Created by Fuzzy Cloud

K T THOMAS

328 judgments · newest first · showing 201–328

M.M. THOMASversusSTATE OF KERALA AND ANR

2000 INSC 5Dismissed

M.M. Thomas claimed that 20 acres of his private forest were exempt from vesting in the State of Kerala under Section 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal rejected his claim and the Kerala High Court, while upholding the Tribunal’s view on …

KISHORIversusSTATE (NCT) OF DELHI

1999 INSC 572

The appellant Kishori was convicted for the murder of three Sikh brothers during the 1984 anti‑Sikh riots, based on eye‑witness testimony that identified him as a member of the unlawful assembly who used a knife to kill the victims. The High Court upheld the conviction and imposed the death penalty, …

MANOHAR LAL @ MUNNA AND ANR.versusTHE STATE (N.C.T. OF DELHI)

1999 INSC 573Case Partly allowed

During the 1984 anti‑Sikh riots in Delhi, four Sikh brothers were dragged from their home, doused with petrol and set ablaze in front of their mother, Harbai. The accused, Jaggu and Mannu, were convicted under IPC sections 302, 396 and 149 and sentenced to death by the trial court, a decision …

NEW INDIA ASSURANCE COMPANYversusSHRI SATPAL SINGH AND ORS.

1999 INSC 543Dismissed

A ten‑year‑old girl died in a truck accident on 11 March 1990 while travelling as a gratuitous passenger. Her father, brother and sister claimed compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs. 25,000, directing New India Assurance Company, the …

STATE OF WEST BENGALversusRASHMOY DAS AND ORS .

1999 INSC 541Appeal(s) allowed

The Excise Department of West Bengal seized a large quantity of spirit and arrested several persons. Because the investigation and filing of the prosecution report extended beyond six months from the date of the alleged offence, the Department sought a magistrate’s order under CrPC Section 167(5) to …

ANIL HADAversusINDIAN ACRYLIC LIMITED

1999 INSC 531Dismissed

The appellant, a director of Mis. Rama Fibres Ltd, was charged under Section 138 of the Negotiable Instruments Act for dishonoured cheques. The company faced winding‑up proceedings, and the magistrate suspended prosecution against the company but proceeded against the directors. The appellant argued …

THOMAS ANTONYversusVARKEY VARKEY

1999 INSC 519Dismissed

The respondent, owner of a suit land, sued the appellant for possession and mesne profits, while the appellant claimed to be a tenant under an oral lease dated 1971. The trial court referred the tenancy question to the Kerala Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963; …

MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.

1999 INSC 507Dismissed

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he …

STATE OF MAHARASHTRAversusKESHAV RAMCHANDRA PANGARE AND ANR.

1999 INSC 505Appeal(s) allowed

Respondent K.R. Pangare, a retired Deputy Engineer of the Maharashtra Public Works Department, was charged in 1990 with multiple offences under the Indian Penal Code and the Prevention of Corruption Act. Although sanction for prosecution was obtained in August 1989, he challenged the criminal …

M/S. OMPARKASH SHIVPRAKASHversusK.I. KURIAKOSE AND ORS.

1999 INSC 506Appeal(s) allowed

The case concerned an order by a Judicial Magistrate that impleaded Mis. Omprakash Shivprakash Ltd as the sixth accused in a prosecution under Section 16(1) of the Prevention of Food Adulteration Act, 1954. The appellant challenged the order, arguing that the magistrate had no jurisdiction to invoke …

STATE OF UTTAR PRADESHversusCHANDRIKA

1999 INSC 502Appeal(s) allowed

The respondent Chandrika and two others were charged with murder under IPC sections 302, 307 and 34. The Sessions Court convicted Chandrika under section 304 and sentenced him to eight years' rigorous imprisonment. On appeal, Chandrika did not contest the conviction but sought a plea bargain on the …

MOHAMMED KUNJU AND ANR.versusSTATE OF MAHARASHTRA

1999 INSC 503Disposed off

Two local residents stood as sureties for the bail of a foreign national charged with offences under the IPC and foreigner statutes. The magistrate later relaxed one of the bail conditions, after which the accused absconded, leading to forfeiture of the bail bonds and a penalty of Rs.25,000 against …

HUSSAINversusSTATE OF KERALA

1999 INSC 497Appeal(s) allowed

The appellant was found in possession of six ampoules of buprenorphine, a psychotropic substance, and was convicted under Section 20(b)(i) read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed the drug was for personal medical use as prescribed by his doctor. …

BALBIRversusSTATE OF HARYANA AND ANR.

1999 INSC 487Appeal(s) allowed

The appellant Balbir was convicted of murder under Section 302 IPC based on a private complaint, while a separate police‑filed case led to the acquittal of another accused, Guria, for the same killing. Both cases were tried before the same Sessions Judge but were not consolidated, and the appellant …

UNION OF INDIA AND ORS.versusSADHA SINGH

1999 INSC 485Dismissed

Sadh Singh was convicted by a General Court Martial under Section 302 IPC and Section 69 of the Army Act for murder and sentenced to life imprisonment. He had served 11 years and 1 month in actual custody, 1 year 7 months 29 days in pre‑trial detention and had earned a remission of four years, which …

RISHI NANDAN PANDIT AND ORS.versusSTATE OF BIHAR

1999 INSC 484Appeal(s) allowed

Twelve accused were convicted under Sections 394 and 395 of the IPC for a dacoity and sentenced to ten years' rigorous imprisonment. Their appeal before the Patna High Court was heard by a single judge after the appellants' counsel failed to appear, and the appeal was dismissed on merits, confirming …

AHAMED NASSARversusSTATE OF TAMIL NADU AND ORS.

