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330 judgments · newest first · showing 201–330

THE STATE OF MAHARASHTRA AND ANR.versusTHE JALGAON MUNICIPAL COUNCIL AND ORS.

2003 INSC 85Leave Granted & Allowed

The State of Maharashtra sought to convert Jalgaon Municipal Council into a Municipal Corporation after the 2001 provisional census showed the urban population exceeded three lakh. The High Court quashed the conversion notifications on four grounds: an alleged unconstitutional hiatus, reliance on …

STATE OF U.P. AND ORS.versusSMT. JANKI DEVI PAL

2003 INSC 83Dismissed

In 1995 Janki Devi Pal was elected Zila Panchayat Adhyaksha in Sultanpur, Uttar Pradesh. Complaints against her led the State Government to order a preliminary inquiry under Rule 4 of the Uttar Pradesh Kshetra Panchayat and Zila Panchayat (Removal of Pramukhs, Up‑Pramukhs, Adhyakshas and …

RENU DEVIversusMAHENDRA SINGH AND ORS.

2003 INSC 57Appeal(s) allowed

The case involved a partition suit of a joint Hindu family where a compromise decree dated 13‑Feb‑1978 allocated specific parcels of land to each party by metes and bounds, but it was not engrossed on stamp paper. A later decree dated 24‑May‑1979, executed on stamp paper, merely reproduced the …

BADRINARAYAN CHUNILAL BHUTADAversusGOVINDRAM RAMGOPAL MUNDADA

2003 INSC 14Appeal(s) allowed

The landlord (B.C. Bhutada) let the first floor of a building for residential use and part of the ground floor for non‑residential use to the tenant (G.R. Mundada), who also used a portion as a godown. The landlord sought eviction under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, …

A.P.S.R.T.C. AND ANR.versusS. NARSAGOUD

2003 INSC 17Appeal(s) allowed

The respondent, a conductor employed by Andhra Pradesh State Road Transport Corporation, was removed from service for two periods of unauthorized absence in 1982 and 1992. He raised a dispute under Section 2(A)(2) of the Industrial Disputes Act, 1947, and the Labour Court reinstated him with …

STATE OF RAJASTHANversusHAT SINGH AND ORS.

2003 INSC 4Appeal(s) allowed

The State of Rajasthan prosecuted Hat Singh and others under the Rajasthan Sati (Prevention) Act, 1987 for "glorification of Sati" (Section 5) and for contravention of a prohibitory order issued by the Collector (Section 6(3)). The High Court held that once a prohibitory order was issued, Section 5 …

SHARDA DEVIversusSTATE OF BIHAR AND ANR.

2003 INSC 7Appeal(s) allowed

The State of Bihar acquired land and the Collector awarded compensation to Sharda Devi, who claimed title as a raiyat. The State later sought a reference to the civil court under Section 30 of the Land Acquisition Act, 1894, asserting that the land actually belonged to the State and that the award …

RAJENDRA SHANTARAM TODANKARversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 2Case Partly allowed

The Supreme Court examined the convictions of eight accused in a gang assault that resulted in the death of Gopikrishna and injuries to Sanjay Patil. The trial court and High Court had convicted all accused under Sections 143, 144, 147, 302/149 and 324/149 IPC. On appeal, the Court distinguished two …

LALLU MANJHI AND ANR.versusSTATE OF JHARKHAND

2003 INSC 1Appeal(s) allowed

The case involved ten accused charged with offences under Sections 147, 148, 149 and 302 of the IPC for an alleged murder during an unlawful assembly. The sole eyewitness, PW9, altered his testimony at trial compared to his original FIR statement, and his account was not corroborated by medical or …

SMT. SHANTI DEVI AND ANR.versusSWAMI ASHANAND & ANR.

2002 INSC 577Dismissed

The landlord, Swami Ashanand, a sanyasi, owned a building in Haridwar occupied by four tenants. He filed an eviction suit under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking demolition and reconstruction to create a residence, temple, and …

SHALIGRAM SHRIVASTAVAversusNARESH SINGH PATEL

2002 INSC 562Dismissed

The Supreme Court examined an appeal against the Madhya Pradesh High Court’s order upholding the rejection of a candidate’s nomination in a bye‑election. The Election Commission had instructed Returning Officers to require candidates to fill a proforma disclosing information relevant to …

ROHIT SINGHAL AND ORS.versusPRINCIPAL, JA WAHAR N. VIDYALA YA AND ORS.

2002 INSC 557Disposed off

Five students from a rural background in Uttar Pradesh were admitted to Jawahar Navodaya Vidyalaya (JNV) and later migrated to a JNV in Kerala as per the scheme's national integration policy. They faced language and cultural difficulties, leading to alleged indiscipline and their discharge on …

M/S. INDIA HOUSEversusKISHAN N. LALWANI

2002 INSC 558Dismissed

The respondent filed two revision petitions against a High Court order under the Tamil Nadu Buildings (Lease & Rent) Control Act, 1960, but applied for a certified copy of the order after the 30‑day limitation period had expired. The Supreme Court held that, under Section 12(2) of the Limitation …

BEG RAJ SINGHversusSTATE OF U.P. AND ORS.

2002 INSC 559Appeal(s) allowed

The State of Uttar Pradesh issued a government order to lease sand mining rights on the Yamuna river bed for a term of three to five years. The appellant was initially granted a one‑year lease, which the Collector later extended by two years on the ground that the original lease should have been for …

SUSHILAversusIIND ADDITIONAL DISTRICT JUDGE, BANDA AND ORS.

