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N SANTOSH HEGDE

135 judgments · newest first · showing 1–135

ASHOK LANKA AND ANR.versusRISHI DIXIT AND ORS.

2005 INSC 277Disposed off

The State of Chhattisgarh invited applications for retail liquor licences and, after receiving over 2.6 lakh applications, selected candidates by computer‑drawn lottery. Several applicants challenged the process, contending that Rule 9(d) of the 2002 Rules required a notarised affidavit at the …

STATE OF KERALA AND ORS.versusMAHARASHTRA DISTILLERIES LTD. AND ORS

2005 INSC 264Disposed off

The State of Kerala created a monopoly in the wholesale trade of Indian Made Foreign Liquor (IMFL) by establishing the Kerala State Beverages Corporation (KSBC) as the sole purchaser of liquor from manufacturers. The dispute centered on whether the duty levied under Section 17 of the Kerala Abkari …

NEERAJ MUNJAL AND ORSversusATUL GROVER MINOR AND ANR.

2005 INSC 261Appeal(s) allowed

A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) which the parties agreed to refer to arbitration. An arbitrator was appointed on 19‑May‑1995 and rendered an award on 19‑Aug‑1996, which the Commission accepted. The Supreme Court later held that the NCDRC could …

STATE OF U.P.versusJAI BIR SINGH

2005 INSC 258Matter referred to larger bench

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the 'social forestry' department and similar welfare activities fall within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947. The conflict arose from differing …

ARVIND MOHAN JOHARI AND ANR.versusSTATE OF U.P. AND ANR.

2005 INSC 254Disposed off

Arvind Mohan Johar and Anand Krishna Johari were granted bail by the Supreme Court on the basis that Rs. 17 crore and Rs. 13 crore respectively were lying in the credit of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) and would be used to satisfy the claimants. The BSE and NSE …

ALLAHABAD JAL SANSTHANversusDAYA SHANKAR RAI AND ANR.

2005 INSC 249Case Partly allowed

The employee (Respondent No.1) was appointed on an ad‑hoc basis by Allahabad Jal Sansthan and terminated on 24 January 1987. He raised an industrial dispute and the Labour Court, in an ex‑parte award dated 11 April 2000, reinstated him with full back wages, holding the termination invalid under …

SURINDER SINGHversusKAPOOR SINGH (D) THROUGH LRS. AND ORS.

2005 INSC 245Dismissed

Surinder Singh, who owned half of a property with his sister, entered into a sale agreement with Kapur Singh claiming authority to sell his sister's share as well. The sister denied such authority, leading the respondents to sue for specific performance. The trial court dismissed the suit, but the …

VIVEKA NAND SETHIversusCHAIRMAN, J. AND K., BANK LTD. AND ORS.

2005 INSC 250Case Partly allowed

Viveka Nand Sethi, a cashier‑clerk of Jammu & Kashmir Bank, failed to resume duties after his leave expired and did not submit a proper medical‑leave application with a valid certificate despite repeated notices and memoranda. The Bank invoked clause 2 of the bipartite settlement (voluntary …

A.P.S.R.T.C.versusREGIONAL TRANSPORT AUTHORITY AND ORS.

2005 INSC 234Reference answered

The Andhra Pradesh State Road Transport Corporation (the Corporation) framed a scheme under s.99 of the Motor Vehicles Act, 1988 to nationalise the mofussil service in West Godavari district, excluding all private operators on the notified routes and on any routes overlapping them. The scheme …

KASTURIversusIYYAMPERUMAL AND ORS.

2005 INSC 228Appeal(s) allowed

Kasturi filed a suit for specific performance of a contract for sale against the vendor (respondents Nos.2 and 3). Respondents Nos.1 and 4‑11, who were not parties to the contract but claimed independent title and possession of the property, applied to be impleaded as defendants. The trial court and …

RANJITSING BRAHMAJEETSING SHARMAversusSTATE OF MAHARASHTRA AND ANR.

2005 INSC 190Appeal(s) allowed

The case arose from the investigation of a massive counterfeit stamp scam in which the former Pune Police Commissioner, Ranjitsing Sharma, was arrested under the Maharashtra Control of Organized Crime Act (MCOCA) on allegations that he had helped and supported members of the organized crime …

STATE OF KARNATAKA AND ANR.versusSANGAPPA DYAVAPPA BIRADAR AND ORS.

2005 INSC 167Appeal(s) allowed

The Karnataka State Government acquired land for a canal project and, after negotiations, entered into consent agreements with the landowners, resulting in consent awards that included market value, solatium and additional market value. The landowners received the compensation and thereafter filed …

AHMED NOORMOHMED BHATTIversusSTATE OF GUJARAT AND ORS.

2005 INSC 144Dismissed

Ahmed Noormohmed Bhatti challenged the criminal proceedings initiated against him on complaints of private respondents and sought a declaration that Section 151 of the Criminal Procedure Code (CrPC) was unconstitutional. The Gujarat High Court dismissed his petition, holding that the provision was …

ANDHRA BANKversusOFFICIAL LIQUIDATOR AND ANR.

2005 INSC 137Appeal(s) allowed

Andhra Bank, a secured creditor, appealed against a Calcutta High Court order that directed it to pay Rs 38 lakhs on an ad‑hoc basis to the official liquidator for disbursing workmen’s salaries. The Supreme Court examined whether the High Court had jurisdiction to issue such an order, the priority …

MANAGER, R.B.I., BANGALOREversusS. MANI AND ORS.

2005 INSC 138Appeal(s) allowed

The Reserve Bank of India (RBI) terminated a group of temporary workers known as "Ticca Mazdoors" who had been employed between 1980 and 1982 after alleging they produced forged certificates; they were later acquitted in criminal trials. In 1987‑88 they sought re‑employment, were refused, and raised …

MADHYA PRADESH ELECTRICITY BOARDversusJAGDISH CHANDRA SHARMA

2005 INSC 120Case Partly allowed

The employee, a muster‑roll labourer, assaulted his superior officer with a tension screw, causing a broken nose, and then remained absent without permission for three weeks. A domestic enquiry proved the misconduct and the employer dismissed him. The Labour Court set aside the dismissal as …

REKHA MUKHERJEEversusASHIS KUMAR DAS AND ORS.