1999 INSC 480Appeal(s) allowed

Ahamed Nassar was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged smuggling of cellular phones and cigarettes. He filed a representation on 21 May 1999, which was processed with short postal delays that …

DWARIKA PRASAD SATPATHYversusBIDYUT PRAVA DIXIT AND ANR.

1999 INSC 481Dismissed

The husband, D.P. Satpathy, claimed that his marriage to B.P. Dixit was performed under duress and therefore invalid, and also denied paternity of the child born shortly after the ceremony. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance for herself and …

CENTRAL BUREAU OF INVESTIGATION ETC.versusV.K. SEHGAL AND ANR.

1999 INSC 468Appeal(s) allowed

The CBI and the State of Haryana prosecuted V.K. Seghal, a public servant, under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947 for receiving a bribe. The Special Judge convicted him and sentenced him to two years' rigorous imprisonment and a fine. Seghal appealed to the …

LEELA RAM (D) THROUGH DULI CHANDversusSTATE OF HARYANA AND ANR.

1999 INSC 461Appeal(s) allowed

The accused Om Prakash was charged under Section 302 IPC and Section 27 of the Arms Act for shooting Maman Ram during a village dispute. The trial court convicted him based on eye‑witness testimony, ballistic evidence and the post‑mortem report, sentencing him to life imprisonment. The Punjab & …

SATVINDER KAURversusSTATE (GOVT. OF N.C.T. OF DELHI) AND ANR.

1999 INSC 455Appeal(s) allowed

Satvinder Kaur filed a complaint alleging dowry harassment and torture by her husband Rajinder Singh and his parents in Patiala. An FIR under IPC sections 406 and 498A was later lodged in Delhi. The husband sought quashing of the FIR on the ground that the Delhi police officer lacked territorial …

STATE OF KARNATAKAversusK. YARAPPA REDDY

1999 INSC 456Appeal(s) allowed

The State of Karnataka prosecuted K. Y. Reddy under Section 302 IPC for murdering his lover Rekha with a chopper inside the house of a family friend (PW‑11). The trial court convicted Reddy based primarily on the eye‑witness testimony of PW‑11, who saw the accused stab the victim, and on forensic …

SMT. KAMLESH KOHLI AND ANR.versusESCOTRAC FINANCE AND INVESTMENT LTD. AND ORS.

1999 INSC 457Dismissed

The respondents filed a summary suit under Order XXXVII of the CPC for recovery of Rs.85,62,500 based on a memorandum of agreement signed by the plaintiffs and the defendants. Defendants 1 and 2 applied for unconditional leave to defend, which was dismissed by the trial judge, while the trial judge …

K. BHASKARANversusSANKARAN VAIDHYAN BALAN AND ANR.

1999 INSC 450Case Partly allowed

The appellant K. Bhaskaran was accused of issuing a Rs.1 lakh cheque that was dishonoured for insufficient funds. The complainant, his brother, sent a notice of demand by registered post, which was returned as 'unclaimed'. The trial magistrate acquitted the appellant on the grounds of lack of …

JAI KARANversusSTATE OF (N.C.T. OF DELHI)

1999 INSC 443Appeal(s) allowed

The appellant, Jai Karan, was convicted under Section 302 IPC for allegedly burning his wife, Wanti Devi, based solely on her dying declaration recorded by a doctor in a hospital. The trial and High Courts held the declaration reliable, but the Supreme Court examined the circumstances surrounding …

RAJ DEO SHARMAversusTHE STATE OF BIHAR

1999 INSC 434Disposed off

The Central Bureau of Investigation sought clarification and modification of the Supreme Court's directions in Raj Deo Sharma I, which prescribed time limits for closing prosecution evidence to enforce the right to a speedy trial under Article 21. The Court held that the directions are prospective, …

RAMMI @ RAMESHWAR ETC.versusSTATE OF MADHYA PRADESH

1999 INSC 428Dismissed

The appellants, Rammi alias Rameshwar and Bhura alias Sajjan Kumar, were charged with murder of Sardar Singh Thakur inside a moving bus, allegedly as revenge for a prior killing. The prosecution relied on the testimony of the bus driver, the conductor, and a passenger, as well as weapons recovered …

TRISUNS CHEMICAL INDUSTRYversusRAJESH AGARWAL AND ORS.

1999 INSC 423Appeal(s) allowed

The Chairman of Trisuns Chemical Industry filed a complaint before a Judicial Magistrate of First Class in Gujarat alleging that the respondents, directors of a company in Madhya Pradesh, cheated them by supplying inferior toasted soybean extracts after taking advance payment. The magistrate …

GURDEEP SINGH @ DEEPversusTHE STATE (DELHI ADMN.)

1999 INSC 424Dismissed

Gurdeep Singh was convicted under Sections 302, 324 IPC, the Explosive Substances Act and the Indian Explosive Act for a bomb blast that killed three persons. The sole basis of the prosecution was his confessional statement recorded under Section 15 of the Terrorist and Disruptive Activities …

STATE OF KERALA AND ORS.versusKOKIYAT ESTATES

1999 INSC 392Disposed off

The respondent, KokiYat Estates, had mortgaged extensive plantation land to a bank, with the State of Kerala acting as guarantor. Subsequent land‑ceiling and private‑forest statutes vested large portions of the mortgaged land in the State free of encumbrances, and later the State paid off the loan …

STATE OF HIMACHAL PRADESHversusJAI LAL AND ORS.