2002 INSC 553Appeal(s) allowed

The landlady Sushila purchased a shop in 1977 and sought its eviction under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, to accommodate her married, unemployed son Prem Prakash who had an electrical‑wiring certificate and wanted to start a …

BHAIJIversusSUB DIVISIONAL OFFICER, THANDLA AND ORS.

2002 INSC 540Dismissed

The appellant, a member of an aboriginal tribe, purchased land from tribal bhumiswamis during the period covered by Section 1708 of the Madhya Pradesh Land Revenue Code, 1959. He failed to submit the required information within the prescribed two‑year period, prompting the Sub‑Divisional Officer to …

R. KAPILNATH (DEAD) THROUGH LRS.versusKRISHNA

2002 INSC 536Dismissed

The tenant (R. Kapilnath, deceased, through LRs) occupied a house owned by a temple and paid rent to the temple's pujari, Krishna, who filed an eviction suit under the Karnataka Rent Control Act, 1961. The Munsif Court granted eviction under clause (p) of Section 21(1) but not clause (h); the …

ATMA S. BERARversusMUKHTIAR SINGH

2002 INSC 533Appeal(s) allowed

The landlord, a retired Indian Revenue Service officer, constructed a house in Moga and later let part of it to the tenant. After a decade he sought eviction on the ground of needing the premises for his own occupation because of age, health and lack of alternative residence. The Rent Controller and …

AKHILESHWAR KUMAR AND ORS.versusMUSTAQIM AND ORS.

2002 INSC 534Appeal(s) allowed

Four siblings purchased a commercial premises to start their own businesses, particularly plaintiff No. I who intended to run a clothing shop. The premises were occupied by the respondents as tenants. The trial court, applying Section 11(1)(c) of the Bihar Buildings (Lease, Rent & Eviction Control) …

M/S. PRECISION STEEL AND ENGG. WORKSversusPREM DEVA NIRANJAN DEVA TAYAL

2002 INSC 525Dismissed

The tenant, Mis. Precision Steel and Engg. Works, occupied a ground‑floor flat in Greater Kailash, Delhi, under a licence deed dated 13 September 1971 that required residential use but permitted incidental office use subject to local authority approval. The landlord, Prem Deva Niranjan Deva Tayal, …

RAM NIBAS GAGAR (DEAD) BY LRS.versusDEBOJYOTI DAS AND ORS.

2002 INSC 517Dismissed

The landlords filed a suit for eviction of the tenant under Section 5(1)(c) of the Assam Urban Areas Rent Control Act, 1972, claiming the premises were needed for their own cloth business. The trial court, the first appellate court and the Assam High Court upheld the eviction decree. The tenant …

FEROZE N. DOTIVALAversusP.M. WADHWANI AND ORS.

2002 INSC 506Dismissed

The appellant, Feroze N. Dotivala, occupied a portion of a terrace flat owned by the respondents after paying compensation in 1969. The respondents later demanded a written acknowledgment that he was a "paying guest"; he refused and obtained a decree declaring him a deemed tenant. The High Court …

PRATIBHA SINGH AND ANR.versusSHANTI DEVI PRASAD AND ANR.

2002 INSC 503Disposed off

The Supreme Court dealt with a suit for specific performance of a contract to sell immovable land where the plaint failed to give a precise description of the property and no map was annexed. The trial court decreed specific performance, but the decree did not identify the land, leading to execution …

JAGAT PAL DHAWANversusKAHAN SINGH (DEAD) BY LRS. AND ORS.

2002 INSC 487Appeal(s) allowed

The landlord, Jagat Pal Dhawan, filed a suit under Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987 seeking eviction of his tenant, Kahan Singh, on the ground that the over‑100‑year‑old building was required bona‑fide for reconstruction into a modern three‑storeyed house. The …

A. SATYANARAYAN SHAHversusM. YADIGIRI

2002 INSC 489Disposed off

The landlord sought eviction of a tenant occupying a piece of land with a small wooden structure under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The tenant claimed he only rented the land and owned the wooden structure, arguing that the structure was not a "building" within …

LAKSHMI RAM BHUYANversusHARI PRASAD BHUYAN AND ORS.

2002 INSC 483Disposed off

In a title suit filed in 1978, the trial court dismissed the suit, the first appeal upheld the dismissal, and the High Court allowed the second appeal but only directed that a decree be drawn up by the trial court. The trial court prepared a decree that mentioned only costs, omitting the numerous …

VITHAL N. SHETTI AND ANR.versusPRAKASH N. RUDRAKAR AND ORS.

2002 INSC 479Dismissed

The tenant, Vithal N. Shetti, had occupied premises in Pune and erected a permanent structure (dining hall, kitchen, lavatory) in 1961. The landlord, Prakash N. Rudrakar, claimed the construction was done without his written consent and without municipal plan sanction, invoking Section 13(1)(b) of …

LINGALA KONDALA RAOversusVOOTUKURI NARAYANA RAO

2002 INSC 460Dismissed

The appellant, Lingala Kondala Rao, occupied a shop that had been gifted to the respondent, Vootukuri Nara Yana Rao, by his father through a registered deed of settlement. The respondent, a member of a joint Hindu family, sought eviction under Section 10(3)(a)(iii) of the A.P. Buildings (Lease, Rent …

OM WATI GAUR AND ORS.versusJITENDRA KUMAR AND ORS.

