dismissed

Avtar Singh, a convicted prisoner, applied to have the period of his parole counted towards his total sentence. The Punjab and Haryana High Court rejected his claim, holding that Section 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 excludes parole periods from the total …

UNION OF INDIA AND ORS.versusO. CHAKRADHAR

2002 INSC 88Appeal(s) allowed

The Railway Recruitment Board (RRB) Bangalore advertised for Junior Clerk‑cum‑Typist posts and appointed candidates, including the respondent. A CBI investigation later uncovered widespread irregularities—absence of a mandatory typing test, tampering of answer sheets, and procedural …

LAND ACQUISITION OFFICER-CUM-DSWO, A.P.versusB.V. REDDY AND SONS

2002 INSC 79Appeal(s) allowed

The land of the respondents was acquired under the Land Acquisition Act, 1894; the Collector awarded Rs 11,000 per acre while the claimants demanded Rs 30,000‑30,000 per acre. A reference court fixed the market value at Rs 75,000 per acre but, relying on the pre‑1984 Section 25, limited compensation …

RAN SINGH MALIKversusSTATE OF HARYANA AND ORS.

2002 INSC 78Dismissed

The appellant, appointed as Deputy Director (Feed and Fodder) in 1987, claimed that his post was a regular Class I veterinary cadre post and sought the revised pay scales of 1987 and 1988 and seniority over two respondents appointed later to cadre posts. The State argued that the post was an …

INDIA AUTOMOBILES (1960) LTD.versusCALCUTTA MUNICIPAL CORPORATION AND ANR.

2002 INSC 76Disposed off

India Automobiles (1960) Ltd., the owner of a nine‑storey commercial building, leased the premises to a tenant who sub‑let parts of it. The Calcutta Municipal Corporation fixed the annual value of the property under Section 174 of the Calcutta Municipal Corporation Act, 1980, by taking into account …

U.P. AVAS EVAM VIKAS PARISHADversusRAM KRISHNA AND ORS.

2002 INSC 77Disposed off

The Uttar Pradesh Avas Evam Vikas Parishad (the Board) framed a housing scheme in a development area declared under the Uttar Pradesh Planning and Development Act, 1973. The scheme was notified under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 in 1980, and the State …

J.G. ENGINEER'S PVT. LTD.versusCALCUTTA IMPROVEMENT TRUST AND ANR.

2002 INSC 48Appeal(s) allowed

J.G. Engineer's Pvt. Ltd., a contractor, had its contract with Calcutta Improvement Trust (CIT) terminated on the basis of an engineer's certificate alleging non‑completion of work. The dispute was referred to arbitration, where the arbitrator held that the termination was wrongful and awarded the …

SHAIK SAIDULU @ SAIDAversusCHUKKA YESU RATNAM AND ORS.

2002 INSC 41Appeal(s) allowed

The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed …

M.V. RAJASHEKARAN AND ORS.versusVATAL NAGARAJ AND ORS.

2002 INSC 42Appeal(s) allowed

The Karnataka Government appointed Vatal Nagaraj as Chairman of a One Man Commission to study the problems of Kannadigas in border areas and accorded the post cabinet rank with a budgetary allocation of Rs.5 lakh for expenses. When Nagaraj filed his nomination for the Karnataka Legislative Council, …

STATE OF HARYANAversusSTATE OF PUNJAB AND ANR.

2002 INSC 26Directions issued

After the bifurcation of Punjab in 1966, the Government of India allocated 3.5 MAF of Ravi‑Beas water to Haryana under a 1976 notification. Haryana could not draw its share through the existing Bhakra Main Line Canal and therefore proposed the Sutlej‑Yamuna Link (SYL) Canal, completing its portion …

STATE OF MAHARASHTRAversusASSN. OF COURT STENOS, P.A., P.S. AND ANR.

2002 INSC 10Appeal(s) allowed

Court stenographers, personal assistants and personal secretaries of the Bombay High Court claimed that their pay should be equal to that of senior personal assistants to the Chief Secretary after the Fifth Central Pay Commission. The Bombay High Court, invoking the principle of "equal pay for equal …

KAMALNATHversusSUDESH VERMA

2002 INSC 6Appeal(s) allowed

Kamalnath, who was elected from the Chhindwara Lok Sabha constituency, was challenged by Sudesh Verma through an election petition alleging a corrupt practice under Section 123(6) of the Representation of the People Act, 1951 for exceeding the prescribed expenditure ceiling. The Madhya Pradesh High …

STATE OF WEST BENGAL AND ANR.versusWEST BENGAL GOVT. PENSIONERS ASSOCIATIONS AND ORS.

2002 INSC 1Appeal(s) allowed

The State of West Bengal revised the pay scales of its government employees effective 1 January 1986 under the West Bengal Services (Revision of Pay & Allowances) Rules, 1990, and issued a memorandum in 1990 to compute pension for retirees on the basis of the notionally revised scales. Pre‑1986 …

MD. ISRAILS AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2002 INSC 2Appeal(s) allowed

The appellants were direct recruits appointed as Employment Officers in West Bengal between 1976 and 1982, while respondents 6‑30 were promoted on an adhoc basis in 1978‑79 with a six‑month tenure and a clause that the promotion was subject to West Bengal Public Service Commission (PSC) approval. …

WEST BENGAL STATE ELECTRICITY BOARDversusCALCUTTA ELECTRIC SUPPLY CORPN. LTD.

2001 INSC 595Dismissed

The West Bengal State Electricity Board (the Board) had initially consented to the establishment of a new thermal generating station at Budge Budge, but the project cost later escalated. The licensee, Calcutta Electric Supply Corporation Ltd., sought further Board consent for the revised cost, which …

V. JAGANNADHA RAO AND ORS.versusSTATE OF A.P. AND ORS.

2001 INSC 563Dismissed

The appellants, senior assistants of the Factories and Boilers Department, challenged Special Rules made under the proviso to Article 309 that allowed their transfer to higher posts in the Labour Department. The Andhra Pradesh Administrative Tribunal had declared those Rules void for violating the …

V. PURUSHOTHAM RAOversusUNION OF INDIA AND ORS.

2001 INSC 526Dismissed

The Supreme Court examined appeals against the Delhi High Court’s cancellation of petrol pump, LPG and SKO dealership allotments made by the Minister of Petroleum under a discretionary quota. The Court held that the 1995 Supreme Court guidelines did not tacitly approve prior allotments, and that the …

NARINDERJIT SINGH SAHNI AND ANR.versusUNION OF INDIA AND ORS.

2001 INSC 503Dismissed

The petitioners, directors of several finance companies accused of large‑scale cheating, filed writ petitions under Article 32 claiming that their personal liberty under Article 21 was violated because they were detained in various jails despite obtaining bail in some cases. The Court held that …

UNION OF INDIAversusM/S. POPULAR CONSTRUCTION CO.

2001 INSC 487Dismissed

An arbitral award dated 29 August 1998 was forwarded to the Union of India with a request to file it in the Bombay High Court under the Arbitration Act, 1940. The Union filed the award on 29 March 1999 and challenged it on 19 April 1999, initially invoking sections of the 1940 Act, later amending …

DANIAL LATIFI AND ANR.versusUNION OF INDIA

2001 INSC 468Dismissed

The petitioners, a group of Muslim women, challenged the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, arguing that it discriminated against them by excluding Muslim divorced women from the protection of Section 125 of the Code of Criminal Procedure. The …

SRI KANT TRIPATHI AND ORS.versusSTATE OF U.P. AND ORS.