1999 INSC 393Dismissed

The State of Himachal Pradesh alleged that accused growers and officials conspired to inflate the quantity of scab‑affected apples procured for destruction, thereby cheating the government. The prosecution’s case rested entirely on the testimony of the District Horticulture Officer, who was …

STATE OF PUNJABversusGURDEEP SINGH

1999 INSC 383Dismissed

The State of Punjab charged Gurdeep Singh with the rape and murder of a ten‑year‑old girl. The prosecution’s case rested on an extra‑judicial confession made by the accused to a taxi driver (PW‑7) after a delay of about 24 days, and on the testimony of an uncle (RS) who claimed to have seen the …

RAM SARAN MAHTO AND ANR.versusTHE STATE OF BIHAR

1999 INSC 384Appeal(s) allowed

The deceased Asha Kumari was found dead in a well at her marital home and was hurriedly cremated by her husband and relatives. The appellants, including Ram Saran Mahto, were charged under Sections 302, 34, 201, 342 and 379 IPC. While the trial court acquitted them of murder, it convicted them under …

T.K. LATHIKAversusSETH KARSANDAS JAMNADAS

1999 INSC 367Dismissed

The appellant, T.K. Lathika, became the owner of a building by gift deed in 1980 and entered into a fresh lease with the long‑term tenant. She filed an eviction petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 on 1 July 1981, before the one‑year moratorium …

UNION OF INDIAversusRAM SAMUJH AND ANR.

1999 INSC 365Appeal(s) allowed

In 1997 a raid at the residence of Ram Samujh recovered five kilograms of opium. The Sessions Judge denied his bail application, but the Allahabad High Court later granted bail without addressing the mandatory conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The …

KISHAN LALversusSTATE OF RAJASTHAN

1999 INSC 337Appeal(s) allowed

The deceased Smt. Sulochana was allegedly burnt and later died; she gave an oral dying declaration on 6 November naming the appellant and his family, and a later statement before a magistrate on 11 November that did not name any accused. The police investigation found no sustainable evidence, …

DANDU LAKSHMI REDDYversusSTATE OF ANDHRA PRADESH

1999 INSC 338Appeal(s) allowed

The appellant Dandu Lakshmi Reddy and his mother were convicted of murder under Sections 302 and 34 IPC based solely on two dying declarations of the deceased, which contained a material discrepancy regarding the circumstances of the fire. The Supreme Court examined the reliability of dying …

T. HAMZAversusSTATE OF KERALA

1999 INSC 320Appeal(s) allowed

The appellant was charged under Section 21 of the NDPS Act for possessing 1.75 grams of brown sugar after police searched him at a bridge based on prior information. The defence argued that the police failed to comply with the mandatory safeguards of Section 50(1), which require informing the …

P. NALLAMMALversusSTATE REPRESENTED BY INSPECTOR OF POLICE

1999 INSC 314Dismissed

The case arose from prosecutions of former Tamil Nadu ministers under Section 13(1)(e) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to their known lawful income. Their relatives were also charged as co‑accused under Section 109 of the IPC, alleging they had …

UMAR ABDUL SAKOOR SORA THIAversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

1999 INSC 310Dismissed

The police intercepted a truck carrying a large consignment of Mandrax tablets that had been dispatched from an Indian port to a fictitious foreign company. The appellant, the chairman of the clearing agency that took possession of the consignment during off‑loading, was identified by a police …

JOGENDRA NAHAK AND ORS.versusSTATE OF ORISSA AND ORS.

1999 INSC 301Dismissed

Four persons, not parties to a criminal case, filed a writ petition seeking that their statements be recorded under Sections 161 and 164 of the Criminal Procedure Code. The Orissa High Court initially directed a magistrate to record their statements under Section 164, later reversed the order and …

ARUN SHANKAR SHUKLAversusSTATE OF U.P. AND ORS.

1999 INSC 287Appeal(s) allowed

The accused were convicted of murder and related offences by a Sessions Court, which then scheduled a hearing on sentence. The accused failed to appear, leading the trial court to issue non‑bailable warrants. Instead of filing a statutory appeal, the accused filed a petition under Section 482 of the …

STATE OF KERALAversusV. PADMANABHAN NAIR

1999 INSC 273Appeal(s) allowed

The respondent, a former Executive Engineer of the Kerala Public Works Department, was charged with defrauding the government by misappropriating steel rods, involving offences under Section 5(2) of the Prevention of Corruption Act, 1947 and IPC Sections 406, 409, 201, 109 and 120‑B. After his …

RAJENDRA PRASADversusTHE NARCOTIC CELL THROUGH ITS OFFICER INCHARGE, DELHI

1999 INSC 269Dismissed

The appellant, Rajendra Prasad, was tried under the NDPS Act. After both sides had closed their evidence, the prosecution sought to re‑examine two witnesses under Section 311 of the Criminal Procedure Code to prove certain documents. The trial court allowed the resummoning, and the appellant …

KANTI BHADRA SHAH AND ANRversusTHE STATE OF WEST BENGAL

1999 INSC 268Dismissed

A charge sheet under IPC sections 454, 380 and 120B was filed against the appellants before a Metropolitan Magistrate who, after hearing them, framed charges and dismissed their petition for discharge. The appellants approached the Calcutta High Court seeking quash of the charge; the High Court set …

MARY ANGEL AND ORS.versusSTATE OF TAMIL NADU

1999 INSC 251Dismissed

The Supreme Court examined an appeal by accused A3‑A6 challenging a Madras High Court order that imposed Rs 10,000 costs on each of them for filing a frivolous revision under Section 482 of the Criminal Procedure Code (CrPC). The High Court had imposed the costs to deter abuse of process after the …

A.K. SINGH AND ORS.versusUTTARAKHAND JAN MORCHA AND ORS.