2002 INSC 456Dismissed

The Supreme Court considered an appeal by the heirs of a deceased tenant (the appellants) against an eviction decree. The landlords had terminated the tenancy and sued for eviction, rent, damages and mesne profits. After the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 …

ANTHONY D'SOUZA AND ORS.versusSTATE OF KARNATAKA

2002 INSC 453Dismissed

The appellants were convicted for the murder of a lorry driver and cleaner based solely on circumstantial evidence, including their alleged involvement in a road accident, medical treatment for injuries, recovery of a wrist‑watch belonging to the deceased, fertilizer bags and a blood‑stained wooden …

RAM PRASAD SARMAversusMANI KUMAR SUBBA AND ORS.

2002 INSC 446Disposed off

Ram Prasad Sarma, who lost the 1999 Lok Sabha election for Tezpur to Mani Kumar Subba, filed an election petition alleging booth‑capturing and rigging. The respondent moved to dismiss the petition under Section 86(1) on three grounds: the petition was filed beyond the 45‑day limitation, a candidate …

JAIPALversusSTATE OF HARYANA

2002 INSC 420Appeal(s) allowed

The appellant Jaipal was convicted by the trial court and the Punjab & Haryana High Court for murdering his wife Prakash Devi by allegedly administering aluminium phosphide (celphos) based on circumstantial evidence. The prosecution relied on the testimony of the sister‑in‑law, the victim's father, …

K. PRABHAKARANversusP. JAYARAJAN

2002 INSC 415Matter referred to larger bench

The appellant K. Prabhakaran challenged the election of P. Jayarajan, who had been convicted of several offences and sentenced to 29 months of imprisonment, on the ground of disqualification under Section 8 of the Representation of the People Act, 1951. The trial court had ordered the sentences to …

SHAMIM ARAversusSTATE OF U.P. AND ANR.

2002 INSC 416Appeal(s) allowed

Shamim Ara, a Muslim wife, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance on grounds of desertion and cruelty. The husband, Respondent No.2, denied the claim and in his written statement asserted that he had divorced her on 11 July 1987, relying on the …

STATE OF PUNJAB AND ORS.versusNIHAL SINGH

2002 INSC 397Disposed off

Nihal Singh, a life convict under Section 302 IPC, filed a writ petition in the Punjab & Haryana High Court seeking classification as a Class‑B prisoner under para 576‑A of the Punjab Jail Manual, which provides facilities based on classification. The Single Judge declared the classification scheme …

S. SHANMUGAVEL NADARversusSTATE OF TAMIL NADU AND ANR.

2002 INSC 399Appeal(s) allowed

The Supreme Court examined whether the Division Bench decision of the Madras High Court in M. Varadaraja Pillai's case merged into the Supreme Court's order of 10 September 1986, which dismissed appeals on the ground of non‑joinder of the State as a necessary party. The Court held that the Supreme …

M/S. M. SUBBARAO AND SONSversusYASHODAMMA AND ORS

2002 INSC 394Dismissed

The tenants (Mis. M. Subbarao & Sons) were ordered to vacate non‑residential premises under the Karnataka Rent Control Act, 1961. The Karnataka Rent Control Act, 1999 came into force on 31‑12‑2001, repealing the 1961 Act and containing a savings provision (Section 70). The tenants argued that, …

RATTAN DEVversusPASAM DEVI

2002 INSC 385Appeal(s) allowed

Rattan Dev filed a suit for a permanent injunction which was decreed by the trial court. The defendant appealed and the first appellate court reversed the decree, dismissing the suit on the ground that the plaintiff did not appear as a witness and an adverse inference was drawn. Rattan Dev filed a …

SAMPATH KUMARversusAYYAKANNU AND ANR.

2002 INSC 386Appeal(s) allowed

The plaintiff filed a suit in 1988 for a permanent injunction over agricultural land. In 1999, before trial commenced, he sought to amend the plaint under Order VI Rule 17 of the CPC to add relief for declaration of title and recovery of possession, alleging dispossession by the defendant in 1989. …

RITA LALversusRAJ KUMAR SINGH

2002 INSC 387Appeal(s) allowed

The appellant, a widow who had undergone a kidney transplant, filed an eviction petition under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging that the respondent, her employee, occupied the premises as a tenant and was in arrears. The respondent sought leave …

JAYANTIBHAI BHENKARBHAIversusSTATE OF GUJARAT

2002 INSC 378Appeal(s) allowed

Nine persons were charged with murder and related offences arising from a 1989 assault in Singpur, Gujarat. The appellant, Jayantibhai Bhenkarbhai, claimed an alibi, asserting he was in Ahmedabad and Gandhinagar attending legal proceedings on the day of the incident. The trial and High Courts …

DHARMINDERversusSTATE OF HIMACHAL PRADESH

2002 INSC 359Dismissed

The case arose from a violent incident in which the deceased, Laiq Ram, fired a gun at the accused Durga Nand while trying to rescue his son, after which the accused seized the gun and inflicted fatal injuries on the deceased. The appellants Dharminder and Durga Nand were convicted under Sections …

TANZEEM-E-SUFIAversusBIBI HALIMAN AND ORS.

2002 INSC 361Appeal(s) allowed

Bibi Haliman obtained a decree for eviction of a property and filed an execution petition for possession. Judgment debtor No.7, claiming the premises belonged to the Sufi Ashram (Tanzeem‑e‑Sufia), resisted delivery. The Ashram filed an application under Order XXI Rule 97 CPC seeking to be heard as a …

NILESH NANDKUMAR SHAHversusSIKANDAR AZIZ PATEL

2002 INSC 347Dismissed

The landlord sought eviction of three tenants occupying tenements where each unit comprised a front commercial room and a rear residential room, filing suit under the Transfer of Property Act on the ground that the Bombay Rents, Hotel and Lodging, House Rates Control Act, 1947 (Bombay Act) did not …

PRAKASH NARAIN SHARMAversusBURMAH SHELL CO-OP. HOUSING SOCIETY LTD.