2001 INSC 433Disposed off

The case concerned multiple recruitments to the Uttar Pradesh Higher Judicial Service where the Allahabad High Court had fixed the direct‑recruitment quota on the basis of a percentage of total cadre strength rather than on the actual vacancies and those likely to arise in the next two years as …

J.R. PRASHAR, ADVOCATE AND ORS.versusPRASANT BHUSHAN, ADVOCATE AND ORS.

2001 INSC 401Dismissed

The petitioners alleged that three respondents organised a dharna outside the Supreme Court on 30 December 2000, shouted abusive slogans attacking the integrity of the judges and assaulted the petitioners to pressure the Court into favouring their Narmada dam case. The respondents filed affidavits …

GOVT. OF ANDHRA PRADESH AND ORS.versusMOHD. GHOUSE MONINUDDIN AND ORS.

2001 INSC 397Dismissed

The Supreme Court examined appeals filed by the Government of Andhra Pradesh against an Andhra Pradesh Administrative Tribunal order that directed re‑determination of seniority and promotion for non‑gazetted posts in the Commercial Tax, Revenue and Police Departments. The Tribunal had held that the …

LATA WADHWA AND ORS.versusSTATE OF BIHAR AND ORS.

2001 INSC 370Disposed off

A fire during a Tata Iron and Steel Company celebration in Jamshedpur killed 60 and injured 113. The victims filed a writ petition under Articles 21 and 32 seeking compensation from the State of Bihar and the company. The Supreme Court appointed former CJI Y.V. Chandrachud to determine compensation …

JASBIR SINGHversusVIPIN KUMAR JAGGI AND ORS.

2001 INSC 371Dismissed

The appellant, Jasbir Singh, was tried for offences under the NDPS Act alongside co‑accused Vipin Kumar Jaggi (Respondent No. I). Jaggi applied for a pardon under Section 307 CrPC, which the Sessions Judge rejected, after which the Narcotics Control Bureau granted him immunity under Section 64 of …

HIGH COURT OF MADHYA PRADESH THRU. REGISTRAR AND ORS.versusSATYA NARAYAN JHAVAR

2001 INSC 362Appeal(s) allowed

The respondents were appointed as Civil Judges (Trainee) under the Madhya Pradesh Judicial Service Rules, 1955 and placed on a two‑year probation that could be extended by another two years, making a maximum of four years. After the four‑year period their services were terminated because the Full …

SUSHMA MUTREJAversusUNION OF INDIA AND ORS.

2001 INSC 331Appeal(s) allowed

Sushma Mutreja was appointed as a Lower Division Clerk (LDC) in the Ministry of Commerce under Rule 12 of the Central Secretariat Clerical Service Rules, 1962 and later promoted to Upper Division Clerk (UDC) in the Labour Ministry on 3 November 1982 under a Zoning Scheme based on seniority. A …

DISTRICT MINING OFFICER AND ORS.versusTATA IRON AND STEEL CO. AND ANR.

2001 INSC 324Disposed off

The Supreme Court examined the Cess and Other Taxes on Minerals (Validation) Act, 1992 to determine whether it merely validated cess and tax already collected under invalid State laws or also authorised fresh levy and collection of amounts due up to 4 April 1991. The Court held that the Act …

P.K. PRADHANversusSTATE OF SIKKIM REPRESENTED BY THE CENTRAL BUREAU

2001 INSC 304Dismissed

The appellant, P.K. Pradhan, a former Secretary of the Rural Development Department of Sikkim, and the then Chief Minister were charged under Section 120‑B IPC and the Prevention of Corruption Acts for conspiring to award rural water‑scheme contracts at low rates. The Special Judge held that no …

DHURANDHAR PRASAD SINGHversusJAI PRAKASH UNIVERSITY AND ORS.

2001 INSC 308Appeal(s) allowed

The appellant, D.P. Singh, sued Jai Prakash University and others for a declaration that an order terminating his services was illegal. The suit was decreed ex parte against the college's governing body, which later became a constituent unit of the university, but the university was not impleaded. …

GANGA RAM MOOLCHANDANIversusSTATE OF RAJASTHAN AND ORS.

2001 INSC 298Case Partly allowed

The Supreme Court examined the validity of Rules 8(ii) and 15(ii) of the Rajasthan Higher Judicial Service Rules, 1969, which required that candidates for direct recruitment to the Higher Judicial Service must have practiced for at least seven years in the Rajasthan High Court or its subordinate …

NIRANJAN PRASAD SINHA AND ANR.versusUNION OF INDIA AND ORS.

2001 INSC 270Appeal(s) allowed

The appellants, originally appointed as cleaners and later promoted to Fireman Grade A under Railway Board Circular dated 25‑June‑1985, challenged a seniority list that placed later promotees—selected through written examinations—above them. The respondents argued that the promotees, having …

SWAPAN KUMAR PAL AND ORS. ETC.versusSAMITABHAR CHAKRABORTY AND ORS.

2001 INSC 271Appeal(s) allowed

The case concerned the inter‑se seniority of railway employees promoted to the post of Senior Clerk. Some respondents had been promoted on an ad hoc basis because a suitability test could not be held, while the appellants received regular promotion after a suitability test. The Central …

IN RE: BINEET KUMAR SINGHversus-

2001 INSC 250Disposed off

The State of Maharashtra introduced a CPED course, but a private institution, Lokmata Indira Gandhi College of Sports, admitted students without permission for the 1994-95 session. After several writ petitions were dismissed, a forged Supreme Court order dated 28 August 1998 was allegedly sent to …

K.G. ASHOK AND ORS. ETC.versusKERALA PUBLIC SERVICE COMMISSION AND ORS.

2001 INSC 249Dismissed

The Kerala Public Service Commission (KPSC) issued a notification for recruitment of Junior Health Inspectors in 14 districts, stipulating that a candidate could apply to only one district and that any application violating this or containing a false declaration would be summarily rejected. A large …

STATE OF U.P.versusHARENDRA ARORA AND ANR.

2001 INSC 246Appeal(s) allowed

Harendra Arora, an Executive Engineer, was charged with irregularities and, after an enquiry, was dismissed. The enquiry report required by Rule 55A of the Civil Services (Classification, Control and Appeal) Rules, 1930 was not furnished to him, leading the Uttar Pradesh Public Services Tribunal to …

DELHI JUDICIAL SERVICES ASSOCIATION AND ORS.versusDELHI HIGH COURT AND ORS.

2001 INSC 237Dismissed

The Supreme Court examined whether 14 temporary posts of Additional District Judges created under the Delhi Higher Judicial Service Rules, 1970 before their amendment could be filled only by promotion from the Delhi Judicial Service or also by direct recruitment from the Bar as permitted by the …

THE DISTRICT COLLECTOR AND ORS.versusSMT. SHAIK HASMATH BEEBI

2001 INSC 223

The State Government detained Smt. Shaik Hasmath Beebi under Section 3 of the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, and the detention was confirmed by an advisory board. The detenu applied for temporary release under Section 15 of the same Act on 27 April 2000; the application …

DAYA SINGH LAHORIAversusUNION OF INDIA AND ORS.

