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M SRINIVASAN

36 judgments · newest first · showing 1–36

SHRI MAHABIR PRASAD JAINversusSHRI GANGA SINGH

1999 INSC 454Appeal(s) allowed

The respondent, Ganga Singh, first obtained an injunction against M.P. Jain and the Municipal Corporation and later filed a suit under Section 6 of the Specific Relief Act seeking possession of a tuck‑shop premises. The trial court, despite finding that the respondent was not a tenant of the …

NEW INDIA ASSURANCE CO. LTD.versusSMT. SITA BAI AND ORS

1999 INSC 388Appeal(s) allowed

A motor accident occurred on 16 April 1987 at 10:00 am, killing Smt. Salta Bai. The bus involved was owned by respondent No. 5 and driven by respondent No. 6. The owner bought an insurance policy for the bus on the same day at 9:00 pm, and the policy expressly stated that its commencement was 16 …

MAHARASHTRA GIRNI KAMGAR UNIONversusS. BHATTACHARJI AND ORS.

1999 INSC 366Dismissed

The Maharashtra Girni Kamgar Union (appellant) sought cancellation of the registration of respondent No.4 union as a representative union under Section 15(b)(ii) of the Bombay Industrial Relations Act, 1946, alleging that its membership fell below the 25% statutory minimum for a continuous …

UNION OF INDIA AND ORS.versusAPAR PRIVATE LTD. AND ORS.

1999 INSC 284Appeal(s) allowed

The respondents imported goods that were exempt from basic customs duty under a notification issued under Section 25(1) of the Customs Act when the goods entered Indian territorial waters and were stored in a bonded warehouse. When the goods were later removed from the warehouse, the exemption was …

JAIN BROTHERS AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 283Dismissed

The petitioners, Jain Brothers, who import automobile spare parts, challenged Section 3(2) of the Customs Tariff Act, 1975, on the ground that including customs duty in the valuation of imported goods for the purpose of levying an additional duty equal to excise duty was unconstitutional and ultra …

DALMIA CEMENT LTD., RAJASTHANversusCOMMISSIONER OF INCOME TAX, NEW DELHI

1999 INSC 193Appeal(s) allowed

Dalmia Cement Ltd., owner of two cement factories in Pakistan, entered into a sale agreement on 24 July 1962 and a supplemental agreement on 2 November 1962 that stipulated profits and losses from the factories after 30 September 1962 would be credited to the buyer, Mr. Maneckji. The actual transfer …

ORISSA STATE WAREHOUSING CORPN. ETC.versusCOMMISSIONER OF INCOME TAX

1999 INSC 153Dismissed

The Orissa State Warehousing Corporation, a statutory body under the Warehousing Corporation Act, 1962, earned interest on fixed deposits placed with banks. The Income‑Tax Officer added this interest to its total income, holding that it was not covered by the exemption in section 10(29) of the …

MR. NAND LAL BALWANIversusNO

1999 INSC 85Disposed off

Mr. Nand Lal Balwani, an advocate enrolled with the Bombay Bar Association, shouted slogans and hurled his shoe in an open court, thereby interrupting the proceedings. He was informed that his conduct was intended to intimidate the court and was charged with contempt. Balwani filed an affidavit …

COMMISSIONER OF SALES TAXversusINDUSTRIAL COAL ENTERPRISES

1999 INSC 81Dismissed

The Industrial Coal Enterprises (respondent) established a small‑scale manufacturing unit in Uttar Pradesh with a capital investment below Rs. 3 lakh and obtained sales‑tax exemption under Section 4‑A of the U.P. Sales Tax Act, 1948, effective from 9 August 1985. The unit later shifted to its own …

STATE OF JAMMU AND KASHMIRversusSWAMI SACHIDANAND S.C.S. PURNANAND AND ORS. ETC.

1999 INSC 76Disposed off

The Supreme Court heard a public‑interest litigation filed against the State of Jammu and Kashmir concerning the conduct of the annual Amarnath Yatra. The Delhi High Court had directed the State to keep the Balta route permanently open, akin to the Vaishno Devi route, and to improve the traditional …

PUNJAB STATE ELECTRICITY BOARD AND ANRversusSHRI JASBIR SINGH

1999 INSC 60Appeal(s) allowed

The respondent's son suffered a pituitary gland disorder and was prescribed the imported drug Norditropin, for which the Punjab State Electricity Board (PSEB) denied reimbursement of Rs. 313,200. The respondent filed a writ petition, and the Punjab & Haryana High Court directed reimbursement, …

HARSH PRATAP SISODIAversusUNION OF INDIA AND ORS.