2002 INSC 345Disposed off

The appellant claimed entitlement to a plot allotted by the Burmah Shell Co‑op Housing Society under the Delhi Cooperative Societies Act, 1972. The dispute was referred to an arbitrator, but the society challenged the appointment and obtained an interim restraining order from a civil court. The …

HARDEEPversusSTATE OF HARYANA AND ANR.

2002 INSC 338Appeal(s) allowed

Hardeep and his father Maha Singh were charged with the murder of Rajinder Singh. The trial court convicted Hardeep under IPC 304 Part I and acquitted Maha Singh, while the High Court upheld Hardeep's conviction, upgraded it to IPC 302, and retained the father's acquittal. On appeal, the Supreme …

RAMILABEN HASMUKHBHAI KHRISTI AND ANR. ETC.versusSTATE OF GUJARAT

2002 INSC 336Appeal(s) allowed

The victim, Pragnesh Kumar, died from severe burns after allegedly being attacked by a group of accused. Four dying declarations were recorded by a medical officer, a police sub‑inspector and two executive magistrates, none of which were accompanied by a medical certificate confirming the victim's …

STATE OF PUNJABversusGURMEJ SINGH

2002 INSC 326Dismissed

Gurmej Singh brutally assaulted his brother Jagjit Singh, his brother's wife and son, resulting in three deaths and injuries to three others. The trial court sentenced him to death on three counts of murder under IPC s.302, along with fines and other imprisonment terms. The Punjab High Court …

BABU RAM AND ANR.versusSTATE OF U.P. AND ORS.

2002 INSC 319Case Partly allowed

The Supreme Court examined two criminal appeals arising from a 1980 incident in which a dispute over tubewell irrigation led to a lathi assault followed by simultaneous gunshots that killed the victim, Mangali. The Court held that the two accused who fired the guns (Ram Swarup and Raja Ram) shared a …

NARENDRA K. KOCHARversusSIND MAHARASHTRA COOP. HOUSING SOCIETY LTD. AND ORS.

2002 INSC 296Appeal(s) allowed

The Sind Maharashtra Co‑operative Housing Society, a tenant‑co‑partnership society, sued its member (respondent 2) and the appellant who was occupying a flat as a licensee since December 1970, seeking vacant possession under Section 91 of the Maharashtra Co‑operative Societies Act, 1960. The society …

H.S. AHAMMED HUSSAIN AND ANR.versusIRFAN A. HAMMED AND ANR.

2002 INSC 297Appeal(s) allowed

The appellants, parents of two coolies killed in a motor accident, claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation based on a monthly income of Rs.3,000 per victim, applying multipliers of 13 and 14 and interest at 6% per annum. The …

NALAKATH SAINUDDINversusKOORIKADAN SULAIMAN

2002 INSC 284Case Partly allowed

The tenant, Nalakath Sainuddin, held a single tenancy over a shop with two doors and sublet one door to Koorikadan Sulaiman, who later purchased the entire property from the original owners. The landlord filed an eviction suit invoking three grounds under the Kerala Buildings (Lease and Rent …

DHANNALALversusKALAWATIBAI AND ORS.

2002 INSC 289Dismissed

The Supreme Court considered appeals by two tenants who were evicted from two shops in Indore after the widow of the former owner and her two sons filed eviction applications before the Rent Controlling Authority (RCA) under the Madhya Pradesh Accommodation Control Act, 1961, claiming bonafide …

JOGINDER PALversusNAVAL KISHORE BEHAL

2002 INSC 280Dismissed

The landlord, Joginder Pal, filed an eviction petition under Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949, claiming the premises were needed for the office of his chartered‑accountant son. The tenant, Naval Kishore Behal, occupied the premises for non‑residential purposes …

HARRINGTON HOUSE SCHOOLversusS.M. ISPAHANI AND ANR.

2002 INSC 274Disposed off

The tenant, Harrington House School, occupied an old, partially built property and ran an unrecognised private school. The landlords, who are builders, sought eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to demolish the dilapidated structure and …

M/S. BUILD INDIA CONSTRUCTION SYSTEMversusUNION OF INDIA

2002 INSC 268Appeal(s) allowed

The appellant entered into a 1985 construction contract with the Union of India that contained an arbitration clause but did not require a reasoned award. In 1986 the Government amended the General Conditions of Contract, adding a provision that arbitrators must give reasons when the claim exceeds …

SANGAMNER BHAG SAHAKARI KARKHANA LTD.versusMIS. KRUPP INDUSTRIES LTD.

2002 INSC 269Disposed off

The appellant, a cooperative sugar factory, entered into a contract with the respondent for the design and supply of machinery, which contained an arbitration clause. Disputes arising under the contract were referred to two arbitrators who awarded Rs. 151.97 lacs to the appellant. The civil judge, …

SULTAN MOHIYUDDIN AND ORS.versusBASHEER AHMED SHARIFF AND ORS.

2002 INSC 260Disposed off

The landlord appealed a High Court decision after eviction proceedings were started under the Karnataka Rent Control Act, 1961. While the case was pending, the Karnataka Rent Act, 1999 came into force, which exempts non‑residential premises larger than 14 square metres from its provisions. The …

NAGRIK UPBHOKTA M. MANCHversusUNION OF INDIA AND ORS.