2005 INSC 115Appeal(s) allowed

Rekha Mukherjee, the owner of a property, filed a title suit for eviction against Ashis Kumar Das and others. The respondents filed a suit for specific performance of three sale agreements, which the appellant later cancelled; the trial court dismissed the specific‑performance suit. The respondents …

COAL INDIA LTD. AND ORS.versusIMENK SOU AND ORS.

2005 INSC 114Disposed off

The Supreme Court entertained several Special Leave Petitions arising from a writ petition before the Gauhati High Court, wherein the High Court had directed the Secretary, Ministry of Coal and senior officers of Coal India Ltd. to appear personally and produce original documents. The Union of …

SUSHANTA TAGORE AND ORS.versusUNION OF INDIA AND ORS.

2005 INSC 117Disposed off

The petitioners, residents of Santiniketan, filed a public interest litigation seeking to restrain the construction of residential and commercial complexes, especially on the ecologically sensitive 'Khoai' area, alleging violation of the Visva‑Bharati Act, 1951 and directions of the West Bengal …

KARNATAKA STATE ROAD TRANSPORT CORPORATION AND ANR.versusS.G. KOTTURAPPA AND ANR.

2005 INSC 118Appeal(s) allowed

The Karnataka State Road Transport Corporation (KSRTC) appointed the respondents as Badli conductors, a day‑to‑day temporary position governed by the KSRTC Cadre and Recruitment Regulations, 1982. After repeated misconduct, the corporation terminated their services, removed them from the select list …

HARYANA STATE COOP. LAND DEVELOPMENT BANKversusNEELAM

2005 INSC 109Appeal(s) allowed

Neelam was appointed on an ad‑hoc basis as a typist with Haryana State Cooperative Land Development Bank from January 1985 until May 1986, after which she joined the Haryana Urban Development Authority. Following a successful industrial dispute by similarly situated employees, she filed a writ …

MANAGEMENT OF M/S. SONEPAT COOPERATIVE SUGAR MILLS LTD.versusAJIT SINGH

2005 INSC 77Appeal(s) allowed

The appellant, Management of M/s. Sonepat Co‑operative Sugar Mills Ltd., terminated the services of Ajit Singh, who was employed as a Legal Assistant. Singh claimed that he was a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour …

M/S. OSWAL AGRO FURANE LTD. AND ANR.versusOSWAL AGRO FURANE WORKERS UNION AND ORS.

2005 INSC 78Dismissed

The Supreme Court examined whether an employer could close an industrial undertaking and retrench workmen without obtaining prior permission from the appropriate Government, and whether a settlement reached between the parties could override the statutory requirements of Sections 25‑N and 25‑0 of …

BHUNA COOP. SUGAR MILLS LTD.versusCOMMISSIONER OF INCOME TAX, ROHTAK AND ANR.

2005 INSC 74Appeal(s) allowed

Bhuna Co-operative Sugar Mills Ltd. filed income tax returns for AY 1992‑93 and 1993‑94 claiming a loss and seeking deduction of interest payable on loans to creditors. The Assessing Officer disallowed the deduction under Section 43B(d) and levied penal tax under Section 141(1)(A). The Commissioner …

DHAMPUR SUGAR MILLS LTD.versusBHOLA SINGH

2005 INSC 67Appeal(s) allowed

Bhola Singh was engaged as a trainee/apprentice under a state‑sponsored training scheme in the cane department of Dhampur Sugar Mills Ltd. After 45 trainees were interviewed, only 11 were regularised; Singh was not qualified and continued as a trainee until the scheme ended on 16 November 1987, when …

PRATAP SINGHversusSTATE OF JHARKHAND AND ANR.

2005 INSC 58Disposed off

The appellant Pratap Singh was charged with offences allegedly committed on 31‑12‑1998 and was produced before the Juvenile Court in 2000. The key issues were whether the age of a juvenile offender should be reckoned as of the date of the offence or the date of production before the court, and …

M/S. ZEE TELE FILMS LTD. AND ANR.versusUNION OF INDIA AND ORS.

2005 INSC 59Dismissed

The petitioners challenged the Board of Control for Cricket in India (BCCI) under Article 32, alleging that its cancellation of a television rights tender violated their fundamental rights and that the Board should be treated as a "State" within the meaning of Article 12, making it subject to …

M/S. MARUTI UDYOG LTD.versusRAM LAL AND ORS.

2005 INSC 50Appeal(s) allowed

The respondents were workmen of Maruti Ltd whose employment ended in 1977 due to the closure of the factory. After the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 transferred the company's assets to the Central Government and then to the appellant company, the workmen claimed …

SANGRAMSINH P. GAEKWAD AND ORS.versusSHANTADEVI P. GAEKWAD (I) THR. LRS. AND ORS.

2005 INSC 45Case Partly allowed

The Supreme Court examined a family‑run private company where the board had broadened capital by issuing 15,000 new equity shares, allocating 6,475 to the appellants and reserving 8,000 for the late chairman. The petitioner, a class‑I heir, claimed entitlement to the 8,000 shares and alleged …

BHARAT FORGE CO. LTD.versusUTTAM MANOHAR NAKATE

2005 INSC 39Appeal(s) allowed

Uttam Manohar Nakate, a helper employed by Bharat Forge Co. Ltd., was found sleeping on duty and admitted the misconduct. A domestic enquiry under Standing Order 24(1) of the Industrial Employment (Standing Orders) Act, 1946 found him guilty and dismissed him, noting three prior misconducts with …

KAPILA HINGORANIversusSTATE OF BIHAR

2005 INSC 31

The petitioners, employees of various public sector undertakings in Bihar, sought enforcement of their fundamental right to life under Article 21 after prolonged non-payment of salaries, which had resulted in several deaths. The Supreme Court examined whether the States of Bihar and Jharkhand, as …

BOARD OF CONTROL FOR CRICKET, INDIA AND ANR.versusNETAJI CRICKET CLUB AND ORS.