2001 INSC 212Disposed off

Daya Singh Lahoria was extradited from the United States to India under an extradition decree that listed specific offences. After his return, Indian authorities sought to try him for additional offences, including those under the Terrorist and Disruptive Activities (Prevention) Act, which were not …

M.S. CHAWLA AND ORS.versusSTATE OF PUNJAB AND ANR.

2001 INSC 210Dismissed

The appellants, retired District Judges, were appointed as Presidents of District Consumer Forums under Section 10 of the Consumer Protection Act, 1986. The Punjab Government issued an order on 25‑January‑1996 directing that the pension they received as retired judges be deducted from the salary …

STATE BANK OF INDIAversusANJAN SANYAL AND ORS.

2001 INSC 205Dismissed

The respondent, Anjan Sanyal, a probationary officer of the State Bank of India (SBI), was transferred several times, including to the bank's Central Office in Mumbai, but repeatedly refused to join the postings and filed representations seeking cancellation. The Calcutta High Court, both a Single …

UNION OF INDIA AND ANR. ETC. ETC.versusLALITA S. RAO AND ORS. ETC. ETC.

2001 INSC 198Disposed off

The case concerned the determination of inter se seniority among Indian Railway medical officers who were either directly recruited through the UPSC or initially appointed on an ad‑hoc basis and later regularised. The Supreme Court examined whether periods of service rendered before regularisation …

SHIPPING CORPN. OF INDIA LTD. ETC. ETC.versusC.L. JAIN WOOLLEN MILLS AND ORS.

2001 INSC 199

The importer C.L. Jain Woolen Mills brought polyester filament yarn from Korea, which was seized by customs under Section 111(d) of the Customs Act, 1962. The High Court quashed the seizure and ordered release of the goods without demurrage, a decision that became final after the Revenue's special …

C/M. ST. JOHN INTER COLLEGEversusGIRDHARI SINGH AND ORS.

2001 INSC 189Case Allowed

C/M. St. John Inter College, a minority educational institution under Article 30, terminated the services of its employees without obtaining prior approval of the Inspector as required by Section 16G(3)(a) of the U.P. Intermediate Education Act, 1921 and Regulation 44. The Allahabad High Court set …

UDAY MOHANLAL ACHARYAversusSTATE OF MAHARASIITRA

2001 INSC 184Appeal(s) allowed

The appellant was remanded to judicial custody for offences under the IPC and the Maharashtra Protection of Interest of Depositors Act. After the statutory 60‑day period for filing a charge‑sheet elapsed, he applied for bail, asserting the indefeasible right under the proviso to Section 167(2) of …

STATE REP. BY C.B.I. AND ANR.versusM. KURIAN CHIEF FUNCTIONARY OF THE CROSS

2001 INSC 174Appeal(s) allowed

The respondent society applied for registration under the Foreign Contribution (Regulation) Act, 1976, specifying a particular bank branch for receiving foreign contributions. It later received drafts from a foreign donor and deposited them in a different bank branch, failing to intimate the Central …

GURUDEVDATIA VKSSS MARYADIT AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2001 INSC 164Dismissed

The appellants sought a restrictive voters list under the Maharashtra Cooperative Societies (Second Amendment) Act, 2000, arguing that the amendment should apply to societies that had already become members before the amendment. The High Court dismissed their writ, holding the list was finalised …

V.S. MALLIMATHversusUNION OF INDIA AND ANR.

2001 INSC 156Dismissed

V.S. Mallimath, a retired Chief Justice of the Kerala High Court, was appointed Chairman of the Central Administrative Tribunal and later a Member of the National Human Rights Commission (NHRC) until he turned 70. He challenged three deductions: the deduction of his judicial pension from his NHRC …

STATE OF U.P. AND ORS.versusCHANDRA PRAKASH PANDEY AND ORS.

2001 INSC 154Dismissed

The respondents, appointed as Kurk Amins on commission basis by District Magistrates/Collectors of Uttar Pradesh, were tasked with recovering outstanding dues of cooperative societies. The State of Uttar Pradesh contended that such Kurk Amins, being appointed under a scheme of the Registrar of …

UNION OF INDIAversusBHAGWATI PRASAD (D) AND ORS.

2001 INSC 137Dismissed

A taxi collided with a passenger train at a railway crossing, causing deaths and injuries. The claimants filed applications under Section 110-A of the Motor Vehicles Act, 1939 for compensation against the taxi insurer and the Railway Administration. The Railway Administration argued that the Motor …

KERALA MAGISTRATES (JUDICIAL) ASSOCIATION AND ORS.versusSTATE OF KERALA AND ORS.

2001 INSC 129Dismissed

The Supreme Court examined the validity of the Kerala Judicial Service Rules, 1991 which integrated the Civil Judicial Service and Criminal Judicial Service into a single Kerala Judicial Service. Sub‑rule (4) of Rule 3 fixed a 3:1 ratio for Subordinate Judges versus Chief Judicial Magistrates and a …

M.C.MEHTAversusUNION OF INDIA AND ORS. RE: M/S. DELHI DEVELOPMENT AUTHORITY

2001 INSC 128Disposed off

The Supreme Court was asked to clarify its 10 May 1996 order directing H‑category hazardous industries in Delhi to surrender their land for green‑belt development. The Delhi Development Authority (DDA) sought directions on six specific issues, including the extent of land to be surrendered, the …

RAMACHANDRA REDDY AND CO.versusSTATE OF ANDHRA PRADESH AND ORS.

2001 INSC 120

The appellant, a contractor, claimed a higher rate for extra hard‑rock excavation under a government contract, invoking Clause 63 and alleged an error apparent on the face of the arbitral award. The arbitral panel had rejected the claim, and the trial court remitted the award for reconsideration …

STATE OF U.P. AND ANR.versusLALSARAM

2001 INSC 114Appeal(s) allowed

Lalsa Ram, a direct‑recruit Naib Tehsildar, was promoted to Deputy Collector solely on seniority. The Uttar Pradesh government later ordered his compulsory retirement under Rule 56(c) of the U.P. Fundamental Rules, relying on several adverse entries in his service record that pre‑dated his …

RAM SAHAN RAIversusSACHIV SAMANAYA PRABANDHAK AND ANR.

2001 INSC 101Disposed off

The appellant, a clerk of a District Cooperative Bank, was dismissed without a charge‑sheet, show‑cause notice or hearing. He filed a suit seeking a declaration that the dismissal was illegal and that he should be reinstated with consequential benefits. The lower appellate court held the dismissal …

P. MOHAN REDDY ETC.versusE.A.A. CHARLES AND ORS.

2001 INSC 92Appeal(s) allowed

The case concerned the inter‑se seniority of Deputy Tehsildars in Andhra Pradesh appointed between 10 April 1980 and September 1992. The direct‑recruit appointees argued that their seniority must be fixed according to Rule 4(e) of the 1961 Revenue Subordinate Service Rules, as it stood before the …

M/S A-ONE GRANITESversusSTATE OF U.P. AND ORS.

2001 INSC 95Case Partly allowed

The dispute concerned the grant of a mining lease over a 10‑acre granite area in Mahoba, Uttar Pradesh. Respondent No.4 (the earlier lessee) applied for re‑grant of the lease after the area was withdrawn from an auction/tender regime (Chapter IV) and returned to the normal lease procedure (Chapter …

SANSHIN CHEMICALS INDUSTRYversusORIENTALS CARBONS AND CHEMICALS LTD. AND ORS.

