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K G BALAKRISHNAN

264 judgments · newest first · showing 201–264

[email protected]. BASHEETversusSTATE OF KERALA

2004 INSC 295Dismissed

The appellant was caught selling brown sugar on 23 February 2000; a police search of his shirt pocket yielded six small packets containing 1.2 g of the narcotic. He was convicted under section 21 of the NDPS Act and sentenced to ten years’ imprisonment and a fine. On appeal, he argued that the small …

M/S. SOUTHERN ISPAT LTD.versusSTATE OF KERALA AND ORS.

2004 INSC 211Dismissed

The State of Kerala announced a policy exempting industrial units from enhanced power tariff if they began commercial production between 1 January 1992 and 31 December 1996. Southern Ispat Ltd. applied for power allocation, faced delays, installed a 125 kVA diesel generator and claimed it had …

UNION OF INDIA AND ORS.versusGURNAM SINGH

2004 INSC 205Leave Granted & Disposed off

The Supreme Court examined whether the General Court‑Martial of Major Gurnam Singh was convened in violation of Rule 37(1) and 37(3) of the Army Rules, 1954. The respondent argued that the officer who convened the court‑martial had not personally satisfied himself that the charges were offences …

STATE OF PUNJABversusBALKAR SINGH AND ANR.

2004 INSC 177Dismissed

The State of Punjab prosecuted Balkar Singh and Munish Chand under Section 15 of the NDPS Act for alleged conscious possession of 100 bags of poppy husk recovered from a field. The police had found the accused sitting on the bags and seized the material, but no further investigation was made to …

BALA SEETHARAMAIAHversusPERIKE S. RAO AND ORS.

2004 INSC 178Disposed off

The Sessions Court tried six accused for the murder of Vemulapalli Buddah Prasad, framing charges under Sections 148, 302 and 324 IPC. The High Court set aside the convictions under Section 302, substituting them with convictions under Section 304 Part I for one accused and Section 326 for the …

PRITHVI (MINOR)versusMAM RAJ AND ORS.

2004 INSC 121Appeal(s) allowed

The case arose from a night-time assault in which four accused attacked the household of Hansraj, killing three persons and severely injuring a 13‑year‑old boy, Prithvi, who was the key eyewitness. The trial court convicted the accused under IPC sections 302, 307 and 460 and sentenced them to death …

BERGER PAINTS INDIA LTD.versusCOMMISSIONER OF INCOME TAX, CALCUTTA

2004 INSC 119Appeal(s) allowed

Berger Paints India Ltd. claimed deductions under Section 43B of the Income Tax Act for customs and excise duties actually paid and for duties included in the valuation of its closing stock for the assessment years 1984-85, 1986-87 and 1987-88. While the Assessing Officer allowed the deduction for …

BASHEER@ N.P. BASHEERversusSTATE OF KERALA

2004 INSC 92Disposed off

The appellants, convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, had pending appeals when the NDPS (Amendment) Act, 2001 came into force on 2‑October‑2001. Section 41(1) of the amendment applied the new graded‑sentence regime to all pending cases except those "pending in …

MOHANNANversusPRABHA G. NAIR AND ANR.

2004 INSC 77Disposed off

Mohannan filed a criminal complaint before a Judicial Magistrate alleging that Dr. Prabha G. Nair, a gynaecologist, was medically negligent, leading to the death of Mohannan's pregnant wife after delivery of a dead child. The magistrate took cognizance of an offence under Section 304-A of the Indian …

MOHINDER KUMARversusSTATE OF HARYANA

2004 INSC 36Disposed off

The prosecution alleged that a batch of Tata iodized salt sold by the appellant, Mohinder Kumar, was deficient in iodine, violating the Food Adulteration Act. The first accused, Naresh Kumar, purchased five packets, which were tested and found to contain only 5 ppm iodine instead of the required 15 …

ALAKH RAMversusSTATE OF U.P.

2004 INSC 26Appeal(s) allowed

The appellant Alakh Ram was charged under Sections 8 and 20 of the NDPS Act for allegedly planting ganja in his agricultural field. The police seized 17 ganja plants from the field and the trial court convicted him, imposing three years’ imprisonment, a decision affirmed by the High Court. On …

HINDALCO INDUSTRIES LTD.versusUNION OF INDIA AND ORS.