2005 INSC 18Disposed off

The Board of Control for Cricket in India (BCCI), a society registered under the Tamil Nadu Societies Registration Act, was accused of acting arbitrarily in its election of office‑bearers and in disqualifying a candidate on residence grounds. The High Court admitted a review petition alleging breach …

MOHD. SHAMIM AND ORS.versusSMT. NAHID BEGUM AND ANR.

2005 INSC 16Appeal(s) allowed

The husband (Mohd. Shamim) and his relatives were accused by his wife, Nahid Begum, of offences under Sections 406, 498A and 34 IPC. During the hearing of an anticipatory bail application, an Additional Sessions Judge facilitated a settlement whereby the appellants paid Rs. 2.25 lakh and agreed to …

PANDURANG SITARAM BHAGWATversusSTATE OF MAHARASHTRA

2004 INSC 724Appeal(s) allowed

The appellant, a police constable and landlord, was convicted under Section 354 IPC for outraging the modesty of his tenant's wife, while the three co‑accused were acquitted. The trial court had found the complainant's and her son’s statements unreliable and declared them hostile, but still …

BHANU KUMAR JAINversusARCHANA KUMAR AND ANR.

2004 INSC 723Appeal(s) allowed

The plaintiff filed a partition suit in 1976; the defendants repeatedly failed to appear, leading the trial court to post the case ex‑parte and pass a preliminary decree. The defendants filed applications under Order 9 Rule 7 and Rule 13 to set aside the ex‑parte order, both of which were dismissed, …

CHOLAN ROADWAYS LTD.versusG. THIRUGNANASAMBANDAM

2004 INSC 726Appeal(s) allowed

A bus driven by the respondent crashed, killing seven passengers. The employer dismissed the driver after a domestic enquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act. The Industrial Tribunal refused approval, holding that the enquiry was flawed …

NATHI DEVIversusRADHA DEVI GUPTA

2004 INSC 722Appeal(s) allowed

The appellant, Nathi Devi, was a long‑term tenant of premises that the respondent, Radha Devi Gupta, purchased in 1982. The respondent, a widow, filed an eviction petition under Section 14D of the Delhi Rent Control Act, 1958, claiming immediate possession for her own residence. The key issue was …

CHANDRAKANT UTTAM CHODANKARversusSHRI DAYANAND RAYU MANDRAKAR AND ORS.

2004 INSC 713Appeal(s) allowed

Chandrakant Uttam Chodankar and Jose Philips Domingo D'Souza filed election petitions challenging the election of respondents who were alleged to hold offices of profit. The Bombay High Court dismissed the petitions on preliminary grounds, holding that the copies of the petitions served on the …

JAYA CHANDRA MOHAPATRAversusLAND ACQUISITION OFFICER, RAYAGADA

2004 INSC 663Appeal(s) allowed

The appellant’s lands were acquired under the Land Acquisition Act, 1894 and an award was passed in 1981. The reference court enhanced the compensation in 1990 but failed to grant the statutory benefits under Sections 23(1A), 23(2) and 28 of the Act as amended by the 1984 Amendment Act. Subsequent …

MAHENDRA L. JAIN AND ORS.versusINDORE DEVELOPMENT AUTHORITY AND ORS.

2004 INSC 664Dismissed

The appellants, appointed on daily wages by the Indore Development Authority for a project, later received salary, PF and leave benefits and sought regularisation of their service after the project ended. The High Court dismissed their claim, holding that the appointments were not made to sanctioned …

MADHYA PRADESH SPECIAL POLICE ESTABLISHMENTversusSTATE OF MADHYA PRADESH AND ORS.

2004 INSC 642Leave Granted & Allowed

The Supreme Court examined whether the Governor of Madhya Pradesh could, in his own discretion, grant sanction for the prosecution of two former ministers despite the Council of Ministers' refusal to do so. A Lokayukta report had found prima facie evidence of corruption and conspiracy under the …

TATA CONSULTANCY SERVICESversusSTATE OF ANDHRA PRADESH

2004 INSC 643Dismissed

Tata Consultancy Services (TCS) sold canned computer software packages and was assessed sales tax by the Andhra Pradesh Commercial Tax Officer, who held that the software constituted "goods" under the Andhra Pradesh General Sales Tax Act, 1957. TCS appealed, arguing that software is intangible …

E. V. CHINNAIAHversusSTATE OF ANDHRA PRADESH AND ORS.

2004 INSC 644Appeal(s) allowed

The Andhra Pradesh government, after a commission report, enacted the Andhra Pradesh Scheduled Castes (Rationalisation of Reservation) Act, 2000, which divided the 59 castes listed under Article 341 into four groups and allocated separate reservation percentages to each. The petitioners challenged …

P.S. SATHAPPAN (DEAD) BY LRSversusANDHRA BANK LTD. AND ORS.

2004 INSC 583Appeal(s) allowed

The petitioners challenged a Madras High Court judgment that a Letters Patent Appeal under Clause 15 was not maintainable against an order of a single High Court judge hearing an appeal. The Supreme Court examined the interplay between Section 104(1) and (2) of the Code of Civil Procedure, the …

CHANDI PRASAD AND ORS.versusJAGDISH PRASAD AND ORS.

2004 INSC 567Dismissed

The appeal concerned a partition suit whose final decree was passed in 1968, followed by a series of appeals and a formal decree dated 30 October 1986. The judgment debtor filed an execution petition in 1997, which the executing court dismissed as barred by limitation. The Supreme Court examined …

U.P. STATE ELECTRICITY BOARDversusSHRI SHIV MOHAN SINGH AND ANR.