1999 INSC 247Appeal(s) allowed

The Supreme Court examined the Allahabad High Court’s extensive directions issued in the wake of the 1994 Uttarakhand agitation, which ordered massive compensation to victims, large fund allocations for regional development, and pre‑emptive rulings on the need for sanction under Section 197 of the …

RAM PRASADversusSTATE OF MAHARASHTRA

1999 INSC 243Disposed off

The case involved a mercenary killing where the victim Ramu Somani survived and gave a statement to a magistrate, which the prosecution treated as a dying declaration. The Supreme Court held that because the declarant was alive, the statement could not be admitted under Section 32 of the Evidence …

STATE OF HARYANAversusBHAGIRATH AND ORS.

1999 INSC 244Appeal(s) allowed

The father, Bhagirath, and his two nephews were convicted by the Sessions Court for the murder of Bhagirath's blind son, Subhram, under Section 302 read with Section 34 of the IPC. The High Court upheld the nephews' convictions but acquitted Bhagirath, invoking a "benefit of doubt" despite reliable …

BHAGWAN RAMA SHINDE GOSAI AND ORS.versusSTATE OF GUJARAT

1999 INSC 246Disposed off

The appellants were convicted by a trial court under Section 392 read with Section 397 of the Code of Criminal Procedure and sentenced to ten years’ rigorous imprisonment. They appealed to the Gujarat High Court, seeking suspension of the sentence, which was denied, and later also sought an …

ARVIND @ PAPPUversusSTATE (DELHI ADMINISTRATION)

1999 INSC 233Dismissed

Arvind @ Pappu (appellant) killed his co‑villager Ajaib Singh (deceased) by luring him with a promised job, taking him to his tailoring factory, and leaving him alone on a cutter's table where he was later found dead with a neck wound, scissors and blood stains. The prosecution relied solely on …

VALLAPALLY PLANTATIONS PVT. LTD.versusSTATE OF KERALA

1999 INSC 226Appeal(s) allowed

Vallapally Plantations Pvt Ltd owned 130.47 acres and claimed that 125 acres were exempt from ceiling‑area calculations because they were rubber plantation as of 1 January 1970 under the Kerala Land Reforms Act. The Taluk Land Board rejected the claim, held a surplus of 115.17 acres and ordered …

SURINDRA NATH MOHANTHY AND ANR.versusSTATE OF ORISSA

1999 INSC 217Case Partly allowed

Surindra Nath Mohanty and another were convicted under Sections 307, 326, 325, 324 and 323 read with Section 34 of the IPC. The Orissa High Court set aside the conviction under Section 307 but upheld the others, rejecting the appellants' request to compound the offences on the ground that the …

M/S. SIL IMPORT, USAversusM/S. EXIM AIDES SILK EXPORTERS, BANGALORE

1999 INSC 214Appeal(s) allowed

Sil Import USA issued post‑dated cheques that were returned for insufficient funds. Exim Aides Silk Exporters sent a notice of demand to the drawer by fax on 11‑June‑1996 and again by registered post on 25‑June‑1996. A complaint under Section 138 of the Negotiable Instruments Act was filed on …

NEPC MICON LTD. AND ORS.versusMAGMA LEASING LTD.

1999 INSC 211Dismissed

The appellant NEPC Micon Ltd. and its directors issued five cheques to the respondent Magma Leasing Ltd. which were returned by the bank with the endorsement "account closed." The respondent instituted criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. The appellants …

PAWAN KUMAR GUPTAversusROCHIRAM NAGDEO

1999 INSC 195Appeal(s) allowed

The appellant, P.K. Gupta, purchased a shop‑godown from Narain Prasad and sued the tenant, R. Nagdeo, for eviction under the Madhya Pradesh Accommodation Act for default in rent. The tenant contended that the sale deed was a benami transaction, alleging that the appellant was merely a name‑lender …

K. BHAGIRATHI G. SHENOY AND ORS.versusK.P. BALLAKURAYA AND ANR.

1999 INSC 158Appeal(s) allowed

The appellant, a lessor, executed a 1951 lease of a residential building together with adjoining land, expressly prohibiting the lessee from making any improvements on the land and allowing only the usufruct of existing trees. After the Kerala Land Reforms Act, 1963 came into force, the respondent, …

MANOJversusSTATE OF MADHYA PRADESH

1999 INSC 154Appeal(s) allowed

Manoj was arrested in a Rajasthan NDNDPS case and bail was granted, but he remained in custody because he was subsequently arrested in a separate Madhya Pradesh NDNDPS case. The Madhya Pradesh authorities failed to produce him before a magistrate within the constitutionally mandated 24‑hour period …

T.C. MATHAIversusTHE DISTRICT SESSIONS JUDGE, THIRUVANANTHAPURAM,KERALA

1999 INSC 144Dismissed

The appellant, T.C. Mathai, held a power of attorney for a couple who were respondents in a criminal revision petition before the Trivandrum Sessions Court and sought the court's permission to appear and plead on their behalf. The Sessions Judge refused, stating that the request did not come from …

AKMAL AHMADversusSTATE OF DELHI

1999 INSC 131Case Partly allowed

The appellant was intercepted at New Delhi Railway Station with a loaded revolver and two passports – one Indian and one Pakistani – and was charged under Section 12 of the Passport Act, 1967 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Supreme Court held …

KOCHUNJU NAIRversusKOSHY ALEXANDER AND ORS.

