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MARKANDEY KATJU

250 judgments · newest first · showing 201–250

ABDUL REHMAN SHORA (DEAD) BY LRS. & ORS.versusSTATE OF J & K & ANR.

2009 INSC 8Appeal(s) allowed

The appellants, original plaintiffs in a perpetual injunction suit, obtained a decree granting them possession of a specific parcel of land. The executing court, after a commission demarcated the land, ordered the judgment-debtors to comply, but the debtors later claimed the decree was un‑executable …

INDIAN CHARGE CHROME LTD.versusJAGDISH RAI PURI & OTHER

2008 INSC 1395Dismissed

Indian Charge Chrome Ltd. sought specific performance of a contract to purchase government land. The land, originally granted to a third party, required State Government permission for transfer. The State Government refused permission, leading to a writ petition in the Orissa High Court, which set …

PRAKASH R. GUPTAversusLONAVALA MUNICIPAL COUNCIL & ORS.

2008 INSC 1377Appeal(s) allowed

The appellant, owner of land reserved for a college under a development plan, sought release of the land after the college was disaffiliated. The land had not been acquired within the ten‑year period prescribed by Section 127 of the Maharashtra Regional and Town Planning Act, 1966, nor were any …

VISHWAMBHAR NARAYAN JADHAVversusMALLAPPA SANGRAMAPPA MALLIPATIL & ANR.

2008 INSC 1378Appeal(s) allowed

The appellant Vishwambhar Narayan Jadhav was attacked with acid on a bus, sustaining serious burns. He was convicted by the trial court under Section 326 of the Indian Penal Code and sentenced to three years' rigorous imprisonment and a fine of Rs.3,000. The conviction and sentence were affirmed by …

DELHI TRANSPORT CORPORATIONversusMOOL CHAND

2008 INSC 1379Disposed off

The Delhi Transport Corporation (DTC) introduced a Voluntary Retirement Scheme (VRS) in 1995 that expressly stated employees opting for the scheme would not be entitled to a pension. Mool Chand, the respondent, retired under this scheme. The Delhi High Court had held that despite the scheme's terms, …

P. SATYANARAYANA RAO & ANR. ETC.versusS.V.P. SARVANI & ORS.

2008 INSC 1380Appeal(s) allowed

The case concerned the seniority of a Junior Assistant who moved from a Category‑11 post in a subordinate Commercial Tax office to a Category‑10 post in the Head of Department's office under the Andhra Pradesh Ministerial Service Rules. The employee claimed that his seniority in the new post should …

STANDARD CORROSION CONTROLS PVT. LTD.versusSARKU ENGINEERING SERVICES SON BHD

2008 INSC 1290Dismissed

Standard Corrosion Controls Pvt Ltd (Indian) and SARKU Engineering Services Sdn Bhd (Malaysian) entered a contract for painting works. The contract contained Article X, which required any dispute to be settled by mutual consultation and, failing that, by arbitration in Mumbai under the International …

M/S SRI KRISHNA AGENCIESversusSTATE OF A.P. & ANR.

2008 INSC 1288Appeal(s) allowed

The appellant, Sri Krishna Agencies, filed a criminal complaint under Section 138 of the Negotiable Instruments Act for three dishonoured cheques of Rs. 5 lakh each. The respondent argued that the dispute was already before an arbitration forum and therefore the matter was civil, prompting the …

M/S. M.B. PATEL & CO.versusOIL & NATURAL GAS COMMISSION

2008 INSC 618Dismissed

M.B. Patel & Co., a contractor, obtained an arbitration award on 03‑05‑1985 against the Oil & Natural Gas Commission (ONGC) for various monetary claims, including compensation for delays, illegal deductions, and interest. The High Court of Gujarat set aside the award, holding that the arbitrator had …

RAJASTHAN STATE ELECTRICITY BOARDversusUNION OF INDIA & ORS.

2008 INSC 601Case Allowed

The Rajasthan State Electricity Board (RSEB) had booked railway rakes for coal transport in 1992 and paid Rs.3,56,69,671 by mistake, a liability that the Union of India expressly admitted. RSEB filed a writ petition in the Bombay High Court, which dismissed the petition on the sole ground that an …

UNION OF INDIAversusC.N. VASUDEVAN

2008 INSC 602Case Allowed

C.N. Vasudevan, a Regional Passport Officer in Ahmedabad, was also assigned the duties of Protector of Emigrants under the Emigration Act, 1983. He filed an application before the Central Administrative Tribunal seeking an honorarium for the additional responsibilities, which the Tribunal granted; …

STATE OF U.P. & ANR.versusRAM ADHAR

2008 INSC 483Case Allowed

The respondent was appointed on an ad‑hoc basis as a stenographer for three months, with two extensions, and subsequently failed the qualifying test. He filed a writ petition seeking to remain in the post until a regular stenographer was appointed, and the Allahabad High Court allowed his …

GOVERNMENT OF ANDHRA PRADESH & ORS.versusN. SUBBARAYUDU & ORS.