2004 INSC 568Appeal(s) allowed

The Supreme Court examined whether apprentices appointed under the Apprentices Act, 1961 become "workmen" under the U.P. Industrial Disputes Act, 1947 and the Industrial Disputes Act, 1947, and whether the requirement in Section 4(4) of the Apprentices Act to send the contract to the Apprenticeship …

EXECUTIVE ENGINEER ZP ENGG. DIVN. AND ANR.versusDIGAMBARA RAO

2004 INSC 550Appeal(s) allowed

The respondents, employed as daily‑wage engineers under a government scheme, were terminated in 1996 and filed writ petitions seeking regularisation, a direction not to discontinue their services and arrears of salary. The Karnataka High Court dismissed the writ petitions, finding that their …

M/S. SANGHAM TAPE COMPANYversusHANS RAJ

2004 INSC 551Dismissed

The employee, Hans Raj, had received a full and final settlement from Sangham Tape Company but later filed a reference petition before the Labour Court seeking reinstatement and back wages. The Labour Court passed an ex‑parte award on 5 February 1996. The employer applied to set aside the award, but …

STATE OF PUNJABversusJAGIR SINGH

2004 INSC 552

Jagir Singh, a driver with Punjab Roadways, was absent without leave for about three months in 1979. The State sent a registered notice and published a newspaper notice urging him to report, but he failed to do so, leading to termination of his services on 3 August 1979. The workman sought …

STATE OF UTTAR PRADESHversusSECTION OFFICER BROTHERHOOD AND ANR.

2004 INSC 553Appeal(s) allowed

The Allahabad High Court staff—including Section Officers, Private Secretaries, Bench Secretaries and Assistant Registrars—filed writ petitions seeking higher pay scales on parity with their counterparts in the Delhi High Court. The Chief Justice of the Allahabad High Court merely forwarded their …

COMMISSIONER OF CENTRAL EXCISE, PONDICHERRYversusM/S. ACER INDIA LTD.

2004 INSC 544Dismissed

The Commissioner of Central Excise (Pondicherry) challenged Acer India Ltd.'s practice of deducting the value of operational software from the assessable value of computers for central excise purposes. The Revenue argued that the software, being loaded in the hardware, formed part of the computer …

MADHU GARGversusUNION OF INDIA AND ANR.

2004 INSC 536Appeal(s) allowed

The appellants, husband and brother of the petitioner, were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act on the grounds of alleged misdeclaration of an export consignment (claimed as alloy steel forging but allegedly metal …

L.S. SYNTHETICS LTD.versusFAIRGROWTH FINANCIAL SERVICES LTD. AND ANR.

2004 INSC 498Dismissed

The Supreme Court considered appeals by L.S. Synthtics Ltd. against orders of the Special Court under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, which had directed the appellant to pay a sum of Rs 34,99,900.68 with interest to the Custodian on behalf of …

MUKESH K. TRIPATHIversusSR. DIVISIONAL MANAGER, LIC AND ORS.

2004 INSC 499Dismissed

The appellant, Mukesh K. Tripathi, was appointed as an Apprentice Development Officer in LIC and was terminated during his apprenticeship without notice. He claimed that his dismissal violated Section 25F of the Industrial Disputes Act, 1947, arguing that he was a "workman" within the meaning of …

MUNICIPAL CORPORATION, FARIDABADversusSIRI NIWAS

2004 INSC 500Appeal(s) allowed

The respondent, Siri Niwas, claimed that he had worked for more than 240 days in the twelve months preceding his termination by the Municipal Corporation, Faridabad, and therefore his retrenchment was illegal under Section 25F of the Industrial Disputes Act, 1947. The Industrial Tribunal found that …

CANBANK FINANCIAL SERVICES LTD.versusTHE CUSTODIAN AND ORS.

2004 INSC 494Appeal(s) allowed

Canbank Financial Services Ltd., a subsidiary of Canara Bank, purchased CANCIGO units worth Rs 33 crore from a stock broker (Respondent 2) who had applied for the units through two other banks (Respondents 3 and 4) that held the certificates in their names but transferred possession to the broker. …

SWEDISH MATCH AB AND ANR.versusSECURITIES AND EXCHANGE BOARD, INDIA AND ANR.

2004 INSC 470Case Partly allowed

Swedish Match AB and its associated companies acquired a 74% shareholding in Wimco Ltd., a listed Indian company, by purchasing shares from Indian promoters at a price well above market value. The acquisition was done without making a public announcement as required under Regulation 10/11 of the …

U.P. STATE SUGAR CORPN. LTD.versusJAIN CONSTRUCTION CO. AND ANR.

2004 INSC 477Leave Granted & Allowed

The State Sugar Corporation and Jain Construction entered into a contract containing an arbitration clause. In 1991 Jain Construction, an unregistered partnership firm, filed an application under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. The Civil Judge dismissed the …

KRISHNA BHADURversusM/S. PURNA THEATRE AND ORS.

2004 INSC 478Appeal(s) allowed

Krishna Bahadur, a messenger‑cum‑bearer, was dismissed for disciplinary misconduct, reinstated by an Industrial Tribunal, and then retrenched within a month with a modest compensation. The trade union challenged the retrenchment on the ground that the employer had not complied with the mandatory …

CLARIANT INTERNATIONAL LTD. AND ANR.versusSECURITIES AND EXCHANGE BOARD OF INDIA

2004 INSC 471Disposed off

The Supreme Court considered a dispute arising from SEBI’s direction that the acquirer of Colour‑Chem Ltd. pay interest to shareholders for the delay in making a public offer under the 1997 Takeover Regulations, as amended in 2002. The Board had directed a 15% per‑annum interest on the offer price …

NATIONAL INSURANCE CO. LTD.versusV. CHINNAMMA AND ORS.