2002 INSC 255Appeal(s) allowed

The Central Government issued the Kerosene (Restriction of Use and Fixation of Ceiling Price) Order, 1993 fixing a "declared price" that may include charges, rates, duties and taxes prescribed by the State. Madhya Pradesh’s Director and district Collectors fixed wholesale and retail kerosene rates …

MAHENDRA SAREE EMPORIUMversusG.V. SRINIVASA MURTHY

2002 INSC 252Disposed off

The landlord filed eviction proceedings against the tenant under Section 21 of the Karnataka Rent Control Act, 1961, and obtained a decree for possession. The tenant appealed to the Supreme Court under Article 136. While the appeal was pending, the Karnataka Rent Act, 1999 came into force, repealing …

RAKESH WADHAWAN AND ORS.versusM/S. JAGDAMBA INDUSTRIAL CORPORATION AND ORS.

2002 INSC 233Appeal(s) allowed

The landlord filed an eviction petition under the East Punjab Urban Rent Restriction Act, 1949, alleging the tenants defaulted on rent of Rs 2000 per month as stipulated in the lease. The tenants contended that the rent was actually Rs 1800 per month, a rate they had been directed to deposit during …

NARPAT SINGH ETC. ETC.versusJAIPUR DEVELOPMENT

2002 INSC 222Disposed off

The appellants' land was acquired under the Rajasthan Land Acquisition Act for a public development scheme, and the Land Acquisition Officer awarded them monetary compensation together with residential plots of 1,000 or 2,000 square yards. A tripartite settlement later reduced the compensation and …

ABDUL KADERversusG.D. GOVINDARAJ (D) BY LRS.

2002 INSC 230Dismissed

The tenant held premises under a lease that required payment of monthly rent of Rs 100 and, additionally, Rs 111 as half of the annual property tax. The tenant failed to pay rent for January‑March 1990 and the agreed tax for three years. After a two‑month notice demanding the arrears, the tenant …

SUSHIL KUMAR SABHARWALversusGURPREET SINGH AND ORS.

2002 INSC 220Appeal(s) allowed

The Supreme Court examined a landlord‑tenant suit where the landlord obtained an ex‑parte decree for rent arrears and eviction. The tenant contended that he never received a summons because the process server’s report was unreliable and he testified under oath that no summons was served. The Court …

VIJA Y KUMAR MADAN AND ORS.versusR.N. GUPTA TECHINCAL EDUCATION SOCIETY AND ORS.

2002 INSC 213Disposed off

The plaintiffs, owners of a leasehold premises in Gurgaon, sued the defendants for recovery of rent arrears and ejectment. The defendants failed to appear on the scheduled date, leading the trial court to proceed ex-parte and later set aside the ex-parte order under Order 9 Rule 7, imposing a …

RAMINDER SINGH SETHIversusD. VIJAYARANGAM

2002 INSC 211Dismissed

The landlord filed an eviction suit under clause (a) of Section 21(1) of the Karnataka Rent Control Act, 1961, alleging that the tenant was in arrears of rent. The tenant argued that the advance rent paid at the commencement of tenancy should be adjusted against the arrears, and that Section 18, …

KANNIAMMALversusCHELLARAM

2002 INSC 196Appeal(s) allowed

The landlady, who occupied a portion of a building for residential use, leased another portion to a tenant for non‑residential purposes. She sought eviction of the tenant under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming a bona‑fide need for the …

R.V.E. VENKATACHALA GOUNDERversusVENKATESHA GUPTA AND ORS.

2002 INSC 187Appeal(s) allowed

The appellant-landlord sought eviction of six commercial tenants under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish the existing 30‑year‑old building and erect a new double‑storeyed structure to augment his earnings. The …

OMBALIKA DAS AND ANR.versusHULISA SHAW

2002 INSC 180Dismissed

Two daughters of a retired engineer of the General Reserve Engineering Force filed an eviction suit against a tenant, invoking the special procedure under Section 29B of the West Bengal Premises Tenancy Act, 1956, on the ground that they were dependent on their father. The Kolkata High Court held …

GAUHATI HIGH COURT AND ANR.versusKULADHAR PHUKAN AND ANR.

2002 INSC 171Disposed off

Kuladhar Phukan, a judicial officer of the Assam Judicial Service, was appointed ad‑hoc as Deputy Secretary in the Assam Legal Service in 1986 after his application was forwarded by the High Court and his services were spared. He was later regularised and promoted in the Legal Service without any …

RAJA MUTHUKONE (D) BY LRS.versusT. GOPALASAMI AND ANR.

2002 INSC 167Appeal(s) allowed

The tenant failed to pay rent for June 1983 to November 1984 and the landlord served a notice under the Explanation to Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The tenant informed the landlord that the rent had been deposited in other court proceedings, but …

MANSOOR KHANversusMOTIRAM HAREBHAN KHARA T AND ANR.

2002 INSC 155Dismissed

The landlord filed an eviction suit in 1985 against the tenant of a shop in Risod, before the city was declared a municipality. In 1989 Risod was notified as a municipality, bringing the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 into force for the premises. The …

HARBHAJAN SINGHversusPRESS COUNCIL OF INDIA AND ORS.

