HUSSAINBHAI ALLARAKHBHAI DARIAYA & ORS.versusSTATE OF GUJARAT & ORS.
2010 INSC 55831 August 2010Dismissed
The Samast Sunni Muslim Jamat filed a suit seeking ownership of land, which was partially decreed by the trial court. The Jamat filed an appeal, but withdrew it through a pursis citing a compromise agreement that was actually between two community groups, not the parties to the suit. The first appellate court disposed …
GRID CORPORATION OF ORISSA LTD. AND ORS.versusEASTERN METALS AND FERRO ALLOYS AND ORS.
2010 INSC 56231 August 2010Appeal(s) allowed
The Supreme Court examined the meaning of clause 9.1 in the provisional electricity licence granted under the Orissa Electricity Reform Act, 1995, which stipulated that "charges made by the licencee shall not exceed on average 117% of those permitted under the interim tariffs". The issue was whether the 17% ceiling app…
JAMES JOSEPHversusSTATE OF KERALA
2010 INSC 56431 August 2010Dismissed
The State of Kerala issued a notification to declare certain lands as revenue forest, which the appellant's predecessor claimed title to. The Forest Settlement Officer rejected the claim, but the Additional District Judge allowed it on appeal under Section 11 of the Kerala Forest Act. The State appealed to the High Cou…
C.S. MANI (DECEASED) BY LR C.S. DHANAPALANversusB. CHINNASAMY NAIDU (DECEASED) BY LRS.
2010 INSC 56531 August 2010Appeal(s) allowed
The appellant obtained a money decree against Mokshammal, an agriculturist, and had his property attached on 29‑12‑1974. The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (Debt Relief Act) came into force on 10‑1‑1975, and under its Section 4 the execution against agriculturists was stayed; the execut…
STATE OF PUNJABversusDR. P.L. SINGLA
2008 INSC 88531 July 2008Case Allowed
Dr. P.L. Singla, a doctor employed by the State of Punjab, was found guilty of unauthorized absence from 1 June 1992 to 17 October 1997 and was punished by withholding five increments with cumulative effect. The Governor later granted him extraordinary leave for the same period, which the lower courts treated as condon…
THE GENERAL MANAGER, OIL & NATURAL GAS CORPORATION LTD.versusRAMESHBHAI JIVANBHAI PATEL & ANR.
2008 INSC 88631 July 2008Case Partly allowed
The General Manager of ONGC appealed against the compensation awarded to landowners for the acquisition of 13.78 hectares in rural Gujarat. The Special Land Acquisition Officer had fixed a market price of Rs 2.10 per sq.m., while the owners claimed Rs 30 per sq.m. The Reference Court, using two earlier awards of Rs 10 …
RAJESH KUMAR SINGHversusHIGH COURT OF JUDICATURE OF MADHYA PRADESH, BENCH GWALIOR
2007 INSC 67431 May 2007Appeal(s) allowed
A Judicial Magistrate complained that a police officer had used unwarranted language in his courtroom and sent the complaint to the Inspector General of Police, who directed a departmental inquiry. The Sub‑Divisional Police Officer (the appellant) conducted the inquiry, recorded statements of several witnesses and subm…
DALCO ENGINEERING PRIVATE LTD.versusSHREE SATISH PRABHAKAR PADHYE AND ORS.
2010 INSC 18331 March 2010
The case concerned two writ petitions challenging the termination of a disabled employee by a private limited company and the termination of a contract with a public trust. Both petitioners sought relief under section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)…
RAJENDRA AGRICULTURAL UNIVERSITYversusASHOK KUMAR PRASAD AND ORS.
2009 INSC 126330 November 2009Appeal(s) allowed
The Rajendra Agricultural University framed a statute for a time‑bound promotion scheme for its teachers, which the Chancellor assented to under Section 36(2) of the Bihar Agricultural Universities Act, 1987, but the statute was never published in the Official Gazette. The Chancellor later withdrew his assent, declarin…
URBAN IMPROVEMENT TRUST, BIKANERversusMOHAN LAL
2009 INSC 120930 October 2009Dismissed
The Bikaner Urban Improvement Trust (UIT) allotted plot A‑303 to Mohan Lal in 1991, but in 1998 laid a road through the plot without notice or acquisition proceedings. After the Trust ignored his complaints, Lal filed a consumer complaint in 2005 seeking restoration of the plot or an alternative site with compensation.…
VIJAY DHANJI CHAUDHARYversusSUHAS JAYANT NATAWADKAR
2009 INSC 120830 October 2009Hearing Adjourned
The Supreme Court examined an application for restoration of a Special Leave Petition that had been dismissed for non‑prosecution. The petition was drafted by Advocate Vikas Mahajan and filed by Advocate‑on‑Record D.B. Vohra, who merely lent his name and did not take any responsibility for the case, including failing t…
DNYANESHWAR RANGANATH BHANDARE & ANR.versusSADHU DADU SHETTIGAR (SHETTY) & ANR.
2011 INSC 73030 September 2011Appeal(s) allowed
The appellants, sons of a deceased property owner, claimed ownership of two rooms and alleged that the respondents were merely gratuitous licencees, while the respondents asserted they were tenants paying rent since 1982. The trial court found the respondents were licencees and granted possession to the appellants; the…
SAJI GEEVARGHESEversusACCOUNTS OFFICER (TELEPHONE REVENUE) & ORS.
2008 INSC 110630 September 2008Appeal(s) allowed
The appellant, a telephone subscriber, challenged three telephone bills that he alleged were excessive due to meter reading errors. The dispute was referred to statutory arbitration under Section 78 of the Telegraph Act, 1885, where the arbitrator allowed a modest rebate on only one bill and upheld the others. The appe…
GHUREY LALversusSTATE OF U.P.
2008 INSC 87730 July 2008Appeal(s) allowed
Ghurey Lal was tried for murder under IPC s.302 and related offences. The trial court acquitted him, finding that the prosecution's version of a single shot causing both a bullet wound to the deceased and pellet injuries to a witness was implausible, based on medical and ballistic expert testimony that two different fi…
STATE OF GUJARAT AND ANR.versusSHAILESHBHAI MANSUKHLAL SHAH AND ANR.
2007 INSC 67230 May 2007Case Allowed
The State of Gujarat prosecuted Shaileshbhai Mansukhlal Shah and another under Sections 7(i) and (v) of the Prevention of Food Adulteration Act, 1954. The accused, dissatisfied with the public analyst's report, invoked Section 13(2) to obtain a second analysis of the food sample by the Central Food Laboratory. The tria…
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIAversusSUBODH SINGH & ORS.
2011 INSC 23930 March 2011Appeal(s) allowed
The Dedicated Freight Corridor Corporation acquired land for a special railway project under the Railways Act, 1989. After a gazette notification of acquisition on 16‑Dec‑2008, a public notice was published in newspapers on 20‑Feb‑2009 and the compensation award was made on 8‑Feb‑2010. The landowner challenged the awar…
K.K. VELUSAMYversusN. PALANISAMY
2011 INSC 24330 March 2011Case Partly allowed
The appellant, K.K. Velusamy, filed a suit for specific performance of a sale agreement, which he claimed was merely a security for a loan. After the evidence was closed, he sought to reopen the evidence and recall two witnesses to cross‑examine them about admissions recorded on a compact disc, alleging that the record…
UNION OF INDIAversusGLAXO INDIA LTD. & ANR.
2011 INSC 24430 March 2011Appeal(s) allowed
Glaxo India Ltd. manufactured three bulk drugs and their formulations. The Central Government fixed maximum prices for these drugs by notifications dated 12‑May‑1981, 20‑Nov‑1986 and 2‑Jan‑1989, the latter superseding the earlier ones. The Government later demanded that Glaxo deposit Rs 71.21 crore into the Drug Prices…
NAIR SERVICE SOCIETYversusDR. T. BEERMASTHAN & ORS.
2009 INSC 42430 March 2009Appeal(s) allowed
The Supreme Court examined the Kerala State & Subordinate Services Rules, 1958 (Rules 14‑17) to determine how reservation should be applied in appointments of Medical Officers (ISM). The Kerala High Court had read a proviso into Rule 14(a), treating the unit of appointment as the total number of vacancies when they exc…
SURENDRA KUMAR BHATIAversusKANHAIYA LAL & ORS.
2009 INSC 8830 January 2009Case Partly allowed
The case arose from a dispute over land acquired for a housing scheme where owners and power‑of‑attorney holders allegedly colluded with a Special Officer of the Rajasthan Housing Board to obtain allotment pattas fraudulently. An FIR was lodged under sections 420, 467, 468 and 471 IPC. The respondents (owners/attorney …
SECRETARY, BHUBANESWAR DEVELOPMENT AUTHORITYversusSUSANTA KUMAR MISHRA
2009 INSC 8730 January 2009Appeal(s) allowed
The Bhubaneswar Development Authority (BDA) allotted a MIG house to Susanta Kumar Mishra under a lease‑cum‑sale agreement dated 6‑May‑1991, which required quarterly instalments to be paid from 1‑Sept‑1989 and stipulated interest of 15% per annum on any defaulted instalment. Mishra began paying instalments only from Jun…
K. MANORAMAversusUNION OF INDIA REP. BY GENL. MANAGER SOUTHERN RAILWAY & ORS.
2010 INSC 65829 September 2010Dismissed
The appellant, a Scheduled Caste (SC) Chief Law Assistant in Southern Railways, challenged the promotion of a fellow SC candidate (Respondent No.3) to Assistant Law Officer, arguing that the SC candidate was selected on merit and therefore should not occupy the reserved seat, which should have gone to the appellant. Th…
AMARJIT SINGH & ORS.versusSTATE OF PUNJAB & ORS.