2004 INSC 472Leave Granted & Allowed

The deceased, a vegetable trader, was traveling in a tractor with a trailer when he fell and died after the vehicle was driven at high speed. His heirs claimed compensation under Section 147(1) of the Motor Vehicles Act, 1988, arguing that the insurer was liable for the death of the owner of the …

M/S ROLLATAINERS LIMITEDversusCOMMISSIONER OF CENTRAL EXCISE, DELHI-III

2004 INSC 410Appeal(s) allowed

M/s Rollatainers Ltd owned two distinct factories – a Paper Board Factory in Shed No.1 and a Specialty Paper Factory in Shed No.3 – each with its own plant, staff, management and premises‑specific registration under Rule 174(3) of the Central Excise Rules. Both factories claimed the nil‑rate …

STATE OF HARYANAversusJARNAIL SINGH AND ORS.

2004 INSC 325Appeal(s) allowed

The police, including a Superintendent of Police, stopped a tanker on a public highway and searched it, discovering 73 gunny bags of poppy husk. The accused were convicted under Section 15 of the NDPS Act, but the High Court acquitted them, holding that Sections 42 and 50 of the NDPS Act were not …

STATE OF WEST BENGALversusSADAN K. BORMAL AND ANR.

2004 INSC 326Appeal(s) allowed

The State of West Bengal filed a criminal appeal against S.K. Bormal and others, who were charged under the Prevention of Corruption Act, 1947 for offences alleged to have been committed in August 1988. The 1947 Act was repealed on 9 September 1988 by the Prevention of Corruption Act, 1988, and the …

MANDA JAGANATHversusK.S. RATHNAM AND ORS.

2004 INSC 273Leave Granted & Allowed

The first respondent filed a nomination for the Lok Sabha election from Nagarkurnool (SC) constituency, but the Returning Officer rejected his Form B for leaving columns 2‑7 blank and consequently treated him as an independent candidate, refusing to allot the party symbol of Telangana Rashtra …

DAYAL SINGHversusSTATE OF RAJASTHAN

2004 INSC 262Dismissed

Dayal Singh was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling hard‑boiled sugar confectionery that contained mineral oil, which at the time was deemed an unwholesome ingredient and amounted to adulteration. While his appeal was pending, the Rules were …

SHIPPING CORPORATION OF INDIA LTD.versusMACHADO BROTHERS AND ORS.

2004 INSC 212Leave Granted & Allowed

Shipping Corporation of India terminated an agency agreement with Machado Brothers in 1995; the latter sued for a declaration that the termination was illegal and obtained an interim injunction. In 2001 the corporation issued a second termination notice, prompting the respondent to file another …

SAJAN ABRAHAMversusSTATE OF KERALA

2004 INSC 133Appeal(s) allowed

The appellant, Sajan Abraham, was found in possession of 25 ampoules of the psychotropic drug Buprenorphine Hydrochloride (Tidigesic) and three syringes, and was charged under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The trial court acquitted him, but the Kerala …

LELLA SRINIVASA RAOversusSTATE OF ANDHRA PRADESH

2004 INSC 134Appeal(s) allowed

The deceased Bhavani and her infant daughter set themselves on fire and died. The prosecution alleged that the husband, Lella Srinivas Rao, and his mother had subjected Bhavani to cruelty and harassment, driving her to suicide, and charged them under IPC sections 498‑A and 306. Two dying …

M.A. KUTTAPPANversusE. KRLSHNAN NAYANAR AND ANR.

2004 INSC 135Dismissed

The appellant, a Scheduled Caste MLA, lodged a complaint before the Special Judge (constituted under the SC/ST (Prevention of Atrocities) Act) alleging that the Chief Minister made public derogatory remarks that encouraged untouchability. The Special Judge found an offence under Section 3(1)(x) of …

HANS RAJversusSTATE OF HARYANA

2004 INSC 136Case Partly allowed

Hans Raj was convicted under Section 306 IPC for abetting the suicide of his wife, Jeeto Rani, and also under Section 498A IPC for cruelty. The prosecution’s case relied on the presumption in Section 113-A of the Evidence Act, asserting that the wife’s suicide within seven years of marriage and …

VIVEK GUPTAversusCENTRAL BUREAU OF INVESTIGATION AND ANR .

2003 INSC 512Dismissed

Vivek Gupta conspired with two State Bank of India officers to cheat the bank, causing substantial loss. All three were charged under Section 120B read with Section 420 of the IPC, while the two officers were additionally charged under the Prevention of Corruption Act, 1988 (PCA). The trial was …

SHIV KUMAR BHAGATversusSTATE OF BIHAR AND ORS.

2003 INSC 473Appeal(s) allowed

Shiv Kumar Bhaghat applied for an additional wholesale licence for Indian Made Foreign Liquor (IMFL) in Begusarai. The Collector recommended the licence, which the Excise Commissioner eventually approved after considering the Collector’s comments and other material. The sole existing licencee …

HEMRAJ AND ANR.versusSTATE OF PUNJAB

2003 INSC 459Appeal(s) allowed

The appellants Hemraj, Gian Chand and Baldev Raj were acquitted by the trial court of murder (Sec. 302 IPC) read with Sec. 34 IPC, but the Punjab and Haryana High Court reversed the acquittal and convicted them. They appealed to the Supreme Court under Sec. 379 CrPC and Sec. 2(a) of the Supreme …

VAJRAPU SAMBAYYA NAIDU AND ORS.versusSTATE OF A.P. AND ORS.

2003 INSC 444Appeal(s) allowed

The case involved a dispute over 2.5 acres of land where the accused, who had obtained a court order and actual delivery of possession, were in possession against the deceased who was cultivating the land. On 23 July 1992 the accused formed an assembly, armed with knives and sticks, and were …

MALKHAN SINGH AND ORS.versusSTATE OF MADHYA PRADESH

2003 INSC 308Dismissed

The appellants were convicted of gang rape and criminal intimidation of a tribal school teacher under IPC sections 376(2)(G) and 506 and the SC/ST (Prevention of Atrocities) Act. The prosecution’s case rested on the victim’s identification of the three accused in court, despite no test …

COMMISSIONER OF INCOME TAX, BHOPALversusM/S. SHELLY PRODUCTS AND ANR.