1999 INSC 132Dismissed

The appellant, Kochunju Nair, claimed Kudikidappukaran status under the Kerala Land Reforms Act, 1963, asserting that the land he possessed (27.5 cents) was held in co‑ownership with his wife and minor son and therefore should not be counted against the ten‑cent limit for a homestead. The Kerala …

VIJAYAN @ VIJAYA KUMARversusSTATE REP. BY INSPECTOR OF POLICE

1999 INSC 125Appeal(s) allowed

The case arose from a long‑standing rivalry between two neighbouring families over stone slabs that blocked drainage. On 5 October 1984, after a morning altercation in which the appellant's faction slapped the deceased's father, the deceased Natarajan and his brother either pursued the appellant …

STATE OF RAJASTHANversusTEJA RAM AND ORS.

1999 INSC 121Appeal(s) allowed

The case involves the double murder of Ram Lal and his mother Gamni in a Rajasthan village. The trial court convicted six accused, including Teja Ram and Ram Lal, based on dying declarations, eyewitness accounts, and the recovery of blood‑stained axes. The Rajasthan High Court set aside the …

MAKTOOL SINGHversusSTATE OF PUNJAB

1999 INSC 111Disposed off

The appellant, Maktool Singh, challenged the conviction and sentence imposed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, seeking suspension of the sentence pending appeal. The High Court refused suspension, prompting an appeal to the Supreme Court. The Court examined …

STATE OF HIMACHAL PRADESHversusJEET SINGH

1999 INSC 104Appeal(s) allowed

The State of Himachal Pradesh appealed the acquittal of Jeet Singh, who had been convicted by a Sessions Court for murdering his wife Sudarshana Devi under IPC 302. The High Court had set aside the conviction, deeming the death a suicide and rejecting incriminating evidence recovered under Section …

RAJESH BAJAJversusSTATE NCT OF DELHI AND ORS.

1999 INSC 101Appeal(s) allowed

Rajesh Bajaj, a garment exporter, filed a complaint alleging that a German buyer promised payment on receipt of invoices but paid only a part of the amount and later reneged on a further promise. The complaint invoked Sections 415 and 420 of the IPC, and the FIR was subsequently quashed by the Delhi …

SAKETH INDIA LTD. AND ORS.versusINDIA SECURITIES LTD.

1999 INSC 95Dismissed

The appellants issued cheques that bounced, and the respondent served a notice demanding payment on 29 September 1995. Under Section 138(c) of the Negotiable Instruments Act, the appellants had 15 days to pay, which expired on 14 October 1995, giving rise to a cause of action on 15 October 1995. The …

STATE OF KERALA AND ORSversusDR. S.G. SARVOTHAMA PRABHU

1999 INSC 87Dismissed

The respondent, a partner in an industrial undertaking, claimed exemption of a parcel of land under Section 81(1)(k) of the Kerala Land Reforms Act, 1963, on the ground that it was set aside for industrial use. The District Collector later issued a notice requiring the land to be put to actual …

UNION OF INDIA AND ORS.versusDILJEET SINGH AND ANR.

1999 INSC 78Appeal(s) allowed

Diueet Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after customs seized a large amount of foreign currency. The State Government sent a report under Section 3(2) to the Central Government, which was …

OM PRAKASHversusSTATE OF HARYANA

1999 INSC 77Appeal(s) allowed

Om Prakash, a 23‑year‑old BSF constable, was convicted of murdering seven members of a rival family in a pre‑meditated attack stemming from a long‑standing land dispute. The trial court sentenced him to death, which the High Court upheld. On appeal, the Supreme Court examined whether the case …

RABINDRA KUMAR NAYAKversusCOLLECTOR, MAYURBHANJ, ORISSA AND ORS.

1999 INSC 73Dismissed

Rabindra Kumar Nayak, an advocate, was provisionally appointed as Assistant Public Prosecutor under the Orissa Law Officers Rules, 1971 and CrPC, 1973. While holding this post he was elected as a member and subsequently as Chairman of Moroda Panchayat Samiti. A rival candidate filed a petition under …

SREE JAIN SETAMBAR TERAPANTHI VID (S)versusPHUNDAN SINGH AND ORS.

1999 INSC 50

The Jain Swetambar Terapanthi Society, which runs several schools, terminated the services of its headmaster, Phundan Singh, and expelled several members. It sued for a declaration that the headmaster had ceased to hold office and for a temporary injunction restraining the expelled members from …

RAM LAL AND ANR.versusSTATE OF JAMMU AND KASHMIR

1999 INSC 22Disposed off

The appeal involved two convicted persons: the first under Section 326 of the IPC (a non‑compoundable offence) and the second under Section 324 IPC (compoundable with court permission). Both parties sought to compound the offences after reaching a settlement. The Supreme Court held that Section …

POWANAMMALversusSTATE OF TAMIL NADU AND ANR.

1999 INSC 11Appeal(s) allowed

The appellant's mother, Lakshmi, was detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug‑Offenders, Forest‑Offenders, Goondas, Immoral Traffic‑Offenders and Slum‑Grabbers Act, 1982 while she was already in judicial remand under the Tamil Nadu …

CALCUTTA MUNICIPAL CORPORATIONversusPAWAN K. SARAF AND ANR.