2003 INSC 677Dismissed

Hindalco Industries Ltd, a public limited company engaged in bauxite mining, was ordered by the Divisional Forest Officer to stop mining in forest land and to submit maps and records. The company declared a lay‑off on 31 July 1993 and closed the mine on 19 August 1993. It applied for permission to …

JASBIR KAUR AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 631Dismissed

Members of the Indian Military Nursing Service (IMNS) challenged a dress code issued by the Additional Director General of Military Nursing Services, alleging violations of Articles 14 and 21 of the Constitution. The petitions were filed in various High Courts, some of which dismissed them on the …

U.P. PUBLIC SERVICES COMMISSIONversusSUBHASH CHANDRA DIXIT AND ORS.

2003 INSC 606Appeal(s) allowed

The Uttar Pradesh Public Service Commission (UPPSC) conducted three competitive examinations – the U.P. Civil Judge (Junior Division) Examination 2000, the Provincial Civil Services (Executive Branch) Main Examination 2001 and its Preliminary Examination 2002 – and applied a scaling formula to the …

STATE OF U.P.versusRAM BAHADUR SINGH AND ORS.

2003 INSC 580Dismissed

The case arose from a property dispute that culminated in a shooting on 6 December 1974, resulting in the death of Onkar Nath Singh. The trial court convicted four accused under IPC 302, with three also charged under section 34. On appeal, the Allahabad High Court acquitted the accused, finding …

STATE OF PUNJABversusJOGINDER SINGH AND ANR.

2003 INSC 582Disposed off

The State of Punjab appealed the High Court's acquittal of Joginder Singh and Nachhattar Singh for the death of Makhan Singh. The incident occurred on 20 April 1992 when Joginder Singh demanded Rs.100 from Makhan, who could not pay, and subsequently pressed his neck, causing death, as confirmed by a …

UNION OF INDIAversusMADHUSUDAN PRASAD

2003 INSC 570Dismissed

Madhusudan Prasad, a Safai Karamchari of the CRPF, failed to report for duty after his leave expired, was treated as a deserter, arrested and sentenced to 15 days rigorous imprisonment, and was subsequently dismissed without any enquiry or show‑cause notice. The appellate authority set aside the …

CHANDER PAL @ RAJ PALversusSTATE OF HARYANA

2003 INSC 557Disposed off

On 11 July 1996, a group of about ten to twelve men attacked Mann Singh and Surinder Singh in Ballabhgarh, Haryana, and later assaulted Megh Shyam, who was shot by Surinder Singh and later died. The trial court convicted seven accused under section 302 read with section 149 IPC for murder, and the …

DALIP SINGH AND ORS.versusSIKH GURDWARA PRABHANDAK COMMITTEE AND ORS.

2003 INSC 550Dismissed

The appellants purchased land from the wife and son of Bhola Singh and claimed ownership, asserting that the property was not dedicated to a Sikh Gurdwara because no notification under Section 10(3) of the Sikh Gurdwara Act, 1925 had been produced. SGPC contended that the land was listed in a …

SOHAN LAL @ SOHAN SINGH AND ORS.versusSTATE OF PUNJAB

2003 INSC 543Dismissed

The case involved the death of Kamlesh Rani, a married woman who suffered extensive burns within seven years of marriage. The husband (Sohan Lal @ Sohan Singh) was charge‑sheeted only under Section 304B IPC (dowry death) while the mother‑in‑law and sister‑in‑law were charge‑sheeted under Section 302 …

JITENDRA AND ANR.versusSTATE OF M.P.

2003 INSC 494Appeal(s) allowed

The appellants Jitendra and Sheela were arrested after police searched a scooter and a house, seizing charas and ganja. The prosecution relied on police testimony and a panchanama, but the seized drugs were never produced in court, the investigating officer was not examined, and key witnesses turned …

UNITED INDIA INSURANCE CO. LTD.versusJYOTSNABEN SUDHIRBHAI PATEL AND ORS.

2003 INSC 381Appeal(s) allowed

The legal heirs of a deceased motor‑accident victim claimed compensation from United India Insurance Co. Ltd. The driver and vehicle owner failed to file a written statement or give evidence, leading the Motor Accident Claims Tribunal to draw adverse inference and award Rs. 32.5 lakh. United India …

I.I.T.T. COLLEGE OF ENGINEERINGversusSTATE OF H.P. AND ORS.