2010 INSC 65629 September 2010Dismissed
The case concerned the expansion of the SAS (Nagar) Mohali township, where land for sectors 81, 88 and 89 was acquired under the Land Acquisition Act, 1894. The State of Punjab invoked Section 178(2) of the Punjab Regional and Town Planning and Development Act, 1995 to exempt the acquired land from the provisions of Se…
KUNNASHADA MUTHUKOYAversusADMINISTRATOR U.T. OF LAKSHADWEEP AND ANR.
2008 INSC 99629 August 2008Dismissed
The appellant, a lineman in the Lakshadweep Electricity Department, claimed a higher pay scale after the Fourth Pay Commission because his post was classified as Group C. The Central Administrative Tribunal had granted his claim, but the High Court set it aside, relying on Union of India v. P.V. Hariharan. The appellan…
RANJANA PRAKASH AND ORS.versusDIVISIONAL MANAGER AND ANR.
2011 INSC 52729 July 2011Appeal(s) allowed
The deceased, a 46‑year‑old bank manager earning Rs.23,134 per month, died in a motor accident. The Motor Accident Claims Tribunal awarded compensation of Rs.24,12,936 with interest. The insurer appealed, and the High Court reduced the award by 30% on the ground of income‑tax deduction, bringing it down to Rs.16,89,055…
T. C. THANGARAJversusV. ENGAMMAL & ORS.
2011 INSC 52929 July 2011Appeal(s) allowed
The complainant alleged that a police inspector, his wife, and an associate defrauded her of Rs.3 lakh in a loan transaction and that the investigation was halted after the money was returned. She filed a petition under Section 482 of the CrPC seeking to have the case investigated by the CBI, arguing that the presence …
DEUTSCHE POST BANK HOME FINANCE LTD.versusTADURI SRIDHAR AND ANR.
2011 INSC 23629 March 2011Appeal(s) allowed
The first respondent bought an unfinished apartment and contracted the developer to complete it, invoking an arbitration clause in their construction agreement dated 21‑02‑2008. The respondent also had a separate loan agreement with the appellant bank, which contained its own arbitration clause. When the developer fail…
SUHRID SINGH @ SARDOOL SINGHversusRANDHIR SINGH & ORS.
2010 INSC 18029 March 2010Appeal(s) allowed
Suhrid Singh filed a suit seeking a declaration that certain sale deeds were void as they did not bind the co‑parcenary, along with joint possession and injunction relief. The trial court held that the suit sought cancellation of the deeds and required ad‑valorem court fee based on the sale consideration, a view affirm…
HARIDWAR DEVELOPMENT AUTHORITYversusRAGHUBIR SINGH
2010 INSC 6829 January 2010Disposed off
The Haridwar Development Authority acquired about 38.6 bighas of contiguous village land for a housing colony. The Collector awarded compensation using a three‑belt method with varying rates, which the Reference Court reduced to two belts, and the High Court further replaced with a uniform rate of Rs.26.25 per sq.ft. T…
STATE OF HARYANA & ORS.versusS. L. ARORA & COMPANY
2010 INSC 6929 January 2010Appeal(s) allowed
The State of Haryana awarded a construction contract to S.L. Arora & Co., which was completed late, leading to arbitration. The arbitrator awarded Rs 14.94 lakh with 12% simple interest from 19‑Dec‑1990 to the award date and future interest of 18% per annum on the "total amount of award" if not paid within 30 days. The…
SOHAM MAYANKKUMAR VYAS AND ORS.versusUNION OF INDIA AND ORS.
2010 INSC 65428 September 2010Case Partly allowed
The Supreme Court examined whether a Government of India notification dated 6 March 2009, which placed the Bachelor of Dental Surgery (BOS) degrees awarded to Indian students of Mauras College of Dentistry, Mauritius in Part III of the Dentists Act schedule, was valid. Mauras College, though located abroad, was affilia…
SHEELKUMAR JAINversusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS.
2011 INSC 52428 July 2011Appeal(s) allowed
Sheelkumar Jain, an employee of New India Assurance (formerly Liberty Insurance), served for over 20 years and in September 1991 gave a three‑month notice to leave service, which was accepted in December 1991. After the General Insurance (Employees') Pension Scheme, 1995 was introduced, he applied to opt for pension, b…
THE GREATER HYDERABAD MUNICIPAL CORPORATIONversusM. PRABHAKAR RAO
2011 INSC 52528 July 2011Appeal(s) allowed
The respondent, a bill collector in the Greater Hyderabad Municipal Corporation, was suspended in 1997 on allegations of accepting a bribe. He was later acquitted in the criminal trial because the complainant turned hostile and the prosecution failed to prove the gratuity was illegal. The competent authority, after re‑…
ANAND SINGH & ANR.versusSTATE OF UTTAR PRADESH & ORS.
2010 INSC 44328 July 2010Dismissed
The Gorakhpur Development Authority (GOA) sought to acquire land for a residential colony and, under the Land Acquisition Act, 1894, invoked the urgency clause of Section 17(4) to dispense with the mandatory Section 5A enquiry. The appellants, land owners, challenged the validity of this dispensation, arguing that no m…
M/S. SUMITOMO HEAVY INDUSTRIES LIMITEDversusOIL & NATURAL GAS COMPANY
2010 INSC 44428 July 2010Appeal(s) allowed
The appellant, Sumitomo Heavy Industries, entered into a turn‑key offshore platform contract with the respondent, ONGC, which contained a clause (17.3) obligating the respondent to compensate the contractor for any necessary and reasonable extra cost caused by a change in Indian law after the bid closing date. After th…
THE GENERAL MANAGER (P) PUNJAB & SINO BANK & ORS.versusDAYA SINGH
2010 INSC 44928 July 2010Appeal(s) allowed
The General Manager of Punjab & Sind Bank dismissed a branch manager, Daya Singh, for sanctioning loans against fictitious fixed deposits, absconding from his post, and acting as guarantor without permission. The bank’s departmental inquiry, based on documentary evidence and the manager’s own handwriting, found the mis…
M/S. J.G. ENGINEERS PVT. LTD.versusUNION OF INDIA AND ANR.
2011 INSC 33828 April 2011Appeal(s) allowed
The Government awarded a works contract for the extension of Guwahati airport terminal to J.G. Engineers, which was later terminated for alleged slow progress. The parties referred their dispute to arbitration as per the contract, and the sole arbitrator awarded the contractor a sum of Rs.1.04 crore, rejecting the resp…
THE ADMINISTRATOR UNION TERRITORY OF DADAR & NAGAR HAVELIversusGULABHIA M. LAD
2010 INSC 24828 April 2010Appeal(s) allowed
The Administrator (Union Territory of Dadar & Nagar Haveli) removed Gulabhia M. Lad, a Land Reforms Officer, from service for illegally granting occupancy rights, while two subordinate officers involved in the same incident received lesser penalties after departmental appeals. Lad challenged the removal before the Cent…
AMAL KUMAR GHOSH & ORS.versusBASANTA KUMAR ALMAL
2010 INSC 24928 April 2010Appeal(s) allowed
The first respondent filed a suit for specific performance which was settled by a decree that appointed a court‑appointed receiver to hold the balance sale consideration of Rs.6,00,000. The appellants instructed the receiver to pay Rs.3,00,000 to Park Services Pvt. Ltd. for statutory liabilities and to release the rema…
STATE OF HIMACHAL PRADESHversusUNION OF INDIA & ORS.
2011 INSC 71727 September 2011Hearing Adjourned
The State of Himachal Pradesh sued the Union of India and five other parties seeking its share of electricity generated by the Bhakra‑Nangal and Beas hydro‑electric projects, claiming entitlement based on the submergence of its territory and the Punjab Reorganisation Act, 1966. The Court examined whether the suit was b…
SMT. HAR DEVI ASNANIversusSTATE OF RAJASTHAN & OTHERS
2011 INSC 71827 September 2011Disposed off
The appellant, Har Devi Asnani, purchased a residential plot for Rs 18 lakh and paid stamp duty of Rs 1,17,000, but the Sub‑Registrar re‑valued the land at Rs 2,58,44,260, leading the Additional Collector to demand a deficit stamp duty of Rs 15,70,000. The appellant challenged the demand in the High Court, which dismis…
ULTRA TECH CEMENT LTD.versusSTATE OF MAHARASHTRA & ANR.
2011 INSC 71527 September 2011Appeal(s) allowed
Ultra Tech Cement Ltd., the lessee of a limestone mining lease granted by the Government of Maharashtra on 12‑Feb‑1980, challenged demand notices for Zilla Parishad (ZP) cess and Gram Panchayat (GP) cess for the years 1987‑1992. The appellant argued that Section 151(1) of the Maharashtra Zilla Parishads and Panchayat S…
ALKA GUPTAversusNARENDER KUMAR GUPTA
2010 INSC 65127 September 2010Appeal(s) allowed
Alka Gupta filed a second suit for accounts of a dissolved partnership, after having earlier obtained a decree for the balance price under a sale agreement with Narender Kumar Gupta. The Delhi High Court dismissed the second suit, holding it barred by Order 2 Rule 2 of the CPC, by constructive res judicata, and on the …
FIZA DEVELOPERS & INTER-TRADE P. LTD.versusAMCI (I) PVT. LTD. & ANR.
2009 INSC 94627 July 2009Dismissed
Fiza Developers & Inter‑Trade Ltd. challenged an arbitral award of Rs 57.6 crore by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, seeking its setting aside. The respondent filed a written statement and the appellant moved the City Civil Court to frame issues under Order 14 Rule 1…
PUNJAB ROADWAYS MOGA THROUGH ITS GENERAL MANAGERversusPUNJA SAHIB BUS AND TRANSPORT CO. AND ORS.
2010 INSC 24427 April 2010Disposed off
The Punjab Roadways, Moga challenged High Court orders that directed the State Transport Authority to grant regular stage‑carriage permits to private operators on routes where State Transport Undertakings (STUs) had either not utilized or had surrendered their permits. The dispute centered on the interpretation of the …
INDOWIND ENERGY LTD.versusWESCARE (I) LTD. AND ANR.