1999 INSC 43Case Allowed

Harsh Pratap Sisodia passed his intermediate examination without biology and later cleared biology, subsequently qualifying the All India Pre‑Medical/Pre‑Dental Entrance Examination conducted by CBSE. He was allotted a seat in an MBBS programme under the 15% All India Quota, but the Dean of Dr. V.M. …

COMMISSIONER OF INCOME TAX, SHILLONGversusTARAJAN TEA CO. (P) LTD.

1999 INSC 41Dismissed

The Commissioner of Income Tax, Shillong appealed against the order of the Income Tax Officer (ITO) who had reopened the assessment of Tarajan Tea Co. (P) Ltd. under Section 147(a) of the Income Tax Act, 1961, on the ground that a decision in another tea company case—holding that the sale of …

COMMISSIONER OF INCOME TAX, CALCUTTAversusSUGAULI SUGAR WORKS {P) LTD.

1999 INSC 42Dismissed

SUGAULI SUGAR WORKS (P) Ltd., a private limited company, transferred Rs 3,45,000 from a suspense account to its capital reserve account for the assessment year 1965‑66. The Income Tax Officer included Rs 2,56,529 in the assessee's total income under Section 41 of the Income‑Tax Act, treating the …

STATE OF TAMIL NADUversusTHE MAHALAKSHMI TEXTILE MILLS LTD .

1999 INSC 38Dismissed

The State of Tamil Nadu assessed Mahalakshmi Textile Mills Ltd. for sales tax. The assessee invoked the Deputy Commissioner’s suo motu powers under Section 32 of the Tamil Nadu General Sales Tax Act, 1959, questioning the assessment. After the Deputy Commissioner dismissed the petition, the High …

DIVISIONAL LEVEL COMMITTEE AND ANR.versusHARSWARUP DRUM UDYOG

1999 INSC 33Dismissed

The Divisional Level Committee and the State of Uttar Pradesh appealed against a High Court order that had upheld Harswarup Drum Udyog's claim to sales‑tax exemption under Section 4‑A of the U.P. Sales Tax Act, 1948. The respondent's application was initially rejected because the lease deed, …

M/S. CONTINENTAL CHEMICALS LTD.versusSALES TAX OFFICER AND ANR.

1999 INSC 34Appeal(s) allowed

Continental Chemicals Ltd. obtained a sales tax registration in November 1985 and made a trial sale on 1‑Nov‑1985, but only acquired permanent registration as an industrial unit on 11‑Sep‑1986 and began actual production on 3‑Mar‑1986, with its first sale on 5‑Mar‑1986. The company applied for a …

BAILOCHAN KARANversusBASANT KUMARI NAIK AND ANR.

1999 INSC 35Dismissed

The appellant, a son of Prahalad, was a minor when the property was sold to the plaintiff on 6 February 1953. The plaintiff filed a suit for trespass in 1971, alleging that the appellant had forcibly entered the land. The trial court dismissed the suit, and the High Court examined the date on which …

H.D. REVANNAversusG. PUTTASWAMY AND ORS.

1999 INSC 19Dismissed

The appellant G. Puttaswamy was declared elected after a recount ordered by the Returning Officer, which the respondent H.D. Revanna challenged, alleging that the recount violated Rule 63 of the Conduct of Election Rules, 1961 and that the appellant committed corrupt practices under Sections 100 and …

M/S. AMERICAN REMEDIES PVT. LTD. AND ANR.versusGOVT. OF ANDHRA PRADESH AND ANR.

1999 INSC 4Dismissed

The petitioners, American Remedies Pvt Ltd and another, challenged a demand for differential sales tax that arose after the Andhra Pradesh legislature amended Entry 37 of the Andhra Pradesh General Sales Tax Act, 1957 by the 1996 Amendment Act. They argued that the demand was invalid and that …

GANESH NAGARAO RAUT DUDHAGAONKARversusRAJANI SHANKARRAO SATAV AND ORS.