2001 INSC 93Dismissed

Sanshin Chemicals entered into a technical collaboration agreement with Orientals Carbons that contained Clause 8.4, providing that if the parties could not agree on the place of arbitration within 30 days, a Joint Arbitration Committee (JAC) would decide the venue. The JAC determined the venue on …

MICHAEL B. FERNANDESversusC.K. JAFFER SHARIEF AND ORS .

2001 INSC 88Dismissed

The appellant filed an election petition challenging the election of respondent No.1 to the Lok Sabha and impleaded the Election Commissioner, Returning Officer and Chief Electoral Officer as respondents. The High Court ordered their deletion, holding that Section 82 of the Representation of the …

S.N. DHINGRA AND ORS.versusUNION OF INDIA AND ORS.

2001 INSC 60Dismissed

The petitioners, who were direct recruits to the Delhi Higher Judicial Service (DHJS) in 1988, challenged a gradation list prepared by the Delhi High Court that included five promotee respondents appointed as Chief Metropolitan Magistrates in 1986. The respondents argued that their appointments, …

E.S. RAJARAM AND ORS.versusUNION OF INDIA AND ORS.

2001 INSC 14Dismissed

The case concerned Traffic Apprentices recruited by Indian Railways before 15‑May‑1987 who claimed entitlement to the higher pay scale (Rs 1600‑2660) introduced for post‑cut‑off recruits. The Supreme Court had earlier, in Union of India v. M. Bhaskar, upheld the Railway Board's memorandum limiting …

UNION OF INDIAversusELPLLLNSTONE SPINNING AND WEAVING CO. LTD. & ORS. ETC.

2001 INSC 15Appeal(s) allowed

In 1983 the Government of India, responding to a prolonged textile strike, promulgated an Ordinance and later an Act to take over the management of thirteen textile mills pending their nationalisation. Three Bombay mills – Elphinstone Spinning & Weaving, Jam Manufacturing and New City – challenged …

ISHWAR CHAND JAINversusHIGH COURT OF PUNJAB AND HARYANA AND ORS.

2001 INSC 17Dismissed

Ishwar Chand Jain, a direct‑recruit Additional District & Sessions Judge appointed on 2‑May‑1983, was terminated after an extended probation but later reinstated and confirmed by the Supreme Court with effect from 2‑May‑1985. The High Court later fixed his seniority based on a 1990 notification that …

RAJNEESH AGGARWALversusAMIT J. BHALLA

2001 INSC 5Appeal(s) allowed

The appellant, Rajneesh Aggarwal, presented three cheques drawn on Bank of Baroda by Bhalla Techtran Industries Ltd. and signed by its director, Amit J. Bhalla. The cheques were dishonoured and the appellant served a notice to the director, demanding payment within 15 days. After no payment was …

UNION OF INDIA AND ORS.versusM. ASLAM AND ORS.

2001 INSC 6Disposed off

The employees of defence unit‑run canteens filed applications before the Central Administrative Tribunal (CAT) seeking benefits available to regular defence personnel, arguing that the canteens are part of the Canteen Stores Department (CSD) and thus under the Ministry of Defence. The Union of India …

STATE OF KARNATAKA AND ANR.versusB. SUVARNA MALINI AND ANR.

2001 INSC 7Appeal(s) allowed

The State of Karnataka employed part‑time lecturers for periods of ten to twenty years but failed to regularise them. A High Power Committee recommended a one‑time absorption of these lecturers, leading to the Karnataka State Civil Services (Absorption of Persons working as Part‑Time Lecturers…) …

PABITRA MOHAN DASHversusSTATE OF ORISSA AND ORS.

2001 INSC 8Dismissed

The appellants, who were headmasters of schools that later became aided or government institutions, challenged a Special Bench of the Orissa High Court that set aside earlier Full Bench judgments allowing them to continue as headmasters despite not meeting the qualifications prescribed in Regulation …

K.R. LAKSHMAN AND ORS.versusKARNATAKA ELECTRICITY BOARD AND ORS.

2000 INSC 588Dismissed

The Karnataka Electricity Board (KEB) amended its 1969 Recruitment and Promotion Regulations to introduce a 1:1 ratio for promotion to the post of Junior Engineer between technically qualified direct recruits and technically unqualified promotees, within a 35% promotion quota. Direct recruits …

S. RAMANATHANversusUNION OF INDIA AND ORS.

2000 INSC 579Disposed off

The appellants, State Police Service officers promoted to the Indian Police Service (IPS), claimed that the Central Government failed to carry out the triennial review of IPS cadre strength required by Rule 4(2) of the IPS Cadre Rules, 1954. The review, due in 1987, was only initiated in 1989 and …

K. THIMMAPPA AND ORS.versusCHAIRMAN, CENTRAL BD. OF DIRS. SBI AND ANR.

2000 INSC 570Dismissed

The Supreme Court examined the State Bank of India's 1979 Conditions of Service Order, which placed Grade I officers confirmed before 31‑12‑1972 in Middle Management Grade Scale II and those confirmed after that date in Junior Management Grade Scale I. Petitioners argued that this bifurcation was …

STATE OF MAHARASHTRAversusMILIND AND ORS.

2000 INSC 543Appeal(s) allowed

The State of Maharashtra challenged the admission of Milind, who had obtained a caste certificate claiming he belonged to the Halba Scheduled Tribe, on the ground that he was actually a member of the Koshti caste. The High Court had held that a sub‑tribe enquiry was permissible and that Halba‑Koshti …

STATE OF ORISSA AND ORS.versusUNION OF INDIA AND ANR.

2000 INSC 542Appeal(s) allowed

The Government of Orissa acquired land for a railway line and handed it to the Railway Administration, which extracted rock cut spoils and earth (minor minerals) for laying the track. The State’s revenue authorities demanded royalty and cess under the Orissa Minor Mineral Concession Rules, 1990. The …

RAMESH K.SHARMA AND ANR.versusRAJASTHAN CIVIL SERVICES AND ORS.

2000 INSC 540Dismissed

The appellants, direct recruits as Commercial Tax Inspectors, challenged seniority lists that placed them above respondents who had been absorbed from the Land and Building Tax Department under the Rajasthan Absorption of Surplus Personnel Rules, 1969. The respondents argued that their original …

KSHETRIYA KISAN GRAMIN BANKversusD.B. SHARMA AND ORS.

2000 INSC 527Appeal(s) allowed

The appellant Kshetriya Kisan Gramin Bank, an RRB sponsored by Uttar Pradesh Co‑operative Bank, challenged a High Court order that directed its officers to receive the same pay scales as officers of other RRBs sponsored by nationalised banks. The dispute originated from employees' petitions for pay …

PRAVEEN SINGHversusSTATE OF PUNJAB AND ORS.

2000 INSC 515Appeal(s) allowed

The Punjab Public Service Commission (PPSC) conducted a competitive examination for 44 Block Development and Panchayat Officer posts, comprising a written test (400 marks) and a viva‑voce test (50 marks). After the written test, 130 candidates were shortlisted for the viva‑voce, and the final merit …

GOA FOUNDATION, GOAversusDIKSHA HOLDINGS PVT. LTD. AND ORS.