2010 INSC 24627 April 2010Appeal(s) allowed
Wescare (I) Ltd. entered into a sale agreement on 24‑Feb‑2006 with Subuthi Finance Ltd., which contained an arbitration clause. Indowind Energy Ltd., promoted by Subuthi, was not a signatory to the agreement and its board had not approved it. Wescare filed a petition under Section 11(6) of the Arbitration and Conciliat…
STATE OF U.P. & ORS.versusJASVIR SINGH & ORS.
2010 INSC 82626 November 2010Appeal(s) allowed
The Supreme Court examined a writ petition filed by landowners challenging the acquisition of their lands under the 1981 notifications of the Land Acquisition Act, 1894, and seeking fresh notifications and higher compensation. The High Court had repeatedly summoned senior state officials—Principal Secretaries of Public…
NALLAPATI SIVAIAHversusSUB-DIVISIONAL OFFICER, GUNTUR, A.P.
2007 INSC 97826 September 2007Appeal(s) allowed
The appellant Nallapati Sivaiah was convicted of murder under s.302 IPC based solely on two dying declarations recorded by a police inspector and a magistrate after the victim sustained 63 injuries. The trial and High Courts upheld the conviction, but the Supreme Court examined the credibility of the dying declarations…
STATE OF HIMACHAL PRADESH & ANR.versusM/S. HIMACHAL TECHNO ENGINEERS & ANR.
2010 INSC 42926 July 2010Appeal(s) allowed
The State of Himachal Pradesh entered into a construction contract and, after a dispute over extra work payment, the matter was referred to arbitration. The arbitrator issued an award on 5 November 2007, which was physically delivered to the office on 10 November (a holiday) but actually received by the Executive Engin…
AFCONS INFRASTRUCTURE LTD. AND ANR.versusCHERIAN VARKEY CONSTRUCTION CQ. (P) LTD. AND ORS.
2010 INSC 43126 July 2010Appeal(s) allowed
The Supreme Court examined a suit where the plaintiff sought recovery and the trial court, after an application under Section 89 of the CPC, formulated issues and referred the matter to arbitration despite the defendants' refusal. The Court held that Section 89 requires a preliminary hearing after pleadings, a summary …
M/S SHANKAR FINANCE AND INVESTMENTSversusSTATE OF ANDHRA PRADESH & ORS.
2008 INSC 76326 June 2008Case Allowed
The appellant, Mis Shankar Finance & Investments, a sole proprietary concern, filed a criminal complaint under section 138 of the Negotiable Instruments Act alleging a dishonoured cheque. The complaint was signed by the proprietor’s attorney‑in‑fact under a power of attorney, and the High Court held it non‑maintainable…
CONSUMER ONLINE FOUNDATIONversusUNION OF INDIA & ORS.
2011 INSC 33626 April 2011Appeal(s) allowed
The Supreme Court examined whether Delhi International Airport Ltd (DIAL) and Mumbai International Airport Ltd (MIAL) could levy development fees on embarking passengers under Section 22A of the Airports Authority of India Act, 1994, based on letters of approval from the Central Government. The petitioners argued that …
SPECIAL LAND ACQUISITION OFFICERversusKARIGOWDA & ORS.
2010 INSC 24226 April 2010Case Partly allowed
The Supreme Court examined the compensation awarded for land compulsorily acquired for the Hemavathi Dam project, where claimants cultivated mulberry for sericulture. The lower courts had enhanced compensation by treating silk cocoons as an agricultural product and using a capitalization method, also granting interest …
THE MANAGING DIRECTOR, HASSAN CO-OPERATIVE MILK PRODUCERS SOCIETY UNION LIMITEDversusTHE ASSISTANT REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION
2010 INSC 24326 April 2010Appeal(s) allowed
The Supreme Court examined whether two cooperative milk producer societies were liable to pay Employees' State Insurance (ESI) contributions for workers employed by contractors to transport milk. The societies argued that the contractors' workers were neither directly employed by them nor worked on their premises or un…
BHAGWAN DAS & ORS. ETC.versusSTATE OF UP & ORS.
2010 INSC 12726 February 2010Appeal(s) allowed
The appellants' land was acquired for a market yard and an award was made by the Land Acquisition Collector on 14 March 2007, but they were not served notice of the award until 25 October 2007 and only became aware of its contents on 16 November 2007. They filed an application under Section 18 of the Land Acquisition A…
UNION OF INDIAversusM/S. SINGH BUILDERS SYNDICATE
2009 INSC 27026 February 2009Dismissed
The Union of India (Northern Railways) entered into a construction contract with Mis. Singh Builders Syndicate which contained Clause 64 requiring two serving Gazetted Railway officers as arbitrators who would appoint an umpire. The builder invoked arbitration in 1999, but repeated transfers and resignations of the app…
NATIONAL INSURANCE COMPANY LTD.versusMEGHJI NARAN SORATIYA & ORS.
2009 INSC 27126 February 2009Appeal(s) allowed
The insurer, National Insurance Company Ltd., appealed against the Gujarat High Court's dismissal of its challenges to Motor Accident Claims Tribunal awards, contending that the Tribunal had granted permission to contest the claims under Section 170 of the Motor Vehicles Act, 1988 without recording reasons. The Supreme…
U.P. PUBLIC SERVICE COMMISSIONversusSATYA NARAYAN SHEOHARE & ORS
2009 INSC 26926 February 2009Disposed off
The Uttar Pradesh Public Service Commission advertised for Civil Judge (Junior Division) posts in March 2000, and two candidates applied as general category candidates. Before the written examination began, the State Government amended the First Schedule of the U.P. Public Services (Reservation for Scheduled Castes, Sc…
UNION OF INDIAversusPARMAL SINGH & ORS.
2008 INSC 134925 November 2008Dismissed
The lands of Parmal Singh and others were requisitioned by the Central Government in 1963 under the Defence of India Act, 1962 and subsequently acquired in 1965. The Special Land Acquisition Officer fixed compensation, which the owners contested, leading to arbitration awards that included interest. The Allahabad High …
MANOJ & ANR.versusSTATE OF MADHYA PRADESH
2008 INSC 109025 September 2008Disposed off
Manoj and Bijendra Singh, along with Ram Avatar, were convicted for voluntarily causing hurt with dangerous weapons under Section 324 IPC (originally under Section 307 IPC). The High Court altered the conviction to Section 324 IPC. The appellants sought to compound the offence with the complainant, Bahadur Singh, throu…
STATE OF RAJASTHAN & ORS.versusSANYAM LODHA
2011 INSC 61125 August 2011Appeal(s) allowed
The respondent, a legislator and social activist, filed a writ petition alleging that the Rajasthan Chief Minister's Relief Fund was being distributed arbitrarily and discriminatorily among minor rape victims, seeking a uniform grant of Rs.5 lakh to each victim. The High Court ordered that Rule 5 of the Relief Fund Rul…
BHARAT RASIKLAL ASHRAversusGAUTAM RASIKLAL ASHRA & ANR.
2011 INSC 61225 August 2011Appeal(s) allowed
The dispute arose between two brothers over the validity of partnership deeds executed after their grandfather's death, with the elder brother alleging that the later deeds of 1991 and 2000 were forged. The younger brother filed an application under section 11 of the Arbitration and Conciliation Act, 1996, seeking appo…
PUNJAB AGRO INDUSTRIES CORPN. LTD.versusKEWAL SINGH DHILLON
2008 INSC 96925 August 2008Appeal(s) allowed
B.C. DEV A@ DYAVAversusSTATE OF KARNATAKA
2007 INSC 78125 July 2007Dismissed
The appellant, B.C. Deva, was convicted by the Sessions Court and the Karnataka High Court for forcible sexual assault under Section 376 of the Indian Penal Code, based primarily on the oral testimony of the prosecutrix and corroboration by her parents and independent witnesses. The appellant appealed to the Supreme Co…
MIDNAPORE PEOPLES' CO-OP. BANK LTD. AND ORS.versusCHUNILAL NANDA AND ORS.
2006 INSC 36725 May 2006Disposed off
The employee Chunilal Nanda was suspended by Midnapore Peoples' Co‑op. Bank Ltd. and challenged the suspension through multiple writ petitions. The High Court, in contempt proceedings, ordered his reinstatement, payment of arrears and the revocation of his suspension, and also directed the removal of the appointed Enqu…
U.P. AVAS EVAM VIKAS PARISHADversusSHEO NARAIN KUSHWAHA & ORS.
2011 INSC 32925 April 2011Appeal(s) allowed
The appellant, U.P. Avas Evam Vikas Parishad, sought to acquire land belonging to the respondents and challenged the Reference Court's award of Rs.1,10,250 per bigha as compensation, up from Rs.10,250 per bigha. The Allahabad High Court dismissed the appeal summarily without reasons, invoking Order 41 Rule 11 of the CP…
ANATHULA SUDHAKARversusP. BUCHI REDDY (DEAD) BY LRS. & ORS.
2008 INSC 39525 March 2008Appeal(s) allowed
The plaintiffs filed a suit for a permanent injunction to restrain the defendant from interfering with their possession of two vacant plots, claiming ownership based on sale deeds from a vendor. The defendant contested the title, asserting purchase from the original owner and denying an alleged oral gift to the plainti…
NEW INDIA ASSURANCE CO. LTD.versusRAGHUVIR SINGH NARANG & ANR.
2010 INSC 12225 February 2010Appeal(s) allowed
The Supreme Court examined whether Development Officers of New India Assurance who exercised the Special Voluntary Retirement Package (SVRP) under the 2003 Amendment Scheme could withdraw their option before the employer’s acceptance. The Court held that the SVRP is part of a statutory scheme framed under Section 17A o…
STATE OF HARYANA & ORS.versusBALDEV SPINNERS PVT. LTD. & ORS.