1998 INSC 467Dismissed

In a municipal council election with 424 voters, the quota for election was 213 votes. No candidate reached the quota, leading to successive rounds of elimination under the Conduct of Election Rules, 1961. The appellant, G.N.R. Dudhagaonkar, contended that 71 ballot papers, which were declared …

SRI RAMENDRA KISHORE BISWASversusTHE STATE OF TRIPURA AND ORS.

1998 INSC 460Appeal(s) allowed

The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the …

DR. J. SHASHIDHARA PRASADversusGOVERNOR OF KARNATAKA AND ANR.

1998 INSC 445Dismissed

Dr. J. Shashidhara Prasad was appointed Vice Chancellor of Mysore University on 20 August 1997, effective 4 September 1997, by the Governor (Chancellor) under Section 11 of the Karnataka State Universities Act, 1976. The next day the Chancellor learned of a pending criminal case against the …

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 …

NAR BAHADUR BHANDARI AND ANR.versusSTATE OF SIKKIM AND OTHERS

1998 INSC 240Dismissed

The Chief Minister of Sikkim and an IAS officer were charged under the Prevention of Corruption Act, 1947 for offences alleged in 1984. After the 1947 Act was repealed and replaced by the Prevention of Corruption Act, 1988, a Special Judge appointed under the 1988 Act tried the case, but later held …

UNION OF INDIA AND ANR.versusRAVI SHANKAR AND ANR.

1998 INSC 113Appeal(s) allowed

The Union of India appealed against a decision of the Central Administrative Tribunal that had directed consideration of two respondents for future vacancies as Pharmacists under the Central Government Health Scheme Delhi (Group C) Ayurvedic Recruitment Rules, 1978, by relaxing the qualification …

CENTRAL BOARD OF SECONDARY EDUCATIONversusNIKHIL GULATI AND ANR.

1998 INSC 92Dismissed

The Central Board of Secondary Education (CBSE) challenged orders of the Rajasthan High Court that allowed certain students, who did not meet eligibility criteria, to appear for board or university examinations. The petitioners argued that such orders contravened the statutory eligibility …

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 …

P. ASHOKANversusUNION OF INDIA AND ANR.

1998 INSC 73Dismissed

The petitioner filed a writ petition under Article 32 of the Constitution challenging the correctness of a decision that had become final on its merits. The petition sought reconsideration of that final decision. The Court examined whether Article 32 can be invoked to obtain a fresh look at a final …

YATINDRANATH SHUKLA AND ORS. KANPURversusCOLLECTOR OF CENTRAL EXCISE, KANPUR

1997 INSC 803Disposed off

The appellant-assessee, a manufacturer of chewing tobacco, challenged a Tribunal order that excluded the value of packing material when computing the assessable value of the goods and that used the net weight of tobacco (excluding packaging) to determine the value per kilogram for exemption under …

STATE OF TAMIL NADUversusP. MUNIAPPAN

1997 INSC 778Appeal(s) allowed

P. Muniappan, an assistant professor, was charged with murdering his wife Nagammal after she was found hanging in their kitchen with burn injuries and signs of struggle. The prosecution relied on extensive circumstantial evidence—Muniappan's motive to obtain a divorce and a second marriage, his …

NATIONAL INSURANCE CO. LTD.versusSANTRO DEVI AND ORS. ETC.

1997 INSC 739Case Partly allowed

A motor accident gave rise to a compensation claim by Santro Devi and others against National Insurance Co. Ltd. The Motor Accidents Claim Tribunal found that the driver of the offending vehicle held a valid licence that had been duly renewed, and the Punjab & Haryana High Court affirmed this …

SURENDRA NARAIN @ MUNNA PANDEYversusTHE STATE OF U.P.

1997 INSC 722Dismissed

Sureendra Narain (Munna Pandey) was convicted of murder under IPC s.302 for shooting Shree Prakash in a rickshaw. The prosecution relied on three eye‑witnesses who named the accused in the FIR, and the accused surrendered later and sought a test identification parade, which was ordered by the …

STATE OF HARYANA AND ORS.versusSHRI OM PRAKASH BHASIN (D) BY L.RS. AND ORS.

1997 INSC 673Disposed off

The State of Haryana acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs.10 per square yard, which was later enhanced to Rs.12 and then Rs.15 per square yard by the District Judge and the High Court respectively. The landowner also claimed a solatium of 30% on the …