2000 INSC 516Dismissed

The Goa Foundation challenged the permission granted to Diksha Holdings for constructing a beach‑resort hotel on a plot in Nagorcem, Goa, alleging that the land fell within Coastal Regulation Zone‑I (CRZ‑I) where construction is prohibited and that the clearance violated the Environment Protection …

NAZIRA BEGUM LASHKAR AND ORS.versusSTATE OF ASSAM AND ORS.

2000 INSC 506Dismissed

The appellants, appointed as Assistant Teachers in Assam primary schools, were hired without complying with the Assam Elementary Education (Provincialisation) Rules, 1977. The State cancelled these appointments after issuing show‑cause notices, and the High Court upheld the cancellations. The …

KUMAON MANDAL VIKAS NIGAM LTD.versusGIRJA SHANKAR PANT AND ORS.

2000 INSC 490Dismissed

The appellant, Kumaon Mandal Vikas Nigam Ltd., terminated the respondent, General Manager G.S. Pant, after a departmental enquiry that was conducted without providing charge‑sheet documents, without a proper hearing, without a presenting officer, and without allowing cross‑examination. The …

ABDUL WAHAB ANSARIversusSTATE OF BIHAR AND ANR.

2000 INSC 483Appeal(s) allowed

The appellant, a public servant appointed as a duty magistrate, ordered open firing to disperse a mob at an encroachment site, resulting in one death and injuries. A private complaint was filed alleging multiple offences under the IPC and the Arms Act, and the Chief Judicial Magistrate took …

UNION OF INDIAversusM/S. POPULAR BUILDERS, CALCUTTA

2000 INSC 482Case Partly allowed

The Union of India entered into a construction contract with M/s Popular Builders, who after completing the work, accepted a final bill without objection and received payment. The builder later claimed additional work not covered in the final bill and, at its request, an arbitrator was appointed who …

SAURASHTRA CEMENT AND CHEMICAL INDUSTRIESversusUNION OF INDIA AND ORS.

2000 INSC 487Disposed off

The Supreme Court examined the constitutional validity of Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957, which authorises the Central Government to fix, alter or reduce royalty rates on minerals. The appellants argued that royalty is not a tax and that Parliament …

SHAMA PRASHANT RAJEversusGANPATRAO AND ORS.

2000 INSC 464Dismissed

The landlord applied to the Rent Controller under Section 13(3)(ii),(iii) and (iv) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, seeking eviction on grounds of habitual rent default, sub‑letting and bona‑fide personal need. The Controller found the tenant guilty …

STATE OF HARYANAversusHARYANA VETERINARY AND A.H.T.S. ASSOCIATION AND ANR.

2000 INSC 449Appeal(s) allowed

The respondent, originally appointed as Assistant Engineer on an ad hoc basis in 1980, was later regularised in 1982 after selection by the Haryana Public Service Commission. He sought selection‑grade pay under Government of Haryana circulars dated 2 June 1989 and 16 May 1990, claiming that his …

AHMEDversusSTATE OF GUJARAT

2000 INSC 413Appeal(s) allowed

The appellant Ahmed was found in possession of 9 g of charas after a search of his person by an empowered gazetted officer following a raid based on prior information. During the search the accused requested to be taken before a magistrate or another gazetted officer, but the police refused. He was …

RUDRA KUMAR SAIN AND ORS. ETC.versusUNION OF INDIA AND ORS.

2000 INSC 408Case Partly allowed

The case concerned the inter‑se seniority of officers in the Delhi Higher Judicial Service appointed either by direct recruitment from the Bar or by promotion from the Delhi Judicial Service. The Delhi High Court had prepared seniority lists that excluded promotees appointed under Rules 16 and 17 on …

KONKAN RAILWAY CORPORATIONversusM/S. MEHUL CONSTRUCTION CO.

2000 INSC 407Dismissed

The Supreme Court considered several Special Leave Petitions and a writ petition challenging orders of various High Court Chief Justices or their nominees made under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint or refuse to appoint an arbitrator. It held that such orders …

STATE OF MAHARASHTRA AND ORS.versusSANTOSH SHANKAR ACHARYA

2000 INSC 369Dismissed

The State of Maharashtra detained Santosh Shankar Acharya under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981, but failed to inform him that he could make a representation to the detaining authority. The High Court held that such non‑communication violated Article …

SUDHAKAR AND ANR.versusSTATE OF MAHARASHTRA

2000 INSC 337Appeal(s) allowed

A school teacher alleged that the headmaster and a co‑teacher of her school gang‑raped her on 9 July 1994. She reported the incident to her family and later to the police, who recorded her statement eleven days after the incident. She subsequently committed suicide in December 1994. The trial court …

SKYPAK COURIERS LTD. ETC. ETC.versusTATA CHEMICALS LTD. ETC. ETC.

2000 INSC 320

The Supreme Court examined the practice of the National Consumer Disputes Redressal Commission (NCDRC) referring consumer disputes to a retired judge for "consensual adjudication" and then treating the award as its own order. It held that the Consumer Protection Act, 1986 does not empower the …

HARDEO SINGHversusSTATE OF BIHAR AND ANR.

2000 INSC 318Dismissed

Hardeo Singh, a contractor, obtained overdraft facilities totalling Rs 21.5 lakh from the Birpur branch of Central Bank of India, facilities that were beyond the authorised limit of the branch manager, S.K. Roy, who was alleged to habitually receive illegal gratification from a third party. Although …

COLLECTOR OF CENTRAL EXCISE, JAIPURversusM/S. RAGHUVAR (INDIA) LTD.

2000 INSC 315

The respondent, a manufacturer of vegetable products, filed a MODVAT declaration on 10‑Mar‑1987 but had wrongly availed credit from 1‑Mar‑1987. The Excise authorities issued a show‑cause notice under Section 11A of the Central Excises and Salt Act, 1944, invoking the six‑month limitation period to …

ENFORCEMENT DIRECTORATE AND ANR.versusM. SAMBA SIVA RAO AND ORS.

2000 INSC 305Appeal(s) allowed

The Enforcement Directorate issued summons under Section 40 of the Foreign Exchange Regulation Act, 1973 to M. Samba Siva Rao and others, who refused to comply with the directions. The Delhi High Court held that such refusal did not attract Section 56 of the Act and dismissed the complaints. On …

TUNGABHADRAINDUS. LTD.versusUNION OF INDIA AND ORS.

2000 INSC 288Dismissed

Tungabhadra Indus Ltd., a manufacturer of hydrogenated oil, had accumulated money credit under two separate Central Excise notifications – one issued in 1987 and later rescinded, and another issued in 1989. The company claimed it could utilise the credits from both notifications simultaneously for …

SATPAL AND ANR.versusSTATE OF HARYANA AND ORS.

2000 INSC 271Appeal(s) allowed

The Supreme Court examined a writ petition filed by the brother and widow of a murder victim challenging the Governor of Haryana’s order granting remission of the life sentence of Siriyans Kumar Jain, a convicted murderer. The High Court and Supreme Court had directed Jain to surrender and serve the …

KANS RAJversusSTATE OF PUNJAB AND ORS.

2000 INSC 251Case Partly allowed

The Supreme Court examined the death of Sunita Kumari, who was found dead by asphyxiation three years after her marriage. The husband, Rakesh Kumar, and his relatives were initially convicted under Sections 304‑B, 306 and 498‑A IPC, but the High Court acquitted all of them. On appeal, the Court held …

MURRAY AND CO.versusASHOK KR. NEWATIA AND ANR.