2009 INSC 25525 February 2009Appeal(s) allowed
The State of Haryana sought to withdraw an eligibility certificate granted to Baldev Spinners Pvt. Ltd. under Rule 28A of the Haryana General Sales Tax Rules, 1975, on the ground that the applicant failed to produce a NOC/CLU certificate for agricultural land. The applicant had not disclosed that its unit was situated …
DAYA SHANKAR YADAVversusUNION OF INDIA & ORS.
2010 INSC 80924 November 2010Dismissed
The appellant, Daya Shankar Yadav, was appointed as a constable in the Central Reserve Police Force in 2003. In the verification roll he filled in July 2004, he answered ‘no’ to questions asking whether he had ever been arrested, prosecuted, detained, fined or convicted, despite a criminal case having been registered a…
RAJENDRAN CHINGARAVELUversusMR. R.K. MISHRA, ADDL. COMMISSIONER OF IT & ORS.
2009 INSC 125724 November 2009Disposed off
The appellant, a computer engineer, travelled from Hyderabad to Chennai carrying Rs 65 lakhs in cash, disclosing the amount and a bank certificate to airport security. Although cleared at Hyderabad, he was intercepted at Chennai, detained for about 15 hours, and his cash was seized under the Income Tax Act; the inciden…
UNION OF INDIA & ORS.versusHAR DAYAL
2009 INSC 125824 November 2009Disposed off
Har Dayal, Karta of a Hindu Undivided Family of displaced persons from Pakistan, filed a claim in 1950 for agricultural land as compensation under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. After partial allotment, the remaining land was not available and in 1989 he was credited cash compensatio…
RUPA RANI RAKSHIT AND ORS.versusJHARKHAND GRAMIN BANK AND ORS.
2009 INSC 125924 November 2009Dismissed
The appellants, employees of Jharkhand Gramin Bank, were promoted to Field Supervisors on 20 November 1990 under the Regional Rural Banks (Appointment and Promotions of Officers and Other Employees) Rules, 1988. The bank used a merit‑cum‑seniority system, assigning marks for seniority, education, performance and interv…
DEPARTMENT OF TELECOMMUNICATIONSversusGUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LTD.
2010 INSC 64324 September 2010Appeal(s) allowed
The Managing Director of Gujarat Co‑operative Milk Marketing Federation Ltd. received two unusually large telephone bills for international "party" calls and alleged that the calls were made from other numbers. The Department of Telecommunications (DoT) held the bills correct; an administrative appeal was rejected and …
INDIAN OIL CORPORATION LTD. & ORS.versusM/S. RAJA TRANSPORT (P) LTD.
2009 INSC 106924 August 2009Appeal(s) allowed
The dispute arose from a dealership agreement between Indian Oil Corporation Ltd. (the appellant) and M/s. Raja Transport (P) Ltd. (the respondent) which contained an arbitration clause mandating that any dispute be referred to the Director, Marketing of the corporation or a person nominated by him. After the corporati…
SANNAIA SUBBA RAO & ORS.versusSTATE OF A.P.
2008 INSC 86124 July 2008Case Partly allowed
The case involves the kidnapping of a 16‑year‑old girl in 1992. The girl was later found and gave a written report alleging kidnapping, but her trial testimony was later embellished with claims of sexual abuse and an attempt to sell her into prostitution. The trial court acquitted all three accused due to contradiction…
RAJBABU & ANR.versusSTATE OF M.P.
2008 INSC 86224 July 2008Case Allowed
The deceased Shanti Bai set herself on fire in 1988 and, in her dying declaration, exonerated all members of her matrimonial home. The trial court convicted her husband and mother‑in‑law under IPC sections 306 (abetment of suicide) and 498A (cruelty) based largely on the dying declaration and a letter she had written, …
ARVIND KUMAR AND ANR.versusSTATE OF MADHYA PRADESH
2007 INSC 77524 July 2007Disposed off
Arvind Kumar married Sadhna and, along with his mother Prem Bai, repeatedly demanded additional dowry items. Sadhna, unable to meet these demands, was allegedly harassed and tortured, leading her to set herself on fire and die within 1.5 months of marriage. Both were convicted under IPC s.306 (abetment of suicide) and …
M/S. GROUPE CHIMIQUE TUNISIEN SAversusSOUTHERN PETROCHEMICALS INDUSTRIES CORPN. LTD.
2006 INSC 36224 May 2006Case Allowed
The Tunisian company Groupe Chimique Tunisien supplied phosphoric acid to Southern Petrochemicals under purchase orders that incorporated the Fertilizer Association of India (FAI) terms, which contain an arbitration clause (clause 15). After non‑payment, the supplier sued in a Jordanian court, where the respondent argu…
NATIONAL AVIATION COMPANY OF INDIA LTD.versusS.M.K. KHAN
2009 INSC 40024 March 2009Appeal(s) allowed
The respondent, S.M.K. Khan, a security assistant with Indian Airlines, was reviewed under Regulation 12 of the Indian Airlines Employees Service Regulations upon reaching the age of 55. The competent authority found his performance unsatisfactory and issued a notice of compulsory retirement, later extending his servic…
FOOD CORPORATION OF INDIAversusSUKH DEO PRASAD
2009 INSC 40124 March 2009Appeal(s) allowed
The Food Corporation of India (FCI) was ordered by a trial court to deposit rent payments for a godown it leased from borrowers into the bank’s loan account, an order that the bank sought as an interim direction. The bank later filed a contempt application under Order 39 Rule 2A of the CPC, alleging FCI’s disobedience …
R. HANUMAIAH & ANR.versusSECRETARY TO GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT & ORS.
2010 INSC 12024 February 2010Dismissed
The appellants, R. Hanumaiyah and others, filed a suit seeking declaration of title and a permanent injunction over Survey Nos. 30 (a tank) and 31 (barren land) alleging ancestral ownership. The trial court decreed in their favour, but the Karnataka High Court set aside the decree, finding that the plaintiffs had not e…
STATE OF WEST BENGAL & ORS.versusRATNAGIRI ENGINEERING PVT. LTD. & ORS.
2009 INSC 25024 February 2009Disposed off
The State of West Bengal appealed against a Calcutta High Court order that had resumed land held by an intermediary under the West Bengal Estates Acquisition Act, 1953. The appeals raised three questions: (1) whether the proviso to Section 6(3) of the 1953 Act remains effective after the West Bengal Land Reforms Act, 1…
HARBHAJAN SINGHversusSTATE OF HIMACHAL PRADESH & ORS.
2010 INSC 80423 November 2010Dismissed
The Himachal Pradesh Government declared a consolidation scheme for Revenue Estate Damtal Khas under the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, allocating land to Harbhajan Singh and Damtal Temple. After valuation and exchange orders were made, neither party took possession…
BHAGWAN BUDHA PRATHMIK TECHNICAL TRAINING COLLEGE NIRMALIversusTHE STATE OF BIHAR AND ORS.
2010 INSC 80723 November 2010Dismissed
The appellant, a teacher‑training college established in 1987, admitted students without statutory recognition and repeatedly sought state approval. After the National Council for Teacher Education (NCTE) Act, 1993 came into force in 1995, the college failed to apply for recognition under the Act. The State Government …
SATYAPAL SINGHversusUNION OF INDIA & ANR.
2009 INSC 125323 November 2009Dismissed
The petitioner, a Government Ordnance Factory employee, was transferred and ordered to vacate his residential quarters. He appealed the eviction order; the District Court admitted the appeal and granted an interim stay, which remained in force for nearly nine years until the appeal was dismissed in April 2009. The peti…
M/S. S.B. MINERALSversusM/S. MSPL LIMITED
2009 INSC 125523 November 2009Dismissed
The respondent (M/S MSPL Ltd.) filed a suit for declaration and injunction against the petitioner (S.S. Minerals), which was decreed. The petitioner appealed and the first appellate court set aside the decree, dismissing the suit. The respondent then filed a second appeal under Section 100 of the Code of Civil Procedur…
HARYANA URBAN DEVELOPMENT AUTHORITYversusRAJE RAM
2008 INSC 121723 October 2008Appeal(s) allowed
The Haryana Urban Development Authority (HUDA) had originally allotted plots to allottees who later transferred their rights to new buyers (re‑allottees) after price revisions and delays in development. The re‑allottees filed complaints before consumer forums alleging delay in possession and seeking interest on the amo…
STATE OF U.P. & ORS.versusM/S MOHAN MEAKIN BREWERIES LTD. & ANR.
2011 INSC 71023 September 2011Disposed off
The State of Uttar Pradesh challenged M/s Mohan Meakin Breweries Ltd. for levying excise duty and additional duty on alleged excess manufacturing and bottling wastage of beer. The High Court had directed the State to recompute the stock of beer under Rule 53 of the UP Brewery Rules and Section 28A of the UP Excise Act,…
DEOKAR EXPORTS PVT. LTD.versusNEW INDIA ASSURANCE COMPANY LTD.
2008 INSC 107123 September 2008Dismissed
Deokar Exports imported a dehydration machine financed by Maharashtra State Finance Corporation (MSFC) and insured it against fire for the period 12‑Sep‑1986 to 12‑Mar‑1988. After the policy expired, MSFC sent a cheque for renewal which the insurer received on 26‑Aug‑1988; the insurer later issued a policy dated 30‑Jun…
BACHHAJ NAHARversusNILIMA MANDAL & ANR.
2008 INSC 107223 September 2008Appeal(s) allowed
The plaintiffs filed a suit for declaration of title, possession and injunction over a narrow strip of land, claiming it formed part of their property purchased in 1962. The trial court held the strip was part of the plaintiffs' land and ordered the defendant to pay a nominal sum for the encroached portion; the first a…
ZAMEER AHMED LATIFUR REHMAN SHEIKHversusSTATE OF MAHARASHTRA & ORS.