2003 INSC 378Disposed off

The I.I.T.T. College of Engineering, an unaided private institution, obtained AICTE approval for several engineering courses but faced repeated denial of university affiliation for its Information Technology (IT) program due to infrastructural deficiencies. The college admitted students to the IT …

HMT LTD. AND ANR.versusP. SUBBARAYUDU AND ORS .

2003 INSC 375Disposed off

The case concerned Hindustan Machines Tools Ltd., a public sector undertaking, which had introduced voluntary retirement schemes and later negotiated a settlement revising wages and service conditions. Clause 13 of the settlement linked payment of arrears (for the period 1‑Jan‑1992 to 31‑Mar‑1995) …

GURDEV SINGH AND ANR.versusSTATE OF PUNJAB

2003 INSC 362Dismissed

Gurdev Singh and Satnam Singh were part of a five‑person gang that opened fire on a wedding feast and later on another house, killing 15 people and injuring eight. They were tried separately after absconding, convicted under IPC s.302 r/w s.149 and sentenced to death, a judgment affirmed by the High …

MADAN MOHAN RAJGARHIAversusM/S. MAHENDRA R. SHAH & BROS. AND ANR.

2003 INSC 349Dismissed

Madan Mohan Rajgarhia, a non‑member trader, sued M/s Mahendra R. Shah & Bros., a broker and member of the Bombay Stock Exchange, for recovery of Rs.5,63,334. The respondents invoked Section 34 of the Arbitration Act, 1940, seeking a stay on the ground that the dispute fell within the arbitration …

STATE OF U.P.versusALLIED CONSTRUCTIONS

2003 INSC 350Disposed off

The State of Uttar Pradesh contracted Allied Constructions to build a bridge-cum-fall, but a flood in August 1991 damaged the partially completed work. Allied claimed loss and obtained an arbitral award of Rs.12,55,365 with interest. The State contended that Clause 47 of the contract, a …

HON'BLE SHRI RANGANATH MISHRAversusUNION OF INDIA AND ORS.

2003 INSC 351Disposed off

The petitioner, a former Supreme Court judge, wrote a letter to the Chief Justice seeking directions for the State to educate citizens about their fundamental duties, and the letter was treated as a writ petition under Article 32. The Court appointed Shri K. Parasaran as amicus curiae and considered …

STATE OF ORISSAversusLOCHAN NAYAK (DEAD) BY LRS.

2003 INSC 352Appeal(s) allowed

The respondents were originally allotted land under the Orissa Land Reforms Act, 1960, but the allotment was cancelled by the Divisional Commissioner in 1984 on procedural grounds. The respondents challenged this cancellation in the Orissa High Court in 1986, which remanded the matter for fresh …

STATE OF ORISSAversusNITYANAND SATPATHY AND ORS.

2003 INSC 353Appeal(s) allowed

The State of Orissa challenged the validity of a settlement made in 1964 by the Deputy Collector in favour of the sons of the late intermediary Manindra Chandra Sinha over a tract of non‑agricultural (Anabadi) land in Badagaon, Puri. The land had vested in the State under the Orissa Estates …

DIPAK CHANDRA RUHIDASversusCHANDAN KUMAR SARKAR

2003 INSC 354Dismissed

The appellant, Dipak Chandra Ruhidas, challenged the election of Chandan Kumar Sarkar to the Assam Legislative Assembly on the ground that Sarkar's nomination was improperly accepted despite not being a Scheduled Caste member. The Gauhati High Court dismissed the election petition under Section …

PRATIBHA NEMA AND ORS.versusSTATE OF M.P. AND ORS.

2003 INSC 344Dismissed

The State of Madhya Pradesh, acting on an industrial policy, notified the acquisition of 73.3 hectares of private land for the establishment of a "diamond park" and later issued a declaration under Section 6 of the Land Acquisition Act. The land was to be allotted to private companies, notably B. …

B. CHANDRASEKHAR REDDY (D) BY LRS.versusSTATE OF ANDHRA PRADESH

2003 INSC 252Dismissed

The father of the appellants filed declarations under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, which resulted in the family being allotted one standard holding and the excess land being declared surplus. After the father's death, the daughters invoked Section …

VIRENDER SINGH AND ORS.versusUNION OF INDIA

2003 INSC 251Appeal(s) allowed

The petitioners, Virender Singh and others, challenged the compensation awarded for land acquired in 1959 under the Land Acquisition Act, 1894, arguing that the market value should be higher than the Rs.10,000 per Bigha fixed by the Reference Court and affirmed by the Delhi High Court. The High …

SWARAJYALAXMI AND ORS.versusAUTHORISED OFFICER, LAND REFORMS, MEDAK AND ORS.