1999 INSC 9Dismissed

The Calcutta Municipal Corporation filed a special leave petition challenging the High Court’s order that quashed prosecution of Pawan K. Saraf for alleged adulteration of compounded asafoetida under the Prevention of Food Adulteration Act, 1954. The trial court had relied on a Public Analyst’s …

RAJAMMALversusSTATE OF TAMIL NADU AND ANR

1998 INSC 477Appeal(s) allowed

The appellant, Rajammal, was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982. She filed a representation on 13 January 1998, which reached the Secretary on 5 February 1998, but the Minister rejected it only on 14 February 1998. The High Court dismissed her …

M/S. UPADHYAY AND CO.versusSTATE OF U.P. AND ORS.

1998 INSC 452Dismissed

Mis. Upadhyay & Co. was permitted to collect tolls on the Shastri Bridge for a limited period and later sought to continue collection at revised rates. Various writ petitions were filed in the Allahabad High Court, resulting in interim orders, a Supreme Court set‑aside of those orders, and a High …

HOPE PLANTATIONS LTD.versusT ALUK LAND BOARD, PEERMADE AND ANR .

1998 INSC 409Case Partly allowed

Hope Plantations Ltd., which owned a large tea estate, claimed exemption from the ceiling area under the Kerala Land Reforms Act for land classified as fuel area, rested tea area, roads and buildings, and other agricultural land interspersed. The Taluk Land Board initially disallowed the fuel and …

RAJENDRA PRATAP SINGHversusRAMESHWAR PRASAD

1998 INSC 404Dismissed

The petitioner, a tenant, was evicted by the respondent, the landlord, under Section 11(1)(e) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 on the ground that the fixed‑term lease had expired. The tenant contended that the lease was invalid because the registered deed of …

MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.

1998 INSC 395Dismissed

The petitioners sought relief under Article 32 concerning the communal riots in Meerut (Sept‑Oct 1982) and the subsequent enquiry commission headed by Justice C.D. Parekh. The Supreme Court repeatedly directed the Uttar Pradesh government to file an affidavit detailing the action taken on the …

RAJ DEO SHARMAversusTHE STATE OF BIHAR

1998 INSC 384Appeal(s) allowed

R.D. Sharma was charged under the Prevention of Corruption Act, 1947 for an offence alleged in an FIR dated 2 November 1982. After a charge‑sheet in 1985, the Special CBI Judge framed charges only in 1993 and, by June 1995, had examined merely three of the forty witnesses listed. Sharma filed a writ …

MATHEVAN PILLAI PADMANABHA PILLAIversusARULAPPAN NADAR YOVAN NADAR AND ORS.

1998 INSC 348Dismissed

The appellant sought redemption of a 1947 usufructuary mortgage, but the respondents contended that they had become deemed tenants under Section 4A of the Kerala Land Reforms Act, 1964 (as amended by Act 35 of 1969) because they had possessed the mortgaged land continuously for more than fifty years …

SAMEE KHANversusBJNDU KHAN

1998 INSC 334Dismissed

Two neighbours were litigating over a narrow lane. The plaintiff obtained an interim injunction restraining the defendant from obstructing the lane, but the defendant erected a brick wall in defiance. The trial court, invoking Order 39 Rule 2A of the Code of Civil Procedure, ordered the defendant's …

STATE OF U.P.versusLAKHMI

1998 INSC 86Appeal(s) allowed

The husband, Lakhmi, was alleged to have killed his young wife by striking her head with a spade (phali) and a blunt instrument (kunda). Several eyewitnesses saw the assault, and the accused, when examined under Section 313 of the CrPC, admitted killing his wife with a kunda, denying the use of the …

STATE OF U.P. AND ORS.versusASHOK KUMAR SAXENA AND ANR ETC.

1998 INSC 60Appeal(s) allowed

The State Government of Uttar Pradesh transferred two Assistant Engineers, which was challenged by the second respondent. The Allahabad High Court dismissed the challenge and later, after President's rule, stayed the transfer and issued fresh orders. The High Court then directed the …

STATE OF PUNJABversusRAJ SINGH AND ANR.

1998 INSC 28Appeal(s) allowed

The State of Punjab appealed against the Punjab and Haryana High Court’s order quashing an FIR that alleged offences under Sections 419, 420, 467 and 468 IPC committed during civil proceedings. The High Court had held that Section 195(1)(b)(ii) of the Criminal Procedure Code barred police …

STATE OF MAHARASHTRAversusRAMESH TAURANI

1997 INSC 761Appeal(s) allowed

The State of Maharashtra appealed against the Bombay High Court’s order granting bail to Ramesh Taurani, who was arrested for allegedly conspiring to murder film producer Gulshan Kumar by financing contract killers. The High Court had relied on the fact that Taurani’s name did not appear in the …

AJIT PRASAD GUPTAversusSTATE OF U.P. AND ORS.

[1997] SUPP. 2 S.C.R. 258Dismissed

Ajit Prasad Gupta, whose government service was terminated on 5 January 1972, repeatedly challenged the termination through a series of petitions before the High Court, the U.P. Public Service Tribunal, and the Supreme Court between 1974 and 1981, all of which were dismissed. After each dismissal he …

BIHAR STATE ELECTRICITY BOARD AND ANR.versusUSHA MARTIN INDUSTRIES AND ANR.

1997 INSC 499Dismissed After

The Bihar State Electricity Board imposed a central excise duty on electricity generation and merged it into a uniform tariff, later levying a surcharge. When the central excise duty was abolished, the Patna High Court held that the Board should reduce the uniform tariff. The Board appealed, arguing …

DEVI SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 471Dismissed

The case concerned the Sardarajanti Kalan Cooperative Agricultural Service Society, where the President, along with the Secretary and Treasurer (Cashier), were held jointly liable for an unaccounted sum of Rs 65,726.59. An award under the Haryana Cooperative Societies Act had found the three …

DURGA DEVI AND ANR.versusSTATE OF H.P. AND ORS.