2008 INSC 409Case Allowed

The respondents, lecturers in private aided colleges, challenged a government order fixing 1 November 1992 as the cut‑off date for pension entitlement after the Education Code amendment reduced their retirement age from 60 to 58 years. The High Court held the cut‑off date arbitrary and …

BOARD OF DIRECTORS, H.P.T.C. & ANR.versusK.C. RAHI

2008 INSC 225Case Allowed

The respondent, an Inspector in the Himachal Pradesh Transport Corporation, was charge‑sheeted and served notice of a departmental inquiry by post and by publication in a newspaper. He chose not to appear, and the inquiry proceeded ex parte, resulting in a finding of guilt and termination of his …

SURESH NANDAversusC.B.I

2008 INSC 98Disposed off

Suresh Nanda, an NRI, had his passport seized by the CBI during a search on 10 October 2006. The Special Judge ordered its release with conditions, but the High Court reversed that order, refusing release. The Supreme Court examined whether the CBI could retain or impound the passport without an …

SHAIKH RAFIQ & ANR.versusSTATE OF MAHARASHTRA

2008 INSC 87Case Allowed

The appellants Shaikh Rafiq and Fatimbee were convicted for the murder of Noor Miya Mohd. Hussain, allegedly after they, together with the deceased's daughter‑in‑law Jaibunisa, came to his house and, following a dispute, poured kerosene on him and set him alight. The conviction rested solely on a …

UNION OF INDIAversusS.R. DHINGRA AND ORS.

2007 INSC 1304Appeal(s) allowed

The case concerned pension computation for railway "Running Staff" who retired before 1 January 1986. The Government issued an Office Memorandum on 10 February 1998 fixing the notional pay of pre‑1986 retirees as on that date, treating it as average emoluments for pension. A subsequent Railway Board …

DIVISIONAL MANAGER, ARAVALI GOLF CLUB & ANR.versusCHANDER HASS & ANR.

2007 INSC 1240Appeal(s) allowed

The respondents, originally appointed as Mali (gardener) on daily wages, were later required to work as tractor drivers though no such post existed in the Aravali Golf Club. After being paid tractor‑driver wages, they were regularised only as Mali and filed a suit seeking regularisation as tractor …

MOHD. AKRAM ANSARIversusCHIEF ELECTION OFFICER & ORS.

2007 INSC 1225Dismissed

Mohd. Akram Ansari contested the 2003 Delhi Legislative Assembly election and lost to Haroon Yusuf, who was then Chairman of the Delhi Wakf Board. The appellant challenged Yusuf's election on the ground that the Wakf Board chairmanship was an office of profit and that the election petition raised …

KANNAN (DEAD) BY LRS. AND ORS.versusV.S. PANDURANGAM (DEAD) BY LRS. AND ORS.

2007 INSC 1192Dismissed

The plaintiff filed a suit for declaration of title and possession of a residential property, which the trial court decreed in his favour. The defendant appealed and the first appellate court set aside the decree, holding that the defendant had acquired title by adverse possession. The plaintiff …

STATE OF PUNJABversusRANINDER SINGH AND ANR. ETC.

2007 INSC 1162Disposed off

The Supreme Court heard two appeals arising from orders of the Punjab & Haryana High Court. In Criminal Appeal No. 1608 of 2007 the Court considered the grant of anticipatory bail to Raninder Singh and others under Section 438(2)(i) of the Code of Criminal Procedure, 1973, and clarified that the …

STATE OF PUNJAB AND ORS.versusSURINDER SINGH AND ANR.

2007 INSC 1106Appeal(s) allowed

The State of Punjab appealed against orders of the Trial Court and the Punjab & Haryana High Court that had directed daily‑wage tractor drivers to be placed on the same pay scale as regularly appointed drivers on the basis of equal pay for equal work. The Supreme Court examined whether the principle …

UNION OF INDIAversusB.M. JHA

2007 INSC 1101Appeal(s) allowed

The respondent, an incumbent employee, was granted a retrospective promotion effective 27 August 1984 and claimed arrears of pay and allowances for the period up to 5 February 1992. The Central Administrative Tribunal and the Delhi High Court allowed the claim. The appellant challenged these orders …

BALAKRUSHNA BEHERA AND ANR.versusSATYPRAKASH DASH

2007 INSC 1095Appeal(s) allowed

A writ petition was filed by Balakrushna Behera seeking a mandamus directing Utkal University of Culture to complete the selection and appoint him as Lecturer in South & South East Asian Studies. The High Court ordered the university to complete the selection and publish the result, which was done, …

STATE ELECTRICITY BOARDversusPOORAN CHANDRA PANDEY AND ORS.