2003 INSC 235Dismissed

The case concerned 300 acres of land mortgaged to State Bank of India (SBI) which, after the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 came into force, was declared half of it surplus and surrendered to the Government. SBI sought to recover its mortgage money by …

STATE OF WEST BENGAL AND ORS,versusSRI PRONAB KR. SUR AND ORS.

2003 INSC 217Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that granted exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 and confirmed the sale of a sick company's excess land to a third party, despite pending winding‑up proceedings under the Companies Act, …

LAND COMMISSIONER, MADRAS AND ANR.versusRAJESHWARI

2003 INSC 213Dismissed

The case concerned the interpretation of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 in a dispute over surplus land declared against the husband of the respondent, Rajeswari. The Authorized Officer had declared 3.06 standard acres as surplus, a decision upheld by the Land …

MANOREY @ MANOHARversusBOARD OF REVENUE (U.P.) AND ORS.

2003 INSC 204Appeal(s) allowed

Manorey, an agricultural labourer belonging to a Scheduled Caste, had cultivated a 2.45‑acre plot for 14‑15 years that was vested in the Gaon Sabha and later leased to others. He filed an application under Section 122B(4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking protection …

M/S. AWAZ PRAKASHAN PRIVATE LIMITEDversusPRAMOD KUMAR PUJARI

2003 INSC 210Dismissed

Awaz Prakashan Private Ltd closed its newspaper and retrenched reporter P.K. Pujari on 1 July 1989. The reporter claimed the retrenchment violated the Industrial Disputes Act, 1947 and obtained a Labour Court award for reinstatement with back wages. The employer later challenged the award, arguing …

TEJ KAUR AND ORS. ETC.versusSTATE OF PUNJAB AND ORS.

2003 INSC 152Dismissed

The appellants' lands were acquired under the Land Acquisition Act, 1894 for an "Industrial Focal Point" in Punjab. After a notification on 7 May 1991, they filed objections on 13 June 1991; a Section 6 declaration was made on 18 March 1992 and the award was passed on 15 March 1994. The appellants …

SIDDEGOWDAversusASSISTANT COMMISSIONER AND ORS .

2003 INSC 84Dismissed

One Nanjaiah alias Gungaiah was allotted 1 acre 20 guntas of land by the State in 1968 for an upset price of Rs. 500 per acre under Rule 43-C of the Mysore Land Revenue Code. The appellant purchased the land from Gungaiah on 10 September 1968 for Rs. 3,000. After the Karnataka Scheduled Castes and …

GHAZIABAD DEVELOPMENT AUTHORITYversusANOOP SINGH AND ANR.

2003 INSC 30Case Partly allowed

The Ghaziabad Development Authority acquired about 6,200 sq. yards of land in 1964‑67. The original award fixed the market value at Rs 2 per sq. yard; claimants sought reference and claimed Rs 20 per sq. yard, later amended to Rs 100 per sq. yard under the CPC. The Reference Court awarded Rs 40 per …

COMMISSIONER OF INCOME TAXversusSUNIL J. KINARIWALA

2002 INSC 528Appeal(s) allowed

Sunil J. Kinariwala, a partner in a firm, created a trust and assigned fifty percent of his ten percent partnership share to the trust, claiming that the income was diverted at source and therefore not assessable in his total income. The Income Tax Officer held the assignment to be an application of …

STATE OF PUNJAB AND ANR.versusRAJESH SYAL

2002 INSC 427Leave granted

The State of Punjab prosecuted Rajesh Syal, former director of Golden Forest (India) Ltd, for fraudulently collecting public money and failing to return it, leading to multiple criminal cases in different courts under IPC sections 406, 420, 468, 471, 1208 and Punjab Reforms Act s.7(2). Syal filed …

RULI RAM AND ANR.versusSTATE OF HARYANA

2002 INSC 392Appeal(s) allowed

The case concerned the killing of two children during a panchayat election in Haryana, allegedly by the accused Ruli Ram and his son Ramesh as retaliation for the victims' family refusing to vote for their candidate. The trial court convicted them under Section 304 Part‑II IPC and sentenced them to …

M/S. HARIDAS EXPORTSversusALL INDIA FLOAT GLASS MFRS. ASSOCIATION AND ORS.