1997 INSC 409Leave Granted & Disposed off

The appellants were appointed as voluntary teachers under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 contested the appointment, alleging he was more meritorious and that the Selection Committee should not have preferred the appellants. The Himachal Pradesh …

KULDIP CHANDversusSTATE OF H.P. AND ORS.

1997 INSC 410Leave Granted & Allowed

Kuldip Chand was appointed as a voluntary teacher on a tenure basis under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 challenged the appointment, alleging that he was academically superior and that the Selection Committee unjustifiably awarded higher viva‑voce …

SERAI KELLA GLASS WORKS PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE, PATNA

1997 INSC 387Dismissed

Sera Kella Glass Works, a sheet‑glass manufacturer, filed price lists and paid excise duty based on its own calculations. The Assistant Collector issued several show‑cause notices, directed provisional assessment under Rule 9‑B and later modified the price list, disallowing most deductions. The …

THE HIMACHAL ROAD TRANSPORT CORPORATION AND ANR.versusSHRI KEWAL KRISHAN

1997 INSC 311Leave Granted & Allowed

The Himachal Road Transport Corporation (HRTC) initiated disciplinary proceedings against conductor Shri Kewal Krishan for failing to issue tickets. The enquiry was started by the Assistant Manager, Mr K.N. Uppal, who had been designated as Head of Office under the HRTC (Class III & IV) Services …

THE SECRETARY TO GOVERNMENT AND ANR.versusK. MUNNIAPP AN

1997 INSC 312Leave Granted & Allowed

The Supreme Court examined whether a civil servant can be suspended before retirement when an enquiry into a grave criminal offence is merely contemplated. K. Munniappan, a Divisional Engineer, was served a suspension order under Rule 17(e)(1) of the Tamil Nadu Civil Services (CCA) Rules because an …

C.S. JOSHIversusINDIAN INSTITUTE OF TECHNOLOGY, KANPUR AND ANR.

1997 INSC 314Leave Granted & Dismissed

C.S. Joshi, a lower‑division clerk at IIT Kanpur, was removed for fabricating records and misappropriating funds. Under Section 4‑K of the U.P. Industrial Disputes Act, the Labour Court ordered his reinstatement with 50% back‑wages. The institute obtained a writ petition and the High Court reduced …

MOHD. NAZIRversusBECHAND PRASAD AND ORS.

1997 INSC 207Appeal(s) allowed

The appellant, Mohd. Nazir, was allotted a building in Banaras under an order dated 17 May 1995 pursuant to Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. After being put in possession, he was ousted by the landlord and a dancing girl with two musicians …

M/S. HAJEE S.V.M. MOHAMED JAMALUDEEN BROS. AND CO.versusTHE GOVERNMENT OF TAMIL NADU

1997 INSC 189Dismissed

The appellant, a private firm, obtained a three‑year licence from the Government of Tamil Nadu to collect chank shells from coastal sites, the agreement containing Clause 7 which allowed the government to terminate the licence at any time without cause. After commencing operations, the government …

ASSISTANT COLLECTOR OF CENTRAL EXCISE, MADRASversusV. KRISHNAMOORTHY AND ORS.

1997 INSC 168Dismissed

The Assistant Collector of Central Excise, acting as complainant, appealed to the High Court against the sentences imposed on V. Krishnamurthy and others for offences investigated by a Customs Officer, invoking Section 377(2) of the Code of Criminal Procedure. The Supreme Court examined whether a …

SHAM LALversusSTATE OF HARYANA ETC.

1997 INSC 169Dismissed

Neelam Rani died from burns in 1987. The husband (appellant) and his father were convicted by the Sessions Court of murder (Sec. 302 IPC), dowry death (Sec. 304B IPC) and cruelty for dowry (Sec. 498A IPC). The High Court upheld the murder conviction and acquitted the father. On appeal, the Supreme …

MOHMOODKHAN MAHBOOBKHAN PATHANversusSTATE OF MAHARASHTRA

1997 INSC 87Appeal(s) allowed

The appellant, a Sub‑Registrar, was convicted under Section 161 IPC and Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947 for allegedly receiving Rs 60 as illegal gratification for issuing certified copies of sale deeds. The prosecution set up a trap and caught him taking the …

STATE OF RAJASTHANversusBHUP RAM

1997 INSC 16

The State of Rajasthan appealed the acquittal of Bhup Singh, who was convicted of murdering his wife, Chawli, based on her dying declaration and ballistic evidence. The High Court had set aside the conviction, holding that the dying declaration was invalid because it was recorded in Hindi rather …

STATE OF RAIASTHANversusANI @ HANIF AND ORS.