2010 INSC 23723 April 2010Disposed off
The appellants challenged the constitutional validity of the phrase "promoting insurgency" in Section 2(1)(e) of the Maharashtra Control of Organised Crime Act, 1999, arguing that the State legislature lacked competence and that the provision conflicted with the Unlawful Activities (Prevention) Amendment Act, 2004. The…
RAJEEV KUMAR & ANR.versusHEMRAJ SINGH CHAUHAN & ORS.
2010 INSC 16323 March 2010Dismissed
Two service officers (appellants) were not parties to original applications filed before the Central Administrative Tribunal (CAT) by the respondents. The High Court allowed the appellants to be impleaded in a writ petition challenging the CAT's judgment and set aside that judgment. The appellants then appealed to the …
FOOD CORPORATION OF INDIA AND ANR.versusNIZAMUDDIN AND ANR.
2010 INSC 16423 March 2010Appeal(s) allowed
The Food Corporation of India (FCI) allowed a senior employee (the second respondent) to retire on medical grounds after he had turned 55, and the employee also requested that his son (the first respondent) be appointed on compassionate grounds. The son later applied for such appointment, but FCI rejected it, citing a …
UNION OF INDIA & ANOTHERversusHEMRAJ SINGH CHAUHAN & OTHERS
2010 INSC 16523 March 2010Disposed off
The respondents, officers of the Uttar Pradesh State Civil Service, claimed that the quinquennial cadre review of the IAS for Uttar Pradesh was due in April 2003 and that the review conducted in August 2005 should be given retrospective effect so that they could be considered for promotion. The Union of India and the C…
M/S. ANSAL PROPERTIES & INDUSTRIES LTD.versusSTATE OF HARYANA & ANR.
2009 INSC 6723 January 2009Appeal(s) allowed
Ansal Properties & Industries Ltd., a colonizer, was directed by the Director, Town and Country Planning, Haryana to pay Rs.61,000 per gross acre as part of external development charges, allegedly for internal community buildings. The appellant contended that the demand was unauthorized because the land for such buildi…
S.N. PRASADversusMONNET FINANCE LTD. AND ORS.
2010 INSC 71822 October 2010Appeal(s) allowed
The appellant, S.N. Prasad, had given a letter of guarantee for a loan but never signed the tripartite loan agreements that contained an arbitration clause. The lender, Monnet Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, impleading the appellant in the arbitration. …
STATE OF PUNJAB & ANR. ETC.versusVINEY KUMAR KHULLAR & ORS. ETC.
2010 INSC 72522 October 2010Case Partly allowed
Three in‑service doctors were admitted to 2008 postgraduate medical courses based on a prospectus that required No Objection Certificates (NOCs) in accordance with a 1996 government circular prescribing a Rs 2 lakh bond for five years of service. The government later invoked a 2007 amendment circular raising the bond t…
PARASAMAYA KOLERINATHA MADAM, TIRUNELVELIversusP. NATESA ACHARI & ORS.
2011 INSC 70222 September 2011Appeal(s) allowed
The appellant, Parasamaya Kolerinatha Math, sued the defendants for declaration of title and possession of a Chennai property that housed the Meenakshiamman idol and the founder's statue. The defendants claimed the premises was a public temple belonging to the Viswakarma community. The High Court Single Judge held the …
M/S. DELTA ENGINEERSversusSTATE OF GOA & ORS.
2009 INSC 57822 April 2009Case Partly allowed
The Supreme Court examined whether a barge‑repair workshop operating on private land along the Zuari River used government riverine land and could be charged rent by the Panaji Port Authority. The Court held that the workshop did use riverine land, which falls within the definition of a "landing place" and is subject t…
STATE OF RAJASTHAN & ANR.versusMIS. FERRO CONCRETE CONSTRUCTION PVT. LTD.
2009 INSC 58022 April 2009Appeal(s) allowed
The State of Rajasthan entered into a contract with Ferro Concrete for a water‑pipeline project. After the contractor failed to complete the work, arbitration was instituted and the arbitrator awarded various sums, including loss of profit (claim 1), idle‑machinery compensation (claim 37A), and interest at 18% per annu…
T.K. MOHAMMED ABUBUCKER (D) THR. LRS. & ORS.versusP.S.M. AHAMED ABDUL KHADER & ORS.
2009 INSC 58922 April 2009Appeal(s) allowed
The plaintiff purchased a 5‑acre plot in 1982 and sued the defendants for declaration of title and possession, alleging encroachment. The trial court and the High Court Single Judge dismissed the suit, finding that the plaintiff had not proved any title or prior possession and that the defendants were in possession. A …
MD. ABDUL KADIR & ANR.versusDIRECTOR GENERAL OF POLICE, ASSAM & ORS.
2009 INSC 58222 April 2009Case Partly allowed
The appellants, ex‑servicemen appointed as ad‑hoc border staff under the Prevention of Infiltration of Foreigners (PIF) Additional Scheme of 1987, challenged a 1995 circular that required annual termination and re‑appointment. They claimed that, since the scheme had been continuously extended for decades, they were ent…
SRI JEYARAM EDUCATIONAL TRUST AND ORS.versusA.G. SYED MOHIDEEN AND ORS.
2010 INSC 5222 January 2010Dismissed
The respondents instituted a suit under Section 92 of the Code of Civil Procedure (CPC) before the District Court in Tamil Nadu, seeking relief concerning a public trust. The appellants argued that a 1960 notification empowering Subordinate Courts under Section 92 removed the District Court's jurisdiction, relying on a…
STATE BANK OF PATIALA & ORS.versusVINESH KUMAR BHASIN
2010 INSC 5422 January 2010Appeal(s) allowed
Vinesh Kumar Bhasin, a retired officer of State Bank of Patiala, applied for relief under the bank's Exit Option Scheme three days before his statutory retirement and was denied. Claiming disability from a road accident, he alleged discrimination and lodged complaints with the Commissioner and Chief Commissioner for Pe…
BHARAT SANCHAR NIGAM LTD.versusTELEPHONE CABLES LTD.
2010 INSC 5322 January 2010Appeal(s) allowed
Bharat Sanchar Nigam Ltd (BSNL) invited a tender for cable supply and awarded the highest vendor rating (V‑1) to NICCO, while Telephone Cables Ltd (the respondent) received a lower rating and a small order. The respondent alleged arbitrariness in the rating, obtained a writ order directing BSNL to reassess the rating a…
ABHIMANYOO RAMversusSTATE OF U.P. & ANR.
2008 INSC 133121 November 2008Appeal(s) allowed
The appellant, a medical officer candidate, obtained an interim order permitting him to appear for a recruitment interview after his registration was restored retrospectively. He later moved the High Court to dismiss his writ petition as not pressed, expecting only a simple dismissal. The High Court dismissed the petit…
MALLESHAPPAversusSTATE OF KARNATAKA
2007 INSC 95921 September 2007Appeal(s) allowed
The appellant, Malleshippa, was convicted of murder, kidnapping and concealment of dead body under Sections 302, 364 and 201 IPC based on the testimony of the deceased's mother and wife and police officers. The body was highly decomposed, headless and handless, and its identification relied solely on underwear and a wa…
M.N. OJHA & ORS.versusALOK KUMAR SRIVASTAV & ANR.
2009 INSC 106321 August 2009Appeal(s) allowed
The appellants, bank officials, filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by a guarantor alleging offences under the IPC. The Sub‑Divisional Judicial Magistrate had taken cognizance of the complaint and issued non‑bailable warrants without examining…
FOOD CORPORATION OF INDIAversusSTATE OF PUNJAB
2009 INSC 106421 August 2009Case Partly allowed
The Food Corporation of India (FCI) claimed deductions for sales of tax‑free goods and sales to registered dealers under the Punjab General Sales Tax Act, 1948. The Assessing Authority rejected the claim, and the Sales Tax Tribunal upheld the rejection. FCI sought a reference of two questions of law to the High Court u…
SHUB KARAN BUBNA @ SHUB KARAN PRASADversusSITA SARAN BUBNA & ORS.
2009 INSC 106221 August 2009Dismissed
The petitioners sought a final decree for partition of property after a preliminary decree had been passed in 1964. The respondents argued that the application for a final decree was barred by the three‑year limitation period under Article 137 of the Limitation Act, 1963. The Supreme Court held that an application for …
ELIZABETH JACOBversusDISTRICT COLLECTOR, IDUKKI & ORS.
2008 INSC 96121 August 2008Appeal(s) allowed
The appellant purchased 9.39 acres of land attached by the Revenue Department under the Kerala Revenue Recovery Act, 1968, at a public auction in 1998 and obtained a sale certificate. She applied for possession under section 58 of the Act, but the Collector failed to act, citing a pending verification as to whether the…
L.N. ASWATHAMA & ANR.versusP. PRAKASH
2009 INSC 57121 April 2009Appeal(s) allowed
The plaintiffs, heirs of their father who had mortgaged a government‑purchased plot, discovered the property after clearing the loan and found the defendant in unauthorized possession. They sued for declaration of title, possession, permanent injunction and mesne profits. The trial court held that the plaintiffs had es…
RAMAN TECH. & PROCESS ENGG. CO. & ANR.versusSOLANKI TRADERS
2007 INSC 117120 November 2007Appeal(s) allowed
Raman Tech & Process Engineering Co. sued Solanki Traders for Rs.99,200 for supplied material and sought security and attachment before judgment under Order 38 Rule 5 of the CPC, alleging dishonoured cheques and that the defendants were moving machinery to evade a decree. The trial court dismissed the application, find…
SUBH RAM & ORS.versusHARYANA STATE & ANR.
2009 INSC 118920 October 2009Case Partly allowed
The State acquired 38.48 acres of land in Jharsa, Gurgaon, Haryana for a jail under the Land Acquisition Act, 1894. The Land Acquisition Collector initially awarded compensation based on land categories, which the Reference Court enhanced uniformly to Rs 36.20 per square yard. The appellants challenged the award, argui…
HARYANA STATE ELECTRICITY BOARDversusM/S. HANUMAN RICE MILLS AND ORS.