2007 INSC 1026Dismissed

The petitioners were 34 daily‑wage employees of the Cooperative Electric Supply Society who were taken over by the U.P. State Electricity Board on 3 April 1997. They had been appointed before 4 May 1990, the cut‑off date for a Board decision dated 28 November 1996 that sought to regularise all …

THE GOVERNMENT OF A.P. AND ORS.versusMOHD. TAHER ALI

2007 INSC 1027Appeal(s) allowed

Mohd. Taherali, a police constable, failed to report for election bandobust duty on 2 September 1999 and was charged with desertion. He had earlier been found guilty of desertion on two occasions and offered no defence. The Superintendent of Police imposed compulsory retirement, which the …

MORGINA BEGUMversusMANAGING DIRECTOR, HANUMAN PLANTATION LTD.

2007 INSC 979Appeal(s) allowed

The deceased employee of Hanuman Plantation Ltd. died in an accident at Nagaon. His parents, who had moved to Tezpur after his death, filed a compensation claim under the Workmen's Compensation Act before the Commissioner, Tezpur, which awarded Rs. 2.70 lakh. The company appealed, arguing that the …

NARPAT SINGHversusRAJASTHAN FINANCIAL CORPORATION.

2007 INSC 969Disposed off

In Narpat Singh v. Rajasthan Financial Corporation, the appellant filed Interlocutory Applications (I.A.) No. 15-16 seeking clarification and direction of a court order dated 3 May 2007. The court held that such I.A.s are misconceived because they were filed after the case had been finally disposed …

STATE OF RAJASTHANversusCHANDA@ CHANDKORI AND ORS

2007 INSC 970

The State of Rajasthan filed a Special Leave Petition challenging a cryptic order of the Rajasthan High Court that dismissed its application for leave to appeal against an acquittal of Chanda and others without giving reasons. The Supreme Court examined whether a High Court must pass a speaking …

MOSES WILSON AND ORS.versusKASTURIBA AND ORS.

2007 INSC 956Disposed off

The Supreme Court heard Civil Appeals Nos. 1062‑1065 arising from a suit filed in 1947 for Rs 7,000, which involved an attachment before judgment of the defendant's dry fish and a third‑party claim over that fish. After more than six decades of litigation, the Court, with the parties' consent, …

FRUIT COMMISSION AGENTS ASSOCIATION AND ORS.versusGOVT. OF ANDHRA PRADESH AND ORS.

2007 INSC 957Dismissed

The Fruit Commission Agents Association challenged the rent fixed by the Agricultural Produce Market Committee for shop‑cum‑godowns at the Gaddiannaram fruit market, alleging the structures were not permanent and the rent excessive. The High Court upheld the rent fixation, finding the Committee had …

BIBHISHANversusSTATE OF MAHARASHTRA

2007 INSC 953Appeal(s) allowed

An 18‑year‑old girl, Anita, was allegedly lured by the accused into his house and raped. The trial court convicted the accused under Section 376 read with Section 511 of the IPC, a decision affirmed in part by the High Court. On appeal, the Supreme Court examined the medical evidence and found no …

MADAN LAL KAPOORversusRAJIV THAPAR & ORS.

2007 INSC 891Appeal(s) allowed

The appellant filed a criminal revision petition which the Delhi High Court dismissed for default despite notice. The Supreme Court held that a criminal appeal or revision cannot be dismissed for default and must be decided on its merits with a reasoned order. It relied on Bani Singh v. State of …

SYNDICATE BANKversusESTATE OFFICER & MANAGER, A.P.I.I.C. LTD. & ORS.

2007 INSC 885Matter referred to larger bench

Syndicate Bank advanced a loan to United Auto Tractor Ltd. secured by a mortgage on 51 acres of land allotted by the Andhra Pradesh Government, relying on an allotment letter and a consent letter from the Director of Industries. The land was later partially cancelled and the allotment rescinded by …

RAJINDERA SINGH (DEAD) THROUGH LRS. AND ORS.versusPREM MAI AND ORS.