1997 INSC 17Appeal(s) allowed

The Supreme Court examined an appeal by the State of Rajasthan against the acquittal of six accused in a double murder case. The trial judge had interjected during the cross‑examination of an injured eyewitness (PW‑3) to clarify a confusion, which the High Court held improper. The Supreme Court held …

MIS. BALLIMAL NA VAL KISH ORE AND ANR.versusCOMMISSIONER OF INCOME TAX, BOMBAY

1997 INSC 15Dismissed

The appellant, who owned a cinema theatre converted from a former ginning factory, incurred large expenditures in 1960‑61 for new machinery, furniture, sanitary and electrical fittings, and extensive structural repairs. The assessee claimed a deduction under Section 10(2)(v) of the Income Tax Act, …

JIVAN LAL AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 1436Dismissed

Thirteen persons were tried for the murder of Mohan Lal on 11 June 1984. The trial court convicted eleven, acquitting two; the High Court later acquitted eight of the convicted and upheld the conviction of three appellants under sections 148 and 302/149 IPC. The appellants challenged the reliance on …

GAJANANversusSTATE OF MAHARASHTRA

1996 INSC 1358Appeal(s) allowed

Gajanan and his co-accused were tried for murder under IPC sections 302 and 34 for the death of Suryabhan on 10 September 1984. The trial court acquitted them, finding that the alleged eye‑witnesses had not actually seen the assault, their testimony conflicted with the medical report, and the …

ASHOK YADAV AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 1341Appeal(s) allowed

The appellants, including Ashok Yadav, were convicted for kidnapping and murdering a school‑going child, Avadhesh Sharma, under sections 364 and 302 of the IPC. The Supreme Court examined the prosecution's circumstantial evidence – motive, recovery of the victim's articles, the fact that the victim …

SEWA KAURversusSTATE OF PUNJAB

1996 INSC 1307Dismissed

Sewa Kaur and her paramour Bakhshish Singh were convicted for the murder of Sewa's husband, Havaldar Gurdev Singh, under IPC sections 302 and 201. The prosecution relied on the sole eyewitness testimony of the victim's son, extra‑judicial confessions made to a police informant, medical evidence of …

STATE OF KERALAversusSASI

1996 INSC 1264Appeal(s) allowed

On 2 November 1990 the respondent struck the deceased on the head with a bamboo stick, causing severe skull fractures and brain injury. The deceased died eleven days later in hospital. The trial court convicted the respondent for murder under Section 302 of the Indian Penal Code and sentenced him to …

BALBIR SINGHversusSTATE

1996 INSC 1121Case Partly allowed

Balbir Singh was arrested in a notified area while in possession of an unauthorised rifle (bearing No. 516275) and 161 live cartridges. He was convicted under section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced to eight years’ rigorous imprisonment. On appeal he …

P. SATYANARAYANA AND ANR.versusP. MALLAIAH AND ORS.

1996 INSC 972Appeal(s) allowed

The wife filed a complaint under Section 494 of the Indian Penal Code alleging bigamy by her husband, who claimed he had married a second time after ten years of desertion. The trial magistrate acquitted the husband, finding no evidence that a second Hindu marriage had been solemnized according to …

ABDUR RAHMAN & ORSversusATHIFA BEGUM AND ORS .

1996 INSC 973Appeal(s) allowed

Abdur Rahman & Ors appealed to the Supreme Court against a Karnataka High Court order that dismissed their appeal under Order 41 Rule 17 of the CPC because their counsel was absent. While dismissing the appeal, the High Court also examined the merits of the case and concluded that there was no …

MAHESHversusSTATE OF MADHYA PRADESH

1996 INSC 956Disposed off

Mahesh was charged with the murder of Krishna Kumar after a dispute over grazing cattle in a field. The deceased and two other labourers asked Mahesh to remove his cattle, leading to an altercation in which Mahesh struck Krishna Kumar once on the head with a pharsa, causing instant death. The trial …

M/S. JYOTI PRASHAD VINOD KUMAR AND ANR.versusYASH PAL AND ORS.

1996 INSC 935Appeal(s) allowed

The tenants appealed against an eviction order issued by the appellate authority and affirmed by the High Court, which was based on the alleged non‑payment of increased rent that included a newly levied house tax. Under Section 8(1) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a …

ABDUL FAZAL SIDDIQUIversusFATEHCHAND HIRAWAT AND ANR.

1996 INSC 908Appeal(s) allowed

The appellant was charged with cheating for allegedly making false representations that a business, Calcutta Cafe, was free of encumbrances, leading the complainant to advance a loan of Rs.30,000. The trial court convicted him under Section 420 read with Section 34 of the IPC, a decision upheld by …

MIS. EVEREST COPIERS THROUGH R.A. PARTNER ETC.versusSTATE OF TAMIL NADU

1996 INSC 791Appeal(s) allowed

Everest Copiers, a photocopying business, was assessed sales tax for two assessment years on the ground that it sold xerox copies to customers. The issue before the Supreme Court was whether the making and delivery of photocopies constituted a sale of goods under Section 2(1) of the Tamil Nadu …

KIRAN BALAversusSURINDER KUMAR

1996 INSC 613Appeal(s) allowed

Kiran Bala sold her residential house to relatives to pay debts, but the sale was declared null and void as a fraudulent transfer under the Transfer of Property Act. The decree-holder sought to attach and sell the house in execution of a money decree, while the appellant claimed exemption under …

SMT. SANTOSH YADAVversusSTATE OF,HARYANA AND ORS.

1996 INSC 614Appeal(s) allowed

The appellant, a Hindi teacher, was appointed on a six‑monthly contract in 1980 and regularised in 1984. In 1990 the Education Department ordered her removal, claiming her teacher‑training certificate from Uttar Pradesh was not recognised by Haryana. The Department relied on a 7 July 1981 circular …

MAHABIR CHOUDHARY ETC.versusSTATE OF B!HAR

1996 INSC 602Appeal(s) allowed

Thirteen residents of Kusi village were prosecuted after three men from the neighbouring Malpura village cut open a bund, diverting water during a drought. The Kusi villagers attempted to restore the bund, were resisted, and four of them shot the three intruders, causing their deaths. The trial …