2002 INSC 135Appeal(s) allowed

Harbhajan Singh, a former editor of the Indian Observer, had served two consecutive three‑year terms as a member of the Press Council of India (1982‑85 and 1985‑88). When the Federation sought to nominate him again for the seventh Council, the Press Council rejected his nomination, relying on …

SHEELA AND ORS.versusFIRM PRAHLAD RAI PREM PRAKASH

2002 INSC 116Disposed off

The case concerned a suit for eviction of a tenant (Sheela et al.) by a partnership firm claiming to be the landlord of a shop premises under the Madhya Pradesh Accommodation Control Act, 1961. The tenant contested the eviction, arguing that the firm was not the owner and that his written statement …

GENERAL MANAGER NORTHERN RAILWAYS AND ANR.versusSARVESH CHOPRA

2002 INSC 114Appeal(s) allowed

The appellant, General Manager Northern Railways, entered into a construction contract with the respondent, Sarvesh Chopra, which contained both General and Special Conditions. Disputes arose and the respondent filed a petition under Section 20 of the Arbitration Act, 1940 seeking arbitration of six …

SHIV DUIT JADIYAversusGANGA DEVI

2002 INSC 94Appeal(s) allowed

In the first suit, the tenant defaulted on rent but deposited the arrears in court under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, and the trial court denied eviction. The landlord appealed, withdrew the appeal, and meanwhile filed a second suit alleging a new …

MAM CHAND PALversusSMT. SHANTI AGARWAL

2002 INSC 82Appeal(s) allowed

The Supreme Court examined a dispute between tenant M.C. Pal and landlady Smt. Shanti Agarwal concerning eviction under the U.P. Urban Building (Regulation, Letting and Eviction) Act, 1972. The key question was the meaning of "date of first hearing" for the purpose of Section 20(4), which shields a …

J.J. LAL PVT. LTD. AND ORS.versusM.R. MURALI AND ANR.

2002 INSC 73Appeal(s) allowed

The landlords sought eviction of the tenants under Section 10(2)(vii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent and a denial of the landlords' title that was not bona‑fide. The tenants counter‑claimed that the municipal corporation, not the …

GURDIAL SINGH AND ORS.versusRAJ KUMAR ANEJA AND ORS.

2002 INSC 62Appeal(s) allowed

The owners of a commercial complex leased the premises to Goyal under a registered deed that expressly prohibited sub‑letting without the landlord’s written consent. Goyal subsequently allowed two occupants to occupy parts of the premises. The owners filed an eviction petition under Section …

RATAN LAL JAIN AND ORS.versusUMA SHANKAR VYAS AND ORS.

2002 INSC 57Dismissed

The plaintiffs, owners of a plot of land, leased it to the respondents who built a commercial complex and sub-let the shops. After the respondents defaulted on lease premium, the plaintiffs sued for arrears and eviction. The trial court decreed actual possession against the respondents and only …

KAILASH CHANDRA AND ANRversusMUKUNDI LAL AND ORS.

2002 INSC 49Appeal(s) allowed

The Municipal Board leased premises to the respondents, who sublet them to the appellants. After the lease expired, the Board demanded rent, and the appellants deposited the rent in court under Section 30(2) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, citing …

ABDUL RASAK AND ORS.versusKERALA WATER AUTHORITY AND ORS.

2002 INSC 50Disposed off

The State of Kerala acquired land for its Public Health Engineering Department under the Land Acquisition Act, 1894, and the Collector made a compensation award in 1986. Claimants sought enhancement of compensation before a civil court, which rendered awards between 1989 and 1991. In 1984 the Kerala …

PAUL GEORGEversusSTATE

2002 INSC 37Appeal(s) allowed

The appellant, Paul George, was convicted under Sections 279 and 304A of the IPC and sentenced to fine and imprisonment. He appealed, and the High Court dismissed his criminal revision under Section 397 of the CrPC by a non‑speaking order stating merely that no illegality, impropriety or …

P. PURUSHOTTAM REDDY AND ANR.versusM/S PRATAP STEELS LTD.

2002 INSC 38Appeal(s) allowed

The appellants (vendors) entered into a sale agreement with the respondent (buyer) for Rs.40.25 lakh, conditioning the sale on obtaining clearance under the Urban Land (Ceiling and Regulation) Act, 1976 by a stipulated date. When the clearance was not obtained, the vendors cancelled the agreement …

SHALINIversusKURUKSHETRA UNIVERSITY AND ANR.

2002 INSC 33Disposed off

Ms. S. Janani, a B.Sc. Home Science student, failed her April 2000 examination and applied for re‑evaluation within 20 days of the result but without the original detailed marks card (DMC). The university rejected the application, and after receiving the DMC on 6 Nov 2000 she re‑applied on 8 Nov …

OM PRAKASH GUPTAversusRANBIR B. GOYAL

2002 INSC 35Dismissed

The appellant, a tenant, was evicted by decree for non-payment of rent. He sought relief on the ground that a subsequent event – the Haryana Urban Development Authority's (HUDA) resumption proceedings against the landlord – had been set aside, claiming that this extinguished the landlord's title and …

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

2002 INSC 23Dismissed

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

VASHU DEOversusBAL KISHAN

2002 INSC 18Dismissed

The appellant, Vashu Deo, was a sub‑tenant of Bal Kishan who had leased a shop from the Sarvjanik Sampati Trust under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellant fell into rent arrears and Bal Kishan sued him for recovery of rent and eviction, while the Trust …

GANESH TRIVEDIversusSUNDAR DEVI AND ORS.

2002 INSC 20Dismissed

Ganesh Trivedi bought a residential premises in Kanpur from landlord Jagdamba Prasad Awasthi. The premises had been let to Suraj Prasad, who died in 1985 leaving his brother Deo Narain as the sole heir and occupant. Vikas Shukla applied to the Rent Controller to have the premises declared "deemed …

KEDARNATHversusMOHAN LAL KESAWARI AND ORS.