2000 INSC 243Disposed off

The Supreme Court heard a contempt petition filed by Murray & Co. against Ashok K.R. Newatia and others after the respondents filed an affidavit in a transfer petition falsely claiming that the petitioner had not sold or dealt with the disputed immovable property, contrary to the facts. The Court …

UNION OF INDIA AND ANRversusCHARANJIT S. GILL AND ORS

2000 INSC 231Dismissed

The respondent, a Major in the Indian Army, was tried by a General Court Martial (GCM) for offences under Sections 39(1) and 63 of the Army Act. The GCM appointed a Captain as Judge‑Advocate, a rank lower than the accused. The GCM convicted and sentenced the Major, the sentence was later revised to …

GANTUSA H. BADDI (DEAD) BY LRS.versusMEERABAI G. PAI AND ORS.

2000 INSC 232Appeal(s) allowed

The landlord sought eviction of the deceased tenant Gantusa H. Badri's premises under Sections 21(1)(a), (h) and (p) of the Karnataka Rent Control Act, 1961, alleging arrears and that the tenant had acquired an alternative suitable building through a partnership firm. The Munsiff dismissed the …

RAJENDER SINGH AND ORS.versusTHE STATE OF BIHAR

2000 INSC 202Case Partly allowed

The Supreme Court examined the murder of Kameshwar Singh, where appellants Rajendra Singh and Triloki Singh were convicted under Sections 302/34, 307 and 324 of the IPC. The appellants challenged the conviction on five grounds: (1) the prosecution’s failure to explain a grievous injury sustained by …

ASOKANversusSTATE REPRESENTED BY PUBLIC PROSECUTOR, MADRAS

2000 INSC 190Case Partly allowed

The Supreme Court examined the murder of Porkodi, who was manually strangulated in her in-laws' house, and the related dowry death allegations. The trial court had acquitted Balasubramaniam (A-2) for lack of evidence of his participation, while convicting Rajammal (A-1) and Murugesan (A-3) for …

NIRMAL SINGHversusSTATE OF HARYANA

2000 INSC 175Dismissed

The appellant, an army personnel, was convicted of murdering four persons and attempting to murder twelve others under IPC sections 302 and 307 and Arms Act sections 25 and 27. Prior to his arrest, a magistrate recorded statements of 27 witnesses under Section 299 of the Criminal Procedure Code …

K. KARUNAKARANversusSTATE OF KERALA AND ANR.

2000 INSC 167Dismissed

During K. Karunakaran's tenure as Chief Minister, the Kerala State Supplies Corporation entered into a contract for importing palmolein, which was later alleged to be corrupt. A petition under Article 226 seeking registration of a criminal case was dismissed by the High Court, and a subsequent FIR …

STATE OF MAHARASHTRAversusLALJIT RAJSHI SHAH AND ORS.

2000 INSC 108Dismissed

The State of Maharashtra appealed against a Bombay High Court decision that held the chairman and managing committee members of a cooperative society were not "public servants" for purposes of Section 21 of the Indian Penal Code (IPC) and the Prevention of Corruption Act (PCA). The respondents had …

MIS. MEDCHL CHEMICALS AND PHARMA PVT. LTD.versusM/S. BIOLOGICAL E. LTD. AND ORS.

2000 INSC 103Appeal(s) allowed

Medchl Chemicals & Pharma Ltd. entered into a supply agreement with Biological E. Ltd. for raw materials. The respondents allegedly failed to supply as promised, causing a loss of about one crore rupees to the petitioner, and the petitioner filed a criminal complaint under IPC sections 120B, 415, …

AMBIKA PRASAD AND ANR.versusSTATE (DELHI ADMINISTRATION, DELHI)

2000 INSC 27Dismissed

The case arose from a land dispute in which the appellants, armed with deadly weapons, allegedly attacked the complainant party, resulting in the death of Virender Singh and injuries to several witnesses. The trial court convicted the appellants under Sections 302/34, 341/34 and 307/34 of the IPC …

STATE OF MAHARASHTRA AND ORS.versusNANDED- PARBHANI Z.L.B.M.V., OPERATOR SANGH

2000 INSC 28Dismissed

The State of Maharashtra appealed a Bombay High Court order that had declared the seizure and detention of luxury buses illegal and awarded Rs.10,000 compensation to the bus operators. The police had seized the buses under Section 207(1) of the Motor Vehicles Act, 1988, alleging that they were …

SATNAM SINGHversusSTATE OF RAJASTHAN

1999 INSC 569Appeal(s) allowed

The appellant, a truck driver, was originally convicted of murder under Section 302 IPC for allegedly crushing the deceased with his truck. On appeal, the Supreme Court examined the reliability of three eye‑witness statements, noting material omissions and the three‑day delay in recording them under …

MOHD. ANWARversusSTATE OF DELHI

1999 INSC 571Case Partly allowed

The case concerns the murder of informer Khalil during a police chase of three boys, where appellants Mohd. Anwar and Tasleem were convicted under Sections 302, 307, 34 of the IPC and Section 5 of the TADA Act. The prosecution relied on eyewitness testimony, seizure of Anwar's .32 bore revolver and …

V. VIJAY KUMARversusSTATE OF KERALA

1999 INSC 550Appeal(s) allowed

The State alleged that a watchman was murdered after a quarrel with accused No.1 and that five accused conspired to kill and hang him. The trial court convicted them under IPC sections 302, 34, 201 and 120‑B based solely on circumstantial evidence, including alleged presence of blood in the guard …

AJIT SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1999 INSC 546Dismissed

The Supreme Court examined review petitions that sought to overturn the view that Article 16(4) of the Constitution creates a fundamental right to reservation in public employment. The petitions relied on observations in Indira Sawhney that the reservation power was justified as a reasonable …

C.K. RAVEENDRANversusSTATE OF KERALA

1999 INSC 542Appeal(s) allowed

The appellant, C.K. Raveendran, was married to Yashoda who later went missing and her body was discovered in a ravine. The prosecution alleged that Raveendran killed her, relying on circumstantial evidence such as sightings of the couple together in a jeep, the recovery of Yashoda’s wrist‑watch from …

PADAM SINGHversusSTATE OF U.P.

1999 INSC 535Appeal(s) allowed

Padam Singh was convicted by a Sessions Court and upheld by a two‑judge High Court bench for murder and related offences under Sections 302, 307, 148, 452, 324 and 149 of the IPC, based largely on the testimony of four eyewitnesses who were hostile to the accused. The prosecution failed to explain …

MUJEEB AND ANR.versusSTATE OF KERALA

1999 INSC 532Appeal(s) allowed

The appellants Mujeeb, Johnson and Akbar were accused of hiring the taxi of driver Balan, intoxicating him with a soft drink allegedly mixed with sleeping tablets, strangling him, and disposing of his body, followed by tampering with the vehicle's registration. The prosecution relied solely on …

STATE OF HIMACHAL PRADESHversusTARA DUTT AND ANR.

1999 INSC 526Appeal(s) allowed

The State of Himachal Pradesh charged Tara Dutt and others under IPC sections 468, 420, 120‑B and the Prevention of Corruption Act for forging receipts in 1983. The charge‑sheet was filed in 1987 and cognizance was taken the same year. The Special Judge acquitted them of the charged offences but …

MANOHAR M. GALANIversusASHOK N. ADVANI

1999 INSC 523Appeal(s) allowed

Manohar M. Galan filed criminal complaints alleging that Kishore Keswani had lodged false FIRs against him and his family, leading to their arrest. A social activist filed a public interest petition (PIP) in the Gujarat High Court, which directed an inquiry into alleged scandal in a subordinate …

DR. NARAYAN SHARMA AND ANR. ETC.versusDR. PANKAJ KR. LEHKAR AND ORS. ETC.