2007 INSC 858Appeal(s) allowed

The appellant, Rajindra Singh (deceased) through his legal representatives, challenged a decree from a 1957 suit in which Prem Mai and Sudha Mai were granted declaration and possession of land. The decree was reversed on appeal, declaring the appellant a Sirdar and entitled to possession. While the …

UNION OF INDIAversusM.S. MOHAMMED RAWTHER

2007 INSC 836Disposed off

The petitioner, Union of India, appealed against a Kerala High Court Division Bench order that directed it to grant Swatantrata Samman Sainik (SSS) pension to the deceased M.S. Mohammed Rawther with effect from 9 September 1989. The Division Bench had reversed a Single Judge’s direction to remand …

FOOD CORPORATION OF INDIA AND ORS.versusRAMESH KUMAR

2007 INSC 822Dismissed

Ramesh Kumar, an employee of the Food Corporation of India (FCI), applied for voluntary retirement under the corporation's 2002 scheme on 13 September 2004. He withdrew his application on 27 September 2004, but FCI accepted the retirement on 9 November 2004. Kumar challenged the acceptance before …

NATIONAL INSURANCE CO.LTD.versusM/S. ISHAR DAS MADAN LAL

2007 INSC 160Dismissed

The respondent, a jeweller, insured his jewellery against theft with National Insurance Co. Ltd. The policy contained an exclusion clause that denied cover for theft by a "customer" of property "entrusted" to them. An unknown customer entered the shop and stole jewellery. The insurer denied the …

BISHNU PRASAD SINHA & ANR.versusSTATE OF ASSAM

2007 INSC 42Dismissed

The appellants, Bishnu Prasad Sinha and a co‑accused, were convicted of raping and murdering a 7‑8‑year‑old girl who was staying overnight in a travel agency’s waiting room. The prosecution’s case rested on the night watchman’s voluntary confession recorded under Section 164 of the CrPC, …

RAJ KUMAR PRASAD TAMARKARversusSTATE OF BIHAR AND ANR.

2007 INSC 3Appeal(s) allowed

The father of a deceased woman appealed against the High Court's acquittal of her husband, who was charged with murder under Section 302 IPC. The trial court had convicted the husband based on circumstantial evidence, a threatening letter (Exhibit 7) establishing motive, the recovery of a revolver …

SITA DEVIversusBIHAR STATE HOUSING BOARD AND ORS.

2006 INSC 984Appeal(s) allowed

Sita Devi applied for a flat under the Bihar State Housing Board's self‑financing scheme and paid a total of Rs.1,71,876 in 1994. The flat was not constructed within the stipulated or a reasonable period, and she sought a refund in October 1996; the Board cancelled her allotment in January 1997 and …

CHANDRIKA SINGH (DEAD) BY LRS. AND ANR.versusSARJUG SINGH AND ANR.

2006 INSC 933Appeal(s) allowed

The case concerned land acquired under the Land Acquisition Act that had been mutated in the name of Damoder Mahto. After Damoder's death, his widow Koleshra Devi (Kaulashwari) possessed a share of the land in lieu of maintenance. She executed a deed of gift on 7 May 1960 in favour of the …

LANKESHWAR MALAKAR AND ORS.versusR. DEKA AND ORS.

2006 INSC 935Appeal(s) allowed

The plaintiffs, descendants of Durga Malakar, filed a title suit claiming ownership of certain lands based on a will dated 8 October 1958 and a probate order. The defendants asserted title through a sale deed executed by Durga's widow Gandhari and a subsequent deed of exchange. The trial court ruled …

COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, SURAT-IIversusM/S. NIRMALA DYECHEM AND ANR.

2006 INSC 925Appeal(s) allowed

The assessee, Nirmala Dyachem, manufactures a product called Domex Power Cleaner/Domex All round Home Cleaner and classified it under heading 38.08 of the Central Excise Tariff Act, 1985 as a disinfectant. The Revenue argued that the product should be placed under heading 34.02, which covers organic …

KALYAN SINGHversusSTATE OF MADHYA PRADESH

2006 INSC 874Appeal(s) allowed

On 31 July 1989, a group of accused, including Kalyan Singh, allegedly surrounded a well where Durga Singh Rawat was bathing and Kalyan Singh is said to have urged Budh Singh to fire, resulting in the victim's death. The trial judge, after detailed analysis of witness statements and noting …

RANJIT SINGH AND CO.versusSTATE OF PUNJAB

2006 INSC 816Disposed off

The case concerned the murder of Harbhajan Kaur, who died from burn injuries allegedly inflicted by members of her in‑law family. The prosecution’s case rested on two dying declarations made by the deceased, which contained inconsistencies regarding the roles of various accused. The Supreme Court …

ABAN LOYD CHILES OFFSHORE LIMITED AND ORS.versusCOMMISSIONER OF CUSTOMS, MAHARASHTRA

2006 INSC 492Case Partly allowed

The appellants, contractors for ONGC, carried out offshore oil operations and moved goods between ONGC's rigs and the shore without payment of customs duty under a customs exemption. After ONGC shifted operations to Nhava Base, the Customs Department issued show‑cause notices alleging unauthorized …