2003 INSC 287Appeal(s) allowed

The Supreme Court considered whether advance tax and self‑assessment tax paid by Shelly Products could be refunded merely because the earlier assessment was annulled and the revenue could not pass a fresh assessment. The Court held that the liability to pay advance tax and self‑assessment tax arises …

UNION OF INDIA AND ORS.versusEX.FLT. LT. G.S. BAJWA

2003 INSC 274Appeal(s) allowed

The case concerned Flight Lieutenant G.S. Bajwa, who was dismissed by a General Court Martial under the Air Force Act, 1950 for disobeying a medical examination order. Bajwa claimed that the trial violated his fundamental rights because he was denied a defence counsel of his choice at State expense …

UNION OF INDIA AND ORS.versusSHIVENDRA BIKARAM SINGH

2003 INSC 254Dismissed

The respondent, a naval officer, was convicted by a Court Martial for offences under the IPC and the Navy Act. He challenged the conviction, arguing that three members of the Court Martial were incompetent to act as impartial judges and that the trial Judge Advocate had summarily rejected his …

ABDUL RAZAK DAWOOD DHANANIversusUNION OF INDIA AND ORS.

2003 INSC 247Dismissed

The appellant's son was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a first representation on 12 April 2002 challenging the detention, which was rejected by the Central Government after the Advisory Board’s opinion. A second …

SUPERINTENDENT OF POLICE, C.B.I. AND ORS.versusTAPAN KR. SINGH

2003 INSC 226Appeal(s) allowed

The CBI received a reliable tip that Tapan Kumar Singh, a senior official, had demanded and accepted a sum of Rs 1 lakh as illegal gratification and was carrying the cash on a train. A General Diary (G.D.) entry recorded this information, after which the police intercepted Singh, searched him, his …

UNION OF INDIAversusB.N. JHA

2003 INSC 154Dismissed

The case concerned a Deputy Commandant of the Border Security Force (BSF) who was accused of accepting bribes for recruitment. The Unit Commandant, who was also a prosecution witness, directed a subordinate Commandant to initiate disciplinary proceedings against the officer, attaching him to a wing …

UDAYversusSTATE OF KARNATAKA

2003 INSC 109Appeal(s) allowed

The appellant, a 20‑year‑old man, was convicted of rape under Section 376 IPC for having sexual intercourse with a 19‑year‑old college student who alleged that she consented only because he promised to marry her. The trial court and the Karnataka High Court held that the promise constituted fraud …

STATE THROUGH NARCOTICS CONTROL BUREAUversusKULWANT SINGH

2003 INSC 77Disposed off

The State, represented by the Narcotics Control Bureau (NCB), appealed against the Delhi High Court's order that quashed the conviction of Kulwant Singh under Section 21 of the NDPS Act, holding that the NCB was not a department and therefore its officers lacked authority to conduct search, seizure …

UNION OF INDIA & ORS.versusDHIR SINGH CHINA, COLONEL (RETD.)

2003 INSC 54Appeal(s) allowed

Colonel (Retd.) Dhir Singh Chhina retired with a 60% disability (angina pectoris 40% and glaucoma 20%). The Medical Board held that these ailments were constitutional and not attributable to or aggravated by military service. He claimed a disability pension under Regulation 53 of the Armed Forces …

CHITTARMALversusSTATE OF RAJASTHAN

2003 INSC 5Dismissed

The appellants Chittarmal and Moti were charged with murder and attempted murder for assaulting two sleeping men, resulting in their deaths, and grievously injuring a third witness, Lal Chand. The trial court convicted them under Sections 302 and 307 IPC and sentenced them to death, which was later …

GURUCHARAN KUMAR AND ANR.versusSTATE OF RAJASTHAN

2003 INSC 6Appeal(s) allowed

Geetu married Parvin Kumar and, two and a half months later, died by hanging. The prosecution alleged that her husband and in‑laws harassed her for a dowry car, constituting offences under Sections 304B and 306 IPC. The trial court and High Court convicted them, but on appeal the Supreme Court …

M.C. ABRAHAM AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2002 INSC 575Appeal(s) allowed

The Supreme Court examined a writ petition filed by directors of Maharashtra Antibiotics & Pharmaceuticals Ltd. seeking relief against the Bombay High Court's order directing the State to arrest them and to compel the investigating agency to file a charge‑sheet. The Court held that arrest is a …

LAKHWINDER SINGH AND ORS.versusSTATE OF PUNJAB

2002 INSC 548Appeal(s) allowed

The appellants, three constables, were convicted for murder, attempted murder and related offences arising from a violent incident on 24 December 1996. The prosecution's case relied on three eye‑witnesses, forensic reports and seized weapons, but the Supreme Court found serious deficiencies: the FIR …

CENTRAL AIRMEN SELECTION BOARD AND ANR.versusSURENDER KUMAR DAS

2002 INSC 486Appeal(s) allowed

The Central Airmen Selection Board advertised a post of Airman with an upper age limit that could be relaxed by two years for candidates who had passed the Intermediate (+2) examination. Surrender Kumar Das applied claiming such qualification, qualified the written test and was called to report, but …

NANDU RASTOGI @ NANDJI RASTOGI AND ANR.versusSTATE OF BIHAR

2002 INSC 417Dismissed

The brothers Nandu Rastogi and Bal Mukund Rastogi, together with Jagdish Chamar and two unknown persons, were convicted for the murder of Shankar Rastogi, the son of informant Shyam Mohan Rastogi, over a property‑eviction dispute. The prosecution proved that the accused entered the informant’s shop …