1999 INSC 516Case Partly allowed

The Supreme Court examined the constitutionality of several reservation provisions in the Assam Medical Colleges (Regulation of Admission to Post‑Graduate Courses) Rules, 1997, specifically the NEC quota, teachers quota, and State Health Service quota, as well as the exemption of certain categories …

RAJESH GOVIND JAGESHAversusSTATE OF MAHARASHTRA

1999 INSC 508Disposed off

The accused were convicted for the murder of Joy Kutty under Section 302 read with Section 34 IPC. The Supreme Court examined whether the identification parade of Accused No.2 (Rajesh Govind Jagesha) was conducted properly, noting an unexplained delay and a change in his appearance that rendered the …

STATE OF U.P.versusUDAI NARAYAN AND ANR.

1999 INSC 504Appeal(s) allowed

The State of Uttar Pradesh prosecuted Udai Narain, an Additional Collector of Customs, and Reshamwala, a private individual, for allegedly receiving Rs.2 lakh in a corrupt transaction at Lucknow airport. They were charged under Sections 8, 10, 13(2) read with 13(1)(d) of the Prevention of Corruption …

DR. (MRS.) SANDHYA JAINversusDR. SUBHASH GARG AND ANR.

1999 INSC 482Dismissed

The appeal concerned the promotion of Dr. Subhash Garg, a lecturer in the Madhya Pradesh College of Dentistry, to the post of Reader. The MP Medical Education (Gazetted) Service Recruitment Rules, 1987 provided five Reader posts but specified promotion criteria for only four, leaving the fifth post …

STATE OF MANIPUR AND ORS.versusSANASAM ONGBI AND ANR.

1999 INSC 475Appeal(s) allowed

The State of Manipur detained Sanasam Ongbi under Section 3(3) of the National Security Act, 1980. The Gauhati High Court quashed the detention order, holding that the State had violated Section 3(5) because the report of the detention did not reach the Central Government within seven days. On …

SUKHARversusSTATE OF UTTAR PRADESH

1999 INSC 451Appeal(s) allowed

The appellant, Sukhar, was convicted under Section 307 IPC for allegedly shooting his uncle Nakkal, who later died. The prosecution relied on the FIR, the victim's statements, and the testimony of PW2, who claimed the victim identified Sukhar as the shooter after PW2 arrived at the scene. The …

KOLI CHUNILAL SAVJI AND ANR.versusSTATE OF GUJARAT

1999 INSC 445Dismissed

The husband and mother‑in‑law of Dhanuben were alleged to have set fire to her and her son, resulting in their deaths. Two dying declarations were recorded – one by a police officer and another by an Executive Magistrate – but the trial court excluded them and acquitted the accused of murder while …

STATE OF TAMIL NADUversusRAJENDRAN

1999 INSC 435Appeal(s) allowed

The accused Rajendran, a jobless alcoholic, was alleged to have strangled his wife and set fire to their hut, resulting in the deaths of his wife and two daughters. The trial court, relying on a series of corroborative circumstantial facts – including repeated quarrels, the accused’s presence in the …

MEENA JAYENDRA THAKURversusUNION OF INDIA AND ORS.

1999 INSC 436Dismissed

The State of Maharashtra detained Jayendra Vishnu Thakur under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 5 February 1992 based on customs statements that silver smuggled from Dubai was intended for him. The detention order was served only on …

WEST BENGAL STATE ELECTRICITY BOARD AND ORS.versusSAMIR K. SARKAR

1999 INSC 421Appeal(s) allowed

The respondent, Samir K. Sarkar, applied for a compassionate appointment after his father, an employee of the West Bengal State Electricity Board, died within two years of his scheduled superannuation. The Board rejected the application citing an office order dated 15 March 1993, which imposes an …

RAMESH S/O LAXMAN GAVLIversusSTATE OF MADHYA PRADESH AND ORS.

1999 INSC 416Dismissed

The case involved the murder of Kanhaiyalal, a member of a rival Gawli faction, for which Ramesh (senior) and others were convicted under IPC sections 302 and 34. The prosecution relied on eye‑witnesses PW1, PW2 and PW4, whose testimonies were corroborated by a doctor’s post‑mortem report. The …

STATE OF MAHARASHTRAversusTAPAS D. NEOGY

1999 INSC 417Appeal(s) allowed

Tapas D. Neogy, a town planner, was accused of corruptly altering zoning maps to benefit landowners, leading to charges under the IPC and the Prevention of Corruption Act, 1988. During investigation, the police sealed lockers and instructed banks not to allow operation of Neogy's bank account, …

STATE THROUGH CBI, DELHIversusGIAN SINGH

1999 INSC 396Disposed off

After the signing of an accord between the Prime Minister and Sikh leader Sant Harchand Singh Longowal, an extremist group conspired to assassinate the Sant. Gian Singh and co‑assailants opened fire on the Sant during a public meeting on 20 August 1985, causing his death. They were overpowered, …

RAJIV BHATIA ETC.versusGOVERNMENT OF NCT OF DELHI AND ORS.

1999 INSC 386Dismissed

The natural mother, Priyanka, filed habeas corpus petitions in both the Rajasthan and Delhi High Courts seeking the production of her daughter Akansha, alleging the child was illegally held by her brother‑in‑law after a purported adoption. The Delhi High Court examined the legality of the registered …

RAMASHISH YADAV AND ORS.versusSTATE OF BIHAR

1999 INSC 387Dismissed

The case arose from a land dispute in which thirteen accused, some armed with guns, gandasa, knives and lathis, attacked members of the complainant's party, resulting in two deaths and several injuries. The trial court convicted all accused under sections 302 and 149 IPC, sentencing them to life …

AMANULLA KHAN KUDEATALLA KHAN PATHANversusSTATE OF GUJARAT AND ORS.

1999 INSC 267Dismissed

The appellant, Amanulla Khan, a member of a notorious gang, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 as a "dangerous person" after allegedly extorting money by threatening death and assaulting victims on three separate occasions. He challenged the detention, …

UNION OF INDIAversusHIMMAT SINGH CHAHAR

1999 INSC 242Appeal(s) allowed

Himmat Singh Chahar, a petty officer in the Indian Navy, was convicted by a Court Martial for outraging the modesty of a woman under Section 354 IPC and Section 77(2) of the Navy Act, receiving a nine‑month imprisonment and dismissal. He appealed to the Chief of Naval Staff and the Central …

STATE OF KERALAversusBABU AND ORS.

1999 INSC 221Dismissed

In a Sessions trial, the accused sought to summon the police case diary of a different investigation (Cr. No.81/91) to confront a witness (PW‑5) with his earlier statement recorded under Section 161, and also prayed to recall the witness. The Sessions Judge allowed the application, but the State of …

STATE OF HARYANAversusTEK SINGH AND ORS.