2010 INSC 53620 August 2010Dismissed
The Haryana State Electricity Board served a demand notice on the purchaser of a rice mill for electricity arrears incurred by the previous owner. The purchaser filed two suits: the first for a permanent injunction against the demand, and the second for a declaration that the demand and subsequent disconnection were in…
SREE KAMATCHI AMMAN CONSTRUCTIONSversusTHE DIVISIONAL RAILWAY MANAGER (WORKS), PALGHAT & ORS.
2010 INSC 53720 August 2010Dismissed
The contractor Sree Kamatchi Amman Constructions entered into a construction contract with the Indian Railways, which contained Clause 16(2) barring interest on earnest money, security deposit, or any amount payable under the contract. The contractor invoked the arbitration clause alleging breach, and the arbitral trib…
STATE OF ORISSAversusCHOUDHURI NAYAK (DEAD BY LR) & ORS.
2010 INSC 53920 August 2010Appeal(s) allowed
The first respondent, Chaudhuri Nayak, obtained a Freedom Fighters' Pension under the 1972 scheme by claiming imprisonment in 1943, supported by a typed jail certificate and a certified extract of a challan register. A public interest litigation alleged that the documents were fabricated and that Nayak had misrepresent…
M/S. SMS TEA ESTATES PVT. LTD.versusM/S. CHANDMARI TEA CO. PVT. LTD.
2011 INSC 50820 July 2011
The appellant, SMS Tea Estates, entered into a 30‑year lease deed with the respondent, Chandmari Tea Co., which contained Clause 35 mandating arbitration of disputes. The lease deed was not registered, though registration was compulsory, and it was also not duly stamped. The appellant sought appointment of an arbitrato…
ANDHRA PRADESH TOURISM DEVELOPMENT CORPN. LTD. & ANR.versusM/S. PAMPA HOTELS LTD.
2010 INSC 22720 April 2010Disposed off
The dispute arose between Andhra Pradesh Tourism Development Corporation Ltd (APTDC) and Pampa Hotels Ltd over lease and management agreements executed on 30‑March‑2002, which contained arbitration clauses. Pampa Hotels Ltd was incorporated only on 9‑April‑2003, so it did not exist when the contracts were signed. APTDC…
RASIKLALversusKLSORE
2009 INSC 22620 February 2009Disposed off
The appellant, Rasiklal, was charged with defamation under Sections 499 and 500 of the IPC, both bailable offences, and was granted bail by a Judicial Magistrate under Section 436 of the CrPC on 1 December 2006. The complainant filed a revision before the High Court, which cancelled the bail on the ground that the comp…
MUNISH BHASIN & ORS.versusSTATE (GOVT. OF N.C.T. OF DELHI) & ANR.
2009 INSC 22720 February 2009Disposed off
The wife of Munish Bhasin filed a complaint under IPC sections 498A, 406 and 34 alleging cruelty and misappropriation of dowry. The husband and his parents applied for anticipatory bail under CrPC section 438, which the Delhi High Court granted but conditioned on the husband paying Rs.12,500 per month as maintenance to…
KALIAPERUMALversusRAJAGOPAL & ANR.
2009 INSC 22820 February 2009Dismissed
Kaliaperumal purchased immovable property from Rajagopal and others by a deed dated 26 June 1983, agreeing to pay Rs.43,000, of which Rs.40,000 was to be paid in the presence of the Sub‑Registrar at registration. The deed was registered on 26 October 1983, but the balance consideration was never tendered, and the vendo…
GODAVARI SUGAR MILLS LTD.versusTHE STATE OF MAHARASHTRA & ORS.
2011 INSC 5920 January 2011Case Partly allowed
The appellant, Godavari Sugar Mills Ltd., owned large tracts of sugarcane land that were declared surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and were taken over by the State. After filing a claim for compensation, the State awarded Rs.88,77,538 with interest at 3% per annum for the…
STATE OF PUNJABversusASHOK SINGH GARCHA & ORS.
2008 INSC 150719 December 2008Rejected
The State of Punjab filed Special Leave Petitions (C) Nos. 29728‑29731 of 2008 challenging a High Court order concerning a 1963 auction of surplus evacuee lands. The Supreme Court found that the petitions contained factual inconsistencies between the case narrative and the synopsis/list of dates filed, the latter havin…
BANATWALA & COMPANYversusL.L.C. OF INDIA & ANR.
2011 INSC 69719 September 2011Appeal(s) allowed
The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents argued that the premise…
RAM KUMARversusSTATE OF U.P. & ORS.
2011 INSC 59619 August 2011Appeal(s) allowed
The appellant, Ram Kumar, applied for the post of police constable in Uttar Pradesh and affirmed in his recruitment affidavit that no criminal case was pending against him. A criminal case (Cr. No. 275/2001) had earlier been registered against him but he was acquitted by the Additional Chief Judicial Magistrate on 18 J…
STATE OF U.P. & ORSversusLUXMI KANT SHUKLA
2011 INSC 59719 August 2011Appeal(s) allowed
Luxmi Kant Shukla, a Provincial Civil Services officer of Uttar Pradesh, was suspended and faced a disciplinary inquiry for alleged defamatory remarks in a book. While the inquiry was pending, he submitted a reply on 28 May 2009 requesting voluntary retirement under Rule 56 of the U.P. Fundamental Rules, 1942. The rule…
G. SRINIVAS RAOversusUNION OF INDIA & ORS.
2011 INSC 50219 July 2011Dismissed
The appellant, a general‑category candidate who secured the 95th rank in the 1998 Civil Services Examination, was allocated to the Manipur‑Tripura Joint IPS cadre, while an OBC candidate (respondent No.4) with the 133rd rank was allocated to the Andhra Pradesh cadre. The appellant claimed that the conversion of a gener…
THIRUVENGADA PILLAIversusNAVANEETHAMMAL & ANR.
2008 INSC 21719 February 2008Dismissed
The plaintiff filed a suit for specific performance of a sale agreement dated 5 January 1980, which the defendant denied executing. The agreement was written on two stamp papers purchased in 1973 and 1978, and the plaintiff failed to produce expert fingerprint analysis to prove the thumb impression on the document. The…
THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION C.M.D.AversusJ. SIVAPRAKASAM & ORS.
2010 INSC 78818 November 2010Appeal(s) allowed
The Special Deputy Collector of the Chennai Metropolitan Development Authority sought to acquire 4.89 acres of land for the Koyambedu Wholesale Market Complex, issuing a preliminary notification under Section 4(1) and a final declaration under Section 6 of the Land Acquisition Act, 1894. The notification was published …
MUKUL SAIKIA & ORS.versusSTATE OF ASSAM & ORS.
2008 INSC 131418 November 2008Dismissed
The Assam Public Service Commission advertised 27 Child Development Project Officer (CDPO) posts for direct recruitment and prepared a select list of 64 candidates, appointing the first 27. The appellants, whose names appeared below the appointed 27, challenged the regularisation of 18 privately appointed CDPOs who wer…
RAJ KUMARversusAJAY KUMAR & ANR.
2010 INSC 70318 October 2010Case Partly allowed
The appellant, a 25‑year‑old roadside cheese vendor, suffered fractures in a motor accident and claimed compensation for loss of future earnings. The Motor Accident Claims Tribunal awarded a modest sum, basing the claimant's monthly income on the minimum wage and deducting one‑third for personal expenses, while treatin…
NATIONAL INSURANCE CO. LTD.versusM/S. BOGHARA POLYFAB PVT. LTD.
2008 INSC 105718 September 2008Dismissed
The Supreme Court examined whether an insurance dispute could be referred to arbitration after the insured had executed an undated full‑and‑final discharge voucher. The insured claimed the voucher was signed under coercion and that the insurer had conditioned payment on its execution. The Court held that the existence …
SWAMY PRAKASANANDA AND ANR.versusSTATE OF KERALA AND ORS.
2006 INSC 62918 September 2006Directions issued
The Supreme Court dealt with a dispute concerning the election of a Trust Board for a Kerala trust. An authority appointed by the Court was tasked with validating the admission and removal of members, finalising the voter list, drawing up an election calendar and supervising the election. After the authority issued its…
P.V. INDIRESANversusUNION OF INDIA & ORS.
2011 INSC 59118 August 2011Disposed off
The Supreme Court examined the meaning of the phrase "maximum cut‑off marks for OBCs be 10% below the cut‑off marks of general category candidates" in the clarificatory order dated 14‑Oct‑2008 issued in P.V. Indiresan's case, in the context of the Ashoka Kumar Thakur judgment. The dispute arose from Jawaharlal Nehru Un…
RAMESH KUMAR & ANR.versusFURU RAM & ANR. ETC.
2011 INSC 59318 August 2011Appeal(s) allowed
The appellants, brothers who co‑owned land, sued the respondents seeking a declaration that the arbitration awards and the subsequent court decrees granting title to the respondents were null and void because they were obtained through fraud and stamp‑duty evasion. The lower courts dismissed the suits on the ground tha…
SUDAM GANPAT KUTWAL P.A. HOLDER OF SHANKAR SITARAM BHOSLEversusSHEVANTABAI TUKARAM GULUMKAR (DEAD) BY LR MARUTI SHANKAR PACHPUTE
2006 INSC 52418 August 2006Appeal(s) allowed
The appellant, a tenant of agricultural land, cultivated the land personally and was deemed to have purchased it under the Bombay Tenancy and Agricultural Lands Act, 1948, but his purchase right was postponed because the landlord was a widow. The widow exercised her right under Section 31(1) to take possession of half …
VISVESWARAYA TECHNOLOGICAL UNIVERSITY AND ANR.versusKRISHNENDU HALDER AND ORS.
2011 INSC 13418 February 2011Appeal(s) allowed
The Supreme Court examined whether the eligibility criteria for engineering admissions prescribed by the Visvesvaraya Technological University and the Karnataka State, which were higher than the minimum standards set by AICTE, could be relaxed when a large number of seats remained vacant. The petitioners, two students …
CHOWDHURY NAVIN HEMABHAI & ORS.versusTHE STATE OF GUJARAT & ORS.
2011 INSC 13818 February 2011Disposed off
The appellants, students belonging to SC, ST and OBC categories, secured the required 40% marks in the qualifying examination but scored less than 40% in the Gujarat common entrance test for MBBS admission in 2008‑2009. They were admitted to the MBBS course under Gujarat Professional Medical Educational Colleges Rules,…
MAYA MATHEWversusSTATE OF KERALA & ORS.
2010 INSC 11218 February 2010Dismissed
Maya Mathew, a pharmacist in the Kerala State Homeopathy Services, challenged the method used to allocate vacancies for Medical Officer posts, arguing that the ratio of direct recruitment to transfers should be applied to the cadre strength of the post as mandated by Note (3) of Rule 5 of the General Rules, not to the …
S.N. MATHURversusBOARD OF REVENUE & ORS.
2009 INSC 20818 February 2009Case Partly allowed
ALL INDIA COUNCIL FOR TECHNICAL EDUCATIONversusSURINDER KUMAR DHAWAN & ORS .
2009 INSC 21718 February 2009Appeal(s) allowed
The All India Council for Technical Education (AICTE) challenged several Delhi High Court orders that permitted diploma holders with only 10+1 qualifications to enroll in a one‑year bridge course leading to a B.Tech degree. AICTE argued that allowing such bridge courses constituted a major policy shift, diluted the ent…
SHEETALA PRASAD AND ORS.versusSRI KANT AND ANR.
2009 INSC 131917 December 2009Appeal(s) allowed
The appellants were acquitted of an offence under Section 308 IPC by the Sessions Court, which instead convicted them under Section 324 r/w 149 IPC and released them on probation. The private complainant filed a criminal revision under Section 401(3) CrPC, and the High Court set aside the acquittal, finding the appella…
JAI PRAKASHversusNATIONAL INSURANCE CO. LTD. & ORS.
2009 INSC 131517 December 2009Hearing Adjourned
The Supreme Court, hearing Special Leave Petitions filed by Jai Prakash against National Insurance Co. Ltd. and others, examined systemic problems in motor accident compensation, including victims of hit‑and‑run, uninsured vehicles and gratuitous passengers, the use of goods vehicles for passenger transport, procedural…
ALOKA BOSEversusPARMATMA DEVI & ORS.
2008 INSC 145817 December 2008Dismissed
The appellant Aloka Bose (representing the heirs of the deceased vendor) appealed against a decree of specific performance granted to the plaintiff Parmatma Devi for the sale of a portion of a house. The dispute centered on whether a written agreement of sale signed only by the vendor, without the purchaser's signature…
RAJENDRA KUMAR SRIVASTAVA & ORS.versusSAMYUT KSHETRIYA GRAMIN BANK & ORS
2009 INSC 123917 November 2009Dismissed
The appellants, senior officers of Samyukt Kshetriya Gramin Bank, challenged their non‑selection for promotion to Scale II (Area Manager/Senior Manager) on the ground that the bank’s promotion process, which required a minimum qualifying score of 78% based on performance appraisal and interview, violated the seniority‑…
NATIONAL SMALL INDUSTRIES CORPORATION LTD.versusSTATE (NCT OF DELHI) & ORS.
2008 INSC 130817 November 2008Appeal(s) allowed
The National Small Industries Corporation Ltd. (NSIC), a government company, lodged a complaint under the Negotiable Instruments Act alleging that a cheque drawn in its favour was dishonoured. The complaint was filed by NSIC’s Development Officer, who is a public servant, and the Magistrate, relying on the proviso to S…
THE SECRETARY, ALL INDIA PRE-MEDICAL/PREDENTAL EXAMINATION, C.B.S.E. & ORS.versusKHUSHBOO SHRIVASTAVA & ORS.
2011 INSC 58517 August 2011Appeal(s) allowed
The appellant, Secretary of the All India Pre‑Medical/Pre‑Dental Examination, challenged a Patna High Court order that directed the CBSE to re‑evaluate the answer sheets of respondent Khushboo Shrivastava and award her two additional marks, subsequently ordering her admission to the MBBS course. The High Court had allo…
STATE OF ASSAMversusBARAK UPATYAKA D.U. KARMACHARI SANSTHA
2009 INSC 35717 March 2009Appeal(s) allowed
The State of Assam appealed against a Guwahati High Court order that directed the state to release grant‑in‑aid to the Cachar and Karimganj District Milk Producers' Co‑operative Union Ltd (CAMUL) so that the society could pay salaries to its employees. CAMUL, a cooperative registered under the Assam Cooperative Societi…
STATE OF H.P. & ANR.versusANJANA DEVI & ORS.
2009 INSC 35817 March 2009Appeal(s) allowed
The appeal concerned two ex‑servicemen who were appointed to general (non‑reserved) technical posts in the Himachal Pradesh State Public Works Department before reservation for ex‑servicemen in technical services came into force on 3 May 1983. They claimed the option to accept a later reserved vacancy and sought to hav…
U.T. CHANDIGARH ADMINISTRATION & ANR.versusAMARJEET SINGH & ORS.
2009 INSC 35917 March 2009Disposed off
The Supreme Court examined whether lessees who obtained leasehold rights to sites in Chandigarh through public auction could invoke the Consumer Protection Act, 1986, on the ground that payment of lease premium instalments and ground rent was conditional upon the administration providing basic amenities. The Court held…
BHARAT SANCHAR NIGAM LTD.versusGHANSHYAM DASS AND ORS.
2011 INSC 13017 February 2011Appeal(s) allowed
The case concerned promotion of Grade‑III officers to Grade‑IV in the Department of Telecommunications under the Biennial Cadre Review (BCR) Scheme. The Central Administrative Tribunal (CAT) had, in O.A. No.1455 of 1991, directed that promotions to the 10% posts in Grade‑IV be based on seniority in the basic cadre and …
SUBHASH CHANDversusSTATE OF HARYANA & ORS.
2010 INSC 88816 December 2010Dismissed
The mother of the appellant filed an application for recovery of rent and eviction of a tenant under the Punjab Security of Land Tenures Act, 1953. The tenant argued that he was entitled to occupancy rights and therefore not liable for rent, and that the application should be treated as a suit under Section 77(3) of th…
M/S. KUMAR EXPORTSversusM/S. SHARMA CARPETS
2008 INSC 143716 December 2008Appeal(s) allowed
The respondent alleged that it sold woolen carpets to the appellant and that the appellant issued two cheques which were later dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The appellant contended that the cheques were advances for a purchase that never materialised and that n…
HARYANA STATE MINOR IRRIGATION TUBEWELLS CORPORATION & ORS.versusG.S. UPPAL & ORS.
2008 INSC 49816 April 2008Dismissed
The Haryana State Minor Irrigation Tubewells Corporation, a government company, denied a pay‑scale revision to its Assistant Engineers, Sub‑Divisional Officers and Law Officers, arguing that the duties differed from those of government engineers and that the corporation faced financial loss. The employees claimed that …
SATYA PRAKASH & ORS.versusSTATE OF BIHAR & ORS.
2010 INSC 15216 March 2010Disposed off
The appellants, daily‑wage workers who had served the Bihar Intermediate Education Council for more than ten years, filed a writ petition seeking regularisation of their services on the basis of paragraph 53 of the Supreme Court’s judgment in State of Karnataka v. Uma Devi. The Patna High Court directed the Council to …
SUPERSTAR EDUCATION SOCIETYversusSTATE OF MAHARASHTRA & ORS.
2008 INSC 5716 January 2008Disposed off
The Supreme Court examined a challenge to the Maharashtra Government's order dated 16 May 2006 that granted permission to 1,495 new higher secondary schools on a permanent no‑grant basis, subject to conditions under the Education Code and the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977. T…
ANIL GILURKERversusBILASPUR RAIPUR KSHETRIA GRAMIN BANK & ANR.
2011 INSC 69015 September 2011Appeal(s) allowed
The appellant, a branch manager of Bilaspur Raipur Kshetriya Gramin Bank, was charged with sanctioning and distributing loans to brick manufacturers but allegedly misappropriating part of the amounts. The charge‑sheet dated 31‑01‑1989 contained only vague allegations without naming borrowers, loan amounts, or specific …
CHARUTAR AROGYA MANDALversusSTATE OF GUJRAT & ANR.
2010 INSC 61715 September 2010Disposed off
Charutar Arogya Mandal, an unaided medical college in Gujarat, sought to fill its 10% management quota seats by admitting meritorious, economically weaker students under a charitable scheme that required only a token fee of Rs.5,000 per annum, with the balance subsidised as a scholarship. The Gujarat Professional Medic…
SUBODH KUMAR YADAVversusSTATE OF BIHAR & ANR.
2009 INSC 91015 July 2009Dismissed
The appellant, Subodh Kumar Yadav, was charged under Section 498A IPC and other offences. He surrendered before a Judicial Magistrate First Class and was granted bail on the same day, without the complainant’s counsel being heard and after the magistrate called for the case record from the Sessions Court. The Sessions …
RAJ KUMARversusSTATE OF MAHARASHTRA
2009 INSC 90915 July 2009Dismissed
The husband, Raj Kumar, assaulted his wife with a stone‑rolling pad after she refused to withdraw maintenance proceedings under Section 125 CrPC. The victim died from head injuries; her dying declarations implicated the husband. The trial courts convicted him under Sections 302 and 498A IPC. On appeal, the Supreme Cour…
SURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIRversusSTATE OF HARYANA & ANR.
2009 INSC 81815 May 2009Hearing Adjourned
Suraj Lamp & Industries Ltd. filed a Special Leave Petition challenging a High Court order that held Section 20 of the Right to Information Act, 2005 to be merely directory. The company alleged that its land purchase in Gurugram was effected through a sale agreement, General Power of Attorney and a will (SA‑GPA‑Will) r…
JANAK DULARI DEVI & ANR.versusKAPILDEO RAI & ANR.
2011 INSC 30515 April 2011Dismissed
The appellants claimed that they had paid Rs.17,000 of the Rs.22,000 purchase price and that title passed to them upon execution and registration of the sale deed, seeking specific performance to obtain the registration receipt. The vendor denied any payment, retained the registration receipt, cancelled the deed and so…
STATE OF KARNATAKA AND ORS.versusJANTHAKAL ENTERPRISES AND ANR.
2011 INSC 29915 April 2011Appeal(s) allowed
The Supreme Court allowed the appeals filed by the State of Karnataka and other authorities against the Karnataka High Court’s order permitting Janthakal Enterprises to lift 1,17,800 tonnes of dumped ore. The Court held that the High Court had erred by disposing of a writ petition involving disputed factual issues in f…
BOOZ-ALLEN & HAMILTON INC.versusSBI HOME FINANCE LTD. & ORS.
2011 INSC 30115 April 2011Dismissed
The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant had waived its right…
M/S. MODERN INDUSTRIESversusM/S. STEEL AUTHORITY OF INDIA LTD. TH. M.D. & ORS.
2010 INSC 20815 April 2010Appeal(s) allowed
The Supreme Court examined a dispute between M/s Modern Industries (supplier) and Steel Authority of India Ltd. (buyer) concerning a balance payment and interest under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (as amended 1998). The buyer alleged breach of contract …
THE AMRAVATI DISTRICT CENTRAL CO-OPERATIVE BANK LTD.versusUNITED INDIA FIRE AND GENERAL INSURANCE CO. LTD.
2010 INSC 21115 April 2010Dismissed
The Amravati District Central Co‑operative Bank held an insurance policy with United India Fire & General Insurance covering losses caused by its employees. An employee embezzled several amounts totalling Rs.3.44 lakh. The insurer assessed a reimbursable loss of Rs.29,000, but the bank claimed the full amount. An arbit…
SMT. SARLA VERMA & ORS.versusDELHI TRANSPORT CORPORATION & ANR.
2009 INSC 50615 April 2009Case Partly allowed
The appellant, the widow of a scientist who died in a 1988 bus accident, sought higher compensation than awarded by the Motor Accident Claims Tribunal and enhanced by the Delhi High Court. The Supreme Court examined whether future prospects of the deceased could be factored into income, whether pay revisions occurring …
KISAN SAHKARI CHINI MILLS LTD. AND ORS.versusVARDAN LINKERS AND ORS.
2008 INSC 49315 April 2008Appeal(s) allowed
The dispute concerned the alleged sale of 85,000 quintals of molasses from five state‑controlled sugar mills to Vardan Linkers at Rs.127 per quintal. The Assistant Cane Commissioner had issued an allotment letter permitting the lift, which was later stayed and cancelled by the Secretary (Sugar) after finding irregulari…
STATE OF WEST BENGAL & ANR.versusWEST BENGAL MINIMUM WAGES INSPECTORS ASSOCIATION & ORS.
2010 INSC 14715 March 2010Appeal(s) allowed
The respondents, Inspectors of Agricultural Minimum Wages (AMW), claimed parity in pay with three other categories of inspectors who were placed in a higher pay scale after the West Bengal Services Revision of Pay and Allowances Rules, 1981. They argued that earlier all four posts were in the same pay scale and therefo…
PRIYA DARSHNI DENTAL COLLEGE & HOSPITALversusUNION OF INDIA & ORS.
2011 INSC 12815 February 2011Case Allowed
Priyadarshini Dental College applied for renewal of its fourth‑year BOS course permission for 2010‑11. The Dental Council of India (DCI) found deficiencies and recommended non‑renewal, leading the Central Government to refuse the renewal. After a hearing ordered by the Madras High Court, the Central Government granted …
RANJU@ GAUTAM GHOSHversusREKHA GHOSH & ORS.
2007 INSC 130614 December 2007Dismissed
The landlord filed a suit for eviction and mesne profits against the tenant under the West Bengal Premises Tenancy Act, 1956. The trial court held that the notice to quit was invalid and dismissed the suit. On appeal, the lower appellate court and the High Court found that a valid one‑month notice had been served, the …
RAVIKANT S. PATILversusSARVABHOUMA S. BAGALI
2006 INSC 84314 November 2006Appeal(s) allowed
The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that he could file his no…
KERALA STATE HOUSING BOARD & ORS.versusKERALA STATE HOUSING BOARD, NELLIKODE HOUSING COLONY ALLOTTEES ASSN. & ORS.
2011 INSC 68514 September 2011Appeal(s) allowed
The Kerala State Housing Board (the Board) acquired land in the mid‑1980s for housing schemes and, while compensation disputes were pending under Section 18 of the Land Acquisition Act, 1894, entered into sale agreements with allottee buyers that required payment of the difference between a tentative price and a final …
STATE OF WEST BENGAL AND ORS.versusDEBASISH MUKHERJEE AND ORS.
2011 INSC 68414 September 2011Disposed off
The case concerned a group of senior Lower Division Assistants (LDAs) who sought to have their pay stepped up to match that of a junior employee, Gopinath Dey, invoking West Bengal Service Rule 55(4). The Court found that Dey had been erroneously granted a higher pay scale and that the two conditions for Rule 55(4) – b…
D. VENKATASUBRAMANIAM AND ORS.versusM.K. MOHAN KRISHNAMACHARI AND ANR.
2009 INSC 113214 September 2009
The case arose from a dispute over a Memorandum of Understanding for the sale of land, after which the respondent lodged an FIR against the appellants for offences under sections 406 and 420 IPC. The police began investigating, but the respondent filed a petition under Section 482 of the CrPC seeking directions for the…
STATE OF GOA & ANR.versusGOPAL BABURAO GAUDO & ORS.
2009 INSC 113414 September 2009Dismissed
The State of Goa sought compensation for a 2,715 sq. m. strip of land acquired for the Panda By‑pass road, arguing that because the land lay within the 40‑metre prohibited‑construction zone alongside a highway it had no development potential and therefore should be valued as valueless. The Supreme Court held that such …
GOVERNMENT OF AP. & ANR.versusN. RAMANAIAH
2009 INSC 81614 May 2009Appeal(s) allowed
The respondent, N. Ramanaiah, an Assistant Engineer, was found to have misappropriated bitumen worth over Rs. 40 lakh. A departmental enquiry proved the charge, after which the Government of Andhra Pradesh, with the concurrence of the State Public Service Commission, dismissed him under the Andhra Pradesh Civil Service…
SENIOR LAW MANAGER, INDIAN OIL CORPORATION LTD. AND ANR.versusGURU SHAKTI SINGH AND ANR.
2011 INSC 12314 February 2011Appeal(s) allowed
Indian Oil Corporation (IOC) advertised an LPG distributorship and, after interviews, prepared a merit panel placing Guru Shakti Singh first and Sardar Mahinder Singh second. Mahinder Singh complained that the selection committee had awarded him lower marks despite meeting the criteria, and filed a writ petition which …
UNION TERRITORY ADMINISTRATION, CHANDIGARH & ORS.versusMRS. MANJU MATHUR & ANR.
2011 INSC 5114 January 2011Appeal(s) allowed
The respondents, a Senior Dietician and a Dietician employed by the Union Territory Administration of Chandigarh, claimed that their pay scales should be brought at par with those of their counterparts in the Government of Punjab, invoking the doctrine of equal pay for equal work. The High Court had directed the Union …
MANOHAR SINGHversusD.S. SHARMA & ORS.
2009 INSC 123413 November 2009Appeal(s) allowed
Manohar Singh filed a suit for damages against his former employer NTPC and its General Manager. During the trial he repeatedly sought adjournments, prompting the trial court to levy costs under Section 358 of the Code of Civil Procedure (CPC) for causing delay. The plaintiff failed to pay the costs despite several ext…
M/S SAGAR SUGARS & ALLIED PRODUCTS LTD.versusTHE TRANSMISSION CORPORATION OF A.P. LTD. & ORS.
2011 INSC 76013 October 2011Disposed off
The appellant, Sagar Sugars & Allied Products Ltd., entered into a Power Purchase Agreement (PPA) with the Transmission Corporation of Andhra Pradesh Ltd. to sell electricity generated from bagasse. The sugar plant was not operational between 13 January 2003 and 21 January 2004, raising a dispute over whether the unuti…
THE STATE OF WEST BENGAL AND OTHERSversusSK. NAZRUL ISLAM
2011 INSC 76213 October 2011Appeal(s) allowed
The West Bengal Police recruited constables and placed the respondent on the provisional select list. He was medically fit and submitted a verification roll stating he had never been arrested, but an enquiry revealed his involvement in a criminal case under IPC sections 148, 323, 380, 448, 427 and 506, for which a char…
STATE BANK OF INDIAversusRAM LAL BHASKAR & ANR
2011 INSC 75813 October 2011Appeal(s) allowed
COLLECTOR, BILASPURversusAJIT P. K. JOGI & ORS.
2011 INSC 76313 October 2011Case Partly allowed
The case concerned a complaint before the National Commission for Scheduled Castes and Scheduled Tribes that Ajit P.K. Jogi had fraudulently obtained Scheduled Tribe certificates and contested elections from reserved constituencies. The Commission held a hearing, recorded a finding that Jogi’s certificates were false, …
DR. T. VARGHESE GEORGEversusKORA K. GEORGE & ORS.
2011 INSC 76413 October 2011Dismissed
The case concerned the T. Thomas Educational Trust, founded by a Christian philanthropist to run schools