SUBRAMANI AND ORS.versusSTATE OF TAMIL NADU

2002 INSC 355Appeal(s) allowed

The appellants, Subramani and four others, were charged with murder, grievous hurt and criminal trespass after a violent clash over a disputed plot of land they had cultivated for over 50 years. The prosecution alleged that the deceased, a purchaser of the land, and his family attempted to plough …

HARJIT SINGH AND ORS.versusSTATE OF PUNJAB

2002 INSC 341Disposed off

Six accused were charged with murder, attempted murder and other offences arising from a land‑dispute clash in Chhichrewal, Punjab. The trial court convicted all of them under Sections 302, 307, 323, 324, 326 IPC read with Sections 148 and 149, while the High Court set aside the convictions of …

MUNUSWAMY AND ORS.versusSTATE OF TAMIL NADU

2002 INSC 337Dismissed

The appellants—Munuswamy and his sons Kujlaresan and Selvam—conspired to kill the deceased, Adhimoolam, by waiting at a roadside, chasing him, overpowering him, and stabbing him with a pen‑knife on the father's order. The deceased died from injuries to vital organs. All three were convicted under …

M/S. I.T.L. LTD.versusM/S. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.

2002 INSC 282Dismissed

MIS. I.T. Ltd. appealed to the Supreme Court against the order of the 10th Additional City Civil Judge, Bangalore, which dismissed its appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996. The central question was whether a revision petition under Section 115 of the Code of …

M/S. B.P.L. INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, COCHIN

2002 INSC 265Dismissed

M/s B.P.L. India Ltd. imported 100 kits of VTRs with colour monitors in semi‑knocked‑down condition and paid countervailing duty under tariff item 68. It then assembled the kits into finished VTRs/colour monitors at its factory and cleared them without paying central excise duty, without intimating …

COMMISSIONER OF CENTRAL EXCISE, COCHINversusM/S. TATA TEA LTD.

2002 INSC 254Appeal(s) allowed

The Commissioner of Central Excise issued notices to M/s Tata Tea Ltd demanding cess on its 'instant tea' under Section 25 of the Tea Act, 1953. The company contended that 'instant tea' was not 'tea' as defined in Section 3(n) and therefore the notices were illegal. The Tribunal set aside the …

COMMISSIONER, CENTRAL EXCISE, NAGPURversusM/S. WAINGANGA SAHKARI S. KARKHANA LTD.

2002 INSC 212Dismissed

The Commissioner of Central Excise appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal which held that the making of trusses, columns and purlines by the assessee constituted manufacture. The Tribunal relied on the decision in Aruna Industries v. CCE Guntur, …

CHANDER PALversusTHE STATE OF HARYANA

2002 INSC 70Appeal(s) allowed

The case concerned the murder of Ravinder Kumar on 1 August 1992. The prosecution alleged that Chander Pal (appellant‑1) and Rajinder (appellant‑2) stabbed the deceased, relying primarily on the testimony of the victim's brother (PW‑1) and a tea‑stall owner (PW‑2), while other key witnesses such as …

UNION OF INDIA AND ORS.versusADANI EXPORTS LTD. AND ANR.

2001 INSC 546Appeal(s) allowed

The Union of India and others appealed against the Gujarat High Court’s order allowing special civil applications filed by Adani Exports Ltd. and others seeking the benefit of a Pass‑Book Scheme under the Import‑Export Policy for shrimp exports. The central issue was whether the Gujarat High Court …

DR. T. V. JOSEversusCHACKO P.M. @ THANKACHAN AND ORS.

2001 INSC 465Dismissed

A passenger died in a car accident on 9 April 1987. The claimants filed a suit before the Motor Accidents Claims Tribunal against the appellant (Dr. T.V. Jose), the driver and the insurer. The appellant asserted that he had transferred ownership of the car before the accident, but the transfer was …

PUNJAB NATIONAL BANKversusO.C. KRISHNAN AND ORS.

2001 INSC 360Appeal(s) allowed

Punjab National Bank filed a suit for recovery of money against a principal debtor and guarantors, which was transferred to the Debt Recovery Tribunal (DRT). The DRT decreed that the bank could recover the debt by selling the guarantors' mortgaged plant, machinery and property and directed the …

SHYAM SUNDER AND ANR.versusRAM KUMAR AND ANR.

2001 INSC 323Dismissed

The appellants purchased agricultural land from vendors and the respondents, as co‑sharers, filed a suit claiming a statutory right of pre‑emption. The trial court decreed in favour of the respondents and they deposited the purchase money under Order 20 Rule 14 CPC. While the appeal was pending, the …

BHARAT PETROLEUM CORPORATION LTD.versusMUMBAI SHRAMIK SANGHA AND ORS .

2001 INSC 224Hearing Adjourned

In Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha (2001), a civil appeal arose from a Bombay High Court order concerning the scope of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. Two learned judges of the Supreme Court expressed doubt about the correctness of …

COMMISSIONER OF INCOME TAX, JABALPURversusMIS. DURGA ENGINEERING AND FOUNDRY WORKS

2000 INSC 373Appeal(s) allowed

For the assessment years 1987-88 and 1988-89 the Assessing Officer added income to Mis. Durga Engineering and Foundry Works under Section 68, treating certain cash credits as unexplained. The Commissioner upheld the additions, but the Income Tax Appellate Tribunal set aside the assessments and …

NATIONAL INSURANCE COMPANY LTD.versusMRS. CHINTO DEVI AND ORS.

2000 INSC 347Appeal(s) allowed

The Supreme Court considered a dispute between National Insurance Company Ltd. and the owners of a vehicle (Chinto Devi et al.) where an accident occurred at 11:30 a.m. on 23 February 1987, the same day the insurance policy was purportedly issued. The insurer claimed the policy was issued at 4:45 …

RAMAVILASOM GRANDHASALAAND ORS.versusN.S.S. KARAYOGAM

2000 INSC 297Appeal(s) allowed

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal …

SUNEETA AGGARWALversusSTATE OF HARYANA AND ORS.