1999 INSC 215Appeal(s) allowed

The State of Haryana appealed against the Punjab & Haryana High Court’s acquittal of five of eight accused in a murder case involving Tek Singh and Gurdev Singh. The Sessions Court had convicted all eight under Sections 148, 149, 302 and 449 IPC based on eye‑witness testimony, medical reports and …

JASBIR SINGHversusLT. GOVERNOR, DELHI AND ANR.

1999 INSC 185Dismissed

Jasbir Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 25 March 1994 and the grounds of detention were served on 30 March 1994. He filed representations to the Advisory Board and separately to the Central Government, …

STATE THROUGH SUPDTT. CENTRAL JAIL, NEW DELHIversusCHARULATA JOSHI AND ANR.

1999 INSC 180Disposed off

A news magazine sought permission from the Additional Sessions Judge to interview an under‑trial prisoner, Babloo Srivastava, in Tihar Jail. The Sessions Judge granted a blanket permission, which the High Court modified by imposing conditions that the prisoner must consent and the interview must not …

AHMED BIN SALEMversusSTATE OF ANDHRA PRADESH

1999 INSC 181Appeal(s) allowed

The appellant was accused of throwing bombs that injured a shopkeeper and caused the deaths of two persons. His name did not appear in the FIR or in the initial police statements recorded under Section 161 of the CrPC, but was later added during trial. The prosecution’s case relied on three …

DELTA INTERNATIONAL LTD.versusSHYAM SUNDER GANERIWALLA AND ANR.

1999 INSC 172Appeal(s) allowed

Delta International Ltd., the successor to Dewar's Garage, entered into a 1970 leave‑and‑license deed with ESSO allowing Shyam Sunder Ganeriwalla to operate a petrol station on premises it leased from Mallika Investment Co. The deed expressly stated it was a licence and not a lease, and any …

MANOJ@ BHAU AND ORS.versusSTATE OF MAHARASHTRA

1999 INSC 166Dismissed

Six men were tried for assaulting and killing Raju amid a political rivalry. The prosecution alleged that the accused formed an unlawful assembly and, using various weapons, repeatedly struck the victim, leading to his death. Eye‑witness testimony of the victim's parents identified A1 as wielding a …

UNITED BANK OF INDIAversusTHE DEBTS RECOVERY TRIBUNAL AND ORS.

1999 INSC 167Appeal(s) allowed

United Bank of India filed a suit in the Calcutta High Court for recovery of a debt from one defendant and ancillary relief against two others. While the suit was pending, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 came into force and, under Section 31, the suit was …

SIKANDER @MOHD. SAFIQversusTHE STATE (DELHI ADMN.)

1999 INSC 157Dismissed

The appellant, Sikander (Mohammad Shafiq), was convicted under Section 302 of the Indian Penal Code for stabbing his step‑mother Zohra Bi and step‑sister Guizar to death during a family property dispute. He appealed, contending that the killings occurred in a sudden fight and heat of passion, …

RAHUL SUBODH WINDOORS LTD.versusA.K. MENON AND ANR.

1999 INSC 159Dismissed

Rahul Subodh Windoor Ltd received a Rs 20 lakh cheque from A.K. Menon (respondent No. 2) for purchase of shares. The Custodian (respondent No. 1), appointed under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, informed the company that the money was liable to …

SURESH SINGH AND ORS.versusSTATE OF HARYANA

1999 INSC 142Appeal(s) allowed

Ten persons were tried for forming an unlawful assembly and murdering Mahipal. The trial court convicted six, of whom the High Court upheld convictions of Suresh Singh and Mohinder Singh under s.302 IPC and of Chander Pal under s.304(1) IPC. The appellants argued that they acted in private defence …

K. RAMAKRISHNAN UNNITHANversusSTATE OF KERALA

1999 INSC 117Disposed off

K. Ramakrishnan Unnithan was charged with offences arising from a violent altercation that culminated in the stabbing death of Kesava Pillai, the father of a witness. The trial court acquitted him, finding the prosecution had not proved the case beyond reasonable doubt. The Kerala High Court …

N.K. OGLEversusSANWALDAS @ SANWALMAL AHUJA

1999 INSC 118Appeal(s) allowed

The appellant, a Tehsildar, was ordered by the District Collector to recover lease money from the respondent and, after issuing a demand notice, seized the respondent's scooter when the latter objected to the demand. The scooter was auctioned and the respondent filed a complaint under IPC s.379 …

NIRMAL SINGH AND ANR.versusSTATE OF HARYANA

1999 INSC 115Disposed off

The appellants, Dharampal and his brother Nirmal, murdered five members of the family of Punam, a witness who had testified against Dharampal in a prior rape case. After being granted bail following his conviction for rape, Dharampal, who had previously threatened to kill anyone giving evidence, …

OM PRAKASH AGARWAL AND ORS.versusBATARA BEHERA AND ORS.

1999 INSC 96Dismissed

The case concerned a 2.133-acre agricultural plot on the periphery of Cuttack town that had been sold by persons alleged to belong to the Scheduled Caste to non‑Scheduled Caste buyers. Respondent No.1, a co‑sharer of the vendors, invoked Section 23 of the Orissa Land Reforms Act, 1960, claiming the …

JIWAN DASSversusSTATE OF HARYANA

1999 INSC 88Disposed off

Jiwan Dass and Mittar Pal Yadav, employees of the Government Heat Treatment Centre, were authorized to procure 10,000 litres of light diesel oil from Indian Oil Corporation. The diesel delivered was short by 4,300 litres. The prosecution charged both under Section 409 of the IPC for criminal breach …

M. KRISHNAversusSTATE OF KARNATAKA

1999 INSC 74Disposed off

M. Krishna, a Class‑I officer of the Karnataka Administrative Service, was investigated in 1989 for possession of disproportionate assets under the Prevention of Corruption Act, 1988, resulting in a ‘B’‑form that was accepted by a Special Judge and his attached properties were released. In 1995 a …

STATE OF U.P.versusRANJIT SINGH

1999 INSC 72Appeal(s) allowed

Ranjit Singh, a stenographer of a High Court judge, forged a bail order that was never signed by the judge to obtain bail for an accused. He was convicted under IPC Sections 466 and 468 for making a false document and for forgery of a court record, while the Sessions Court granted him probation …

STATE OF KERALA AND ORS. ETC.versusO.C. KUTTAN AND ORS. ETC.

1999 INSC 67Appeal(s) allowed

On July 23, 1996 a FIR was lodged under IPC sections 366A, 372, 376 and 344 r/w 34 and the Immoral Traffic (Prevention) Act based on a victim's detailed statement of exploitation and sexual assault. Five influential accused filed writ petitions in the Kerala High Court seeking quashing of the FIR, …

VIJAYAN@ RAJANversusSTATE OF KERALA

1999 INSC 65Appeal(s) allowed

The appellants, Vijayan and Sadanandan, were convicted by the Kerala High Court for murder and conspiracy under Sections 302 and 120B IPC based largely on circumstantial evidence, identification testimony, a dying declaration, and bullets recovered from the second accused's house. The Supreme Court …

STATE OF KERALAversusPUTTUMANA ILLATH JATHAVEDAN NAMBOODIRI ETC.

1999 INSC 57Appeal(s) allowed

The accused, an employee of Western India Plywoods, was convicted by a Judicial Magistrate and affirmed by an Additional Sessions Judge for offences under IPC sections 408, 468 and 477A, involving misappropriation of empty barrels and forgery of documents. He filed a revision before the Kerala High …