2002 INSC 16Appeal(s) allowed

The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor …

MADHUKAR D. SHENDEversusTARABAI ABA SHEDAGE

2002 INSC 14Appeal(s) allowed

The plaintiff, Madhukar D. Shende, claimed title to a suit property based on a registered will executed by the deceased Bhagubai in favour of her niece Chingubai, which was later transferred to the plaintiff. The defendant, Tarabai Abashedage, contested the will, alleging oral gift and adverse …

LIMBAJI AND OTHERSversusSTATE OF MAHARASHTRA

2001 INSC 611Case Partly allowed

The appellants Limbaji and two others were charged with murder and robbery of Baburao, whose ornaments were recovered after the accused, while in custody, pointed to their locations. The High Court had convicted them of both murder (Sec. 302 IPC) and robbery (Sec. 394 IPC) using the presumption …

FAKIR MOHD. (DEAD) BY LRS.versusSITA RAM

2001 INSC 602Dismissed

The tenant occupied a shop in the landlord's building and fell into arrears of rent, prompting the landlord to file an eviction suit under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant had previously deposited rent in court under Section 19A, and again …

LAXMIKANT V. PATELversusCHETANBHAI SHAH AND ANR.

2001 INSC 594Appeal(s) allowed

The plaintiff, who had been operating a colour lab and studio under the trade name "Muktajivan Colour Lab and Studio" since at least 1995, sued the defendants for passing off after they intended to use the same name for a similar business. The plaintiff sought a permanent injunction and an …

KAMALESHWAR KISHORE SINGHversusPARAS NATH SINGH AND ORS.

2001 INSC 579Appeal(s) allowed

Kamaleshwar Kishore Singh filed a partition suit valued at Rs 16 lakhs and paid a fixed court fee of Rs 29.25, assuming it was a simple partition case. Defendant No. 20 objected, leading the trial court to order payment of ad‑valorem court fee on 10% of the sale‑deed value of certain properties. The …

GANESH LALversusSTATE OF RAJASTHAN

2001 INSC 545Dismissed

The appellant Ganesh Lal was convicted for raping, murdering and stealing from an 11‑year‑old girl. The prosecution relied on a series of circumstantial facts: the recovery of the victim's silver ornaments (kuralias) and a blood‑stained axe at the accused's direction, possession of blood‑ and …

SMT. LAXMIversusOM PRAKASH AND ORS.

2001 INSC 282Dismissed

The case involved the death of Janak Kumari, who suffered extensive burn injuries and allegedly made five dying declarations implicating her husband, mother‑in‑law and sister‑in‑law. The trial court acquitted the accused, holding that none of the statements were reliable. On appeal, the Supreme …

RIZWAN AHMED JAVED SHAIKH AND ORS.versusJAMMAL PATEL AND ORS.

2001 INSC 281Dismissed

The appellants filed a complaint alleging that police officers, who had arrested and detained them, failed to produce them before a magistrate within 24 hours and beat them while in custody. The magistrate, relying on a Maharashtra Government notification under Section 197(3) of the CrPC, discharged …

MADHUKAR AND ORS.versusSANGRAM AND ORS.

2001 INSC 220Disposed off

The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant …

UGAR SUGAR WORKS LTD.versusDELHI ADMINIS1RATION AND ORS.

2001 INSC 163Case Allowed

Ugar Sugar Works Ltd., a manufacturer of Indian Made Foreign Liquor, challenged a Delhi Administration notification issued under the Punjab Excise Act, 1914 and Delhi Liquor Licence Rules, 1976 that imposed Minimum Sales Figures (MSF) as a condition for obtaining an L‑1 licence for the excise year …

RAJASTHAN HIGH COURT ADVOCATES ASSOCIATIONversusUNION OF INDIA AND ORS.

2000 INSC 606Dismissed

The President, under the States Reorganisation Act, 1956, established a permanent bench of the Rajasthan High Court at Jaipur and defined its territorial jurisdiction over eleven districts, while retaining a discretionary power to transfer cases to the principal seat at Jodhpur. The Acting Chief …

PRADYUT BORDOLOIversusSWAPAN ROY

2000 INSC 587Dismissed

Pradyut Bordoloi, a Clerk Grade‑I in Coal India Ltd., filed his nomination for the Margherita Legislative Assembly seat. A complaint alleged that his employment constituted an "office of profit" under the Government of India, invoking disqualification under Article 191(1)(a) of the Constitution and …

STATE OF ANDHRA PRADESHversusPOLAMALA RAJU @ RAJARAO

2000 INSC 387Appeal(s) allowed

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

GADNIS BHAWANI SHANKARversusFALEIRO EDUARDO MARTINHO

2000 INSC 365Dismissed

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

STATE OF ORISSAversusSUDHAKAR DAS (DEAD) BY LRS.

2000 INSC 94Disposed off

The State of Orissa appealed a decree based on an arbitration award made against the estate of the late Sudhakar Das. The arbitration agreement lacked an escalation clause, and the arbitrator had awarded escalation charges, pendente‑lite interest, and interest for the pre‑reference period. The …

RAMJI PATEL AND ORS.versusNAGRLK UPBHOKTA MARG DARSHAK MANCH AND ORS.

2000 INSC 84

The Supreme Court heard Special Leave Petitions filed by dairy owners (including Ramji Patel) who had set up dairies in the villages of Lalpur and Gwarighat, which were earlier listed as "excepted villages" under the Madhya Pradesh Cattle (Control) Act, 1978. The petitioners argued that a municipal …

MOHD. ABUBAKKAR SIDDIQUEversusMUSTAFA SHAHIDUL ISLAM AND ORS.