2002 INSC 306Disposed off

The All India Float Glass Manufacturers Association complained that Indonesian exporters were selling float glass in India at predatory prices, alleging a restrictive trade practice under the Monopolies and Restrictive Trade Practices (MRTP) Act. The MRTP Commission issued an interim injunction …

DEEPAK KUMARversusRAVI VIRMANI AND ANR.

2002 INSC 60Case Partly allowed

The Supreme Court examined the murder of four family members allegedly committed by Ravi Virmani, who was convicted and sentenced to death by the Sessions Court and later to life imprisonment by the High Court. The prosecution's case relied mainly on the testimony of the two surviving brothers, …

NIRMA LTD.versusM/S. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.

2002 INSC 23Dismissed

Nirma Ltd. filed a Special Leave Petition under Article 136 of the Constitution seeking to appeal an order of the City Civil Court, Ahmedabad, which had decided an appeal under sub‑section (2) of Section 37 of the Arbitration and Conciliation Act, 1996. The petition raised the question of whether a …

ANTONYSAMIversusARULANANDAM PILLAI (D) BY LRS. AND ANR.

2001 INSC 539Dismissed

The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until …

COMMISSIONER OF CUSTOMS (SEA), CHENNAIversusM/S. BALLARPUR INDUSTRIES LTD.

2001 INSC 436Appeal(s) allowed

The respondent imported goods claiming they were accessories exempt from customs duty, paid duty under protest, and later sought a refund. The Assistant Collector granted a refund of about Rs 2.5 crore for certain items, deeming them accessories, while denying refund for others as spares. The …

M/S. SOMAIYA ORGANICS (INDIA) LTD.versusSTATE OF UTT AR PRADESH AND ANR.

2001 INSC 211Case Partly allowed

The appellant, Mis. Somaiya Organics (India) Ltd., manufactured industrial alcohol and was initially exempt from a vend fee under the U.P. Excise Act, 1910. The exemption was withdrawn in 1979 and the company filed writ petitions; the High Court ordered it to give a bank guarantee and/or deposit …

B.S. SHARMAversusSTATE OF HARYANA AND ANR.

2000 INSC 533Dismissed

The petitioner, a judicial officer of the Haryana Judicial Service, was transferred by the High Court in 1997 to serve as Presiding Officer of an Industrial Tribunal‑cum‑Labour Court. He argued that, under Section 7‑C of the Industrial Disputes Act, 1947, he could remain in that post until the age …

MURALIversusSTATE OF TAMIL NADU

2000 INSC 526Dismissed

Murali was convicted under Section 304 Part I of the Indian Penal Code for the murder of Vinayagam after dragging the victim into a room, bolting the door and stabbing him with a knife. He appealed, claiming the right of private defence and arguing that his injuries were serious, while also …

STATE OF GUJARATversusK. V. JOSEPH ETC.

2000 INSC 514Appeal(s) allowed

The State of Gujarat appealed against two Gujarat High Court judgments that imposed strict time‑limits for granting sanction and filing charge‑sheets in corruption cases and declared a paragraph of the State Vigilance Manual ultra vires. The High Court also directed that any delay beyond two months …

VISHNU NAGNATH DESHMUKHversusSTATE OF MAHARASHTRA

2000 INSC 511Disposed off

Vishnu Nagnath Deshmukh was convicted under the Prevention of Corruption Act, 1947 (sections 5(2) and 5(1)(d)) and IPC section 161 for accepting an illegal gratification of Rs.10. The Special Judge sentenced him to six months’ rigorous imprisonment and a fine, which the Bombay High Court upheld. He …

STATE OF ANDHRA PRADESHversusPOLAMALA RAJU @ RAJARAO

2000 INSC 387Appeal(s) allowed

The respondent, Polamala Raju, was convicted by a Sessions Court for raping a five‑year‑old girl under Section 376 IPC and sentenced to ten years' rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction but reduced the term to five years, citing the passage of time and possible …

GADNIS BHAWANI SHANKARversusFALEIRO EDUARDO MARTINHO

2000 INSC 365Dismissed

In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a …