2000 INSC 65Dismissed

Suneta Aggarwal applied for a Hindi lecturer post in a government‑aided college. The Selection Committee recommended her, but the Vice‑Chancellor disapproved the recommendation and ordered the post to be re‑advertised. Aggarwal applied again after the re‑advertisement, appeared before the new …

OBERAI FORWARDING AGENCYversusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2000 INSC 42

The appellant, Oberai Forwarding Agency, was hired to transport a consignment of broken rice, which was lost in transit. The consignee (second respondent) claimed the loss from New India Assurance Co. Ltd. (first respondent), which paid compensation and obtained a "Letter of Subrogation" and a …

COMMISSIONER OF INCOME-TAX, BOMBAYversusMIS. KANJI SHIVJI AND CO.

2000 INSC 30Dismissed

The case concerned the interpretation of Explanation (2) to Section 40(b) of the Income Tax Act, 1961, which came into force on 1 April 1985. The issue was whether the explanation operated prospectively or was merely declaratory of the law already in force. The Supreme Court examined earlier …

BHAGWANDAS FATECHAND DASWANI AND ORS.versusH.P.A. INTERNATIONAL AND ORS.

2000 INSC 19Appeal(s) allowed

In this civil appeal, the appellant (subsequent purchasers) challenged a Madras High Court decree for specific performance that had been affirmed after a trial court judgment. The High Court hearing concluded on 22 March 1989, but the judgment was delivered only on 24 January 1994, a delay of nearly …

STATE OF U.P. AND ORS.versusM/S. CHHABRA BRICKS AND TILES MFG. CO.

1999 INSC 548Appeal(s) allowed

The State of Uttar Pradesh issued the U.P. Coal Control Order, 1977 under Section 3 of the Essential Commodities Act, 1955, requiring licences for brick kilns using slack coal and imposing conditions on the sale, price, size and export of the bricks produced. Brick manufacturers challenged the …

DADARAO AND ANR.versusRAMRAO AND ORS.

1999 INSC 515Disposed off

The plaintiff, successor to Tukaram Devsarkar, entered into a 1969 agreement to purchase three acres of land from Balwantrao Ganpatrao Pande for Rs.2,000, paying Rs.1,000 as earnest money and stipulating that a sale deed be executed by 15‑April‑1972. The agreement contained a clause that if either …

M/S. FORAGE AND CO.(OF LUSHALA)versusMUNICIPAL CORPN. OF GREATER BOMBAY AND ORS.

1999 INSC 495Dismissed

Mis. Forage & Co., an importer of zinc oxide, contended that octroi could not be levied on the product because Schedule H, Class IV of the Bombay Municipal Corporation Act, 1888, pertains only to articles used in construction, and zinc oxide is used solely in rubber manufacturing. The Bombay High …

GUJARAT STEEL TUBE CO. LTD.versusVIRCHANDBHAI B. SHAH AND ORS.

1999 INSC 474Dismissed

The landlord filed a suit for eviction of the tenant company for non‑payment of rent and, during the suit, sought an order under Section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act directing the tenant to deposit the arrears. The tenant argued that, because it had been …

RAMASHISH YADAV AND ORS.versusSTATE OF BIHAR

1999 INSC 387Dismissed

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

S. THANGAPPANversusP. PADMAVATHY

1999 INSC 355Dismissed

The appellant, S. Thangappan, was a tenant of premises used for an automobile workshop. The respondent, P. Padmavathy, filed an eviction petition under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent from October 1982 to May 1983, the need for demolition and …

SHRI GAJANAN L. PERNEKARversusSTATE OF GOA AND ANR.

1999 INSC 332Appeal(s) allowed

The appellant, a headmaster appointed to a government high school, was transferred to a middle school after the school's takeover and later absorbed back as headmaster of the high school with retrospective effect and consequential benefits by a government order dated 16‑Feb‑1994. The appellant filed …

UNION OF INDIA AND ORS.versusSHRI CHETAN S. NAIK ETC.

1999 INSC 297Dismissed

The Supreme Court examined the interpretation of Rule 7(2)(b) of the Indian Broadcasting (Programme) Service Rules, 1990, which mandates that 50% of Junior Time Scale (JTS) posts (serial no. 5) be filled by "promotion". Two rival views existed: the Karnataka and Emakulam benches held that such …

SHRI MUNIR ALAMversusUNION OF INDIA AND ORS.

1999 INSC 229Case Allowed

The petitioner Munir Alam filed a writ under Article 32 after his son Nadeem Alam was killed by police firing near the Vice‑Chancellor's lodge of Aligarh Muslim University on the night of 1‑2 October 1996. He alleged that the police investigation was biased and incomplete, and sought a fair inquiry …

ARUMUGHAM (DEAD) BY LRS. AND ORS.versusSUNDARAMBAL AND ANR.

1999 INSC 213Appeal(s) allowed

The plaintiff, represented by his legal heirs, sued for a declaration of title and a permanent injunction, claiming to be the son of the late Haritheertham and Mariyayee. The trial court dismissed the suit, finding the plaintiff had not proved his lineage or possession of the property. The first …

INDIAN PETROCHEMICALS CORPN. LTD. AND ANR.versusSHRAMIK SENA AND ORS .

1999 INSC 162

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply …

INDIAN PETROCHEMICALS CORPN. LTD. AND ANR.versusSHRAMIK SENA AND ORS.

1999 INSC 163

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply …

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 …

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 …

THE STATE OF MAHARASHTRA AND ORS.versusKUMARI TANUJA

1999 INSC 30Dismissed

The petitioners, members of the Hindu Bawa community who migrated from Sindh, claimed that they were entitled to reservation benefits for Nomadic tribes under the Maharashtra Government Resolution of 21 November 1961, which listed "Gosavi" and its synonyms, including Bawa. The State of Maharashtra …