2000 INSC 22Appeal(s) allowed

Mohammed Idris Ali filed an election petition challenging the 1996 election of Mustafa Shahidul Islam to the Assam Legislative Assembly. He later applied to withdraw the petition under Section 109 of the Representation of the People Act, 1951, and the withdrawal notice was published in the Official …

M/S COROMANDAL FERTILISERS LTD.versusCOLLECTOR OF CUSTOMS

1999 INSC 559Appeal(s) allowed

Mis Coromandal Fertilisers Ltd imported rock phosphate and sulphur and was responsible for unloading the cargo at its own wharf in Visakhapatnam. Customs assessed landing charges at 1.4% of the CIF value of the goods and the Assistant Collector additionally levied stevedoring charges, arguing they …

M/S. BHOR INDUSTRIES LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY

1999 INSC 488Appeal(s) allowed

The appellant, a manufacturer of laminated textile fabrics, sought classification of its waste side strips and scrap (referred to as "foam patty") as non‑excisable items under Chapter 59 of the Customs Tariff Act. The Assistant Collector and the Appellate Authority classified the material as …

DENTAL COUNCIL OF INDIA AND ANR. ETC.versusDR. H.R. PREM SACHDEVA AND ORS. ETC.

1999 INSC 478Disposed off

The Supreme Court examined the provisions of the Dentist Act, 1948 and the Dental Council (Election) Regulations, 1952 to determine the permissible duration of a Dental Council member's term when elections are not held within the prescribed five‑year period. Section 6(1) states that a member holds …

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

1999 INSC 411Disposed off

Petitioners filed a writ petition under Article 32 challenging the Uttar Pradesh Government's failure to act on the Parekh Commission Report on the 1982 Meerut riots, which had been submitted in 1988. The State Cabinet eventually decided to table the report, not take any further action, and consign …

KERALA STATE ELECTRICITY BOARD AND ANR.versusVALSALA K. AND ANR. ETC. ETC.

1999 INSC 412Dismissed

The Supreme Court considered whether the 1995 amendment to Sections 4 and 4A of the Workmen's Compensation Act, 1923, which increased compensation amounts and interest rates, applied to claims arising from accidents that occurred before the amendment’s effective date of 15 September 1995. Relying on …

PADMASINGHJI BAJIRAO PATIL AND ORS. ETC. ETC.versusSTATE OF MAHARASHTRA AND ORS.

1999 INSC 413Dismissed

Padmasinhji Bajirao Patil and others challenged the constitutional validity of Section 144‑T of the Maharashtra Co‑operative Societies Act, 1960, which makes the order of the Commissioner or a specified officer in election disputes final and conclusive with no provision for appeal or revision. 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 …

MOHD. ALIversusAZAD MOHD.

1999 INSC 374Dismissed

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not …

STATE OF RAJASTHAN AND ANR.versusM/S. MAHAVEER OIL INDUSTRIES AND ORS.

1999 INSC 196Disposed off

The State of Rajasthan, under the Rajasthan Sales Tax Act, 1954, issued an incentive scheme in 1987 exempting new industrial units, including oil extraction and manufacturing, from sales tax. In 1990 the State withdrew this exemption for oil industries by a notification issued under both the …

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 …

STATE OF U.P.versusRANJIT SINGH

1999 INSC 72Appeal(s) allowed

Ranjit Singh, a stenographer of a High Court judge, forged a bail order that was never signed by the judge to obtain bail for an accused. He was convicted under IPC Sections 466 and 468 for making a false document and for forgery of a court record, while the Sessions Court granted him probation …

M/S SARDAR CONSTRUCTION CO.versusSTATE OF GUJARAT

1999 INSC 23Dismissed

Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act …

BHARAT BHUSHAN BANSALversusU.P. SMALL INDUSTRIES CORPORATION LTD., KANPUR

1999 INSC 18Dismissed

The appellant entered into a construction contract with the respondent that contained clauses making the decisions of the Executive Engineer and the Managing Director final and binding on the parties. Disputes arose over payments and work, and the appellant sought appointment of an arbitrator under …

V.C. PERUMALversusTHE UNION OF INDIA AND ORS.

1999 INSC 14Dismissed

V.C. Perumal, a directly recruited police officer, challenged the year his name was placed on the select list for promotion to the Indian Police Service, arguing it should have been in the 1977 list rather than the 1978 list. The Court examined Regulation 5 of the IPS (Appointment by Promotion) …

UTKAL COMMERCIAL CORPORATIONversusCENTRAL COAL FIELDS LTD

1999 INSC 15Appeal(s) allowed

Utkal Commercial Corporation entered into a contract with Central Coal Fields Ltd to supply alumina ferric, which expired in August 1975. A dispute arose and the appellant served a notice on 12 September 1976 demanding the respondent concur in the appointment of an arbitrator under Section 8 of the …

STATE OF ORISSAversusSHRI B.K. ROUTRAY

1999 INSC 8Appeal(s) allowed

The State of Orissa appealed an arbitral award that granted interest for the pre‑reference period of 31‑Mar‑1977 to 20‑Mar‑1980, a period that preceded the commencement of the Interest Act, 1978. The award was made on 12‑Oct‑1982, after the Act had come into force, raising the question whether the …

UTKAL UNIVERSITY ETC.versusDR. NRUSINGHA CHARAN SARANGI AND ORS.

1999 INSC 2Appeal(s) allowed

Utkal University advertised a Reader position in Oriya and formed a selection committee that recommended Dr. Surendranath Dash, who was appointed. Unsuccessful candidate Dr. Nrusingha Charan Sarangi filed a writ challenging the selection on three grounds: the D.Litt degree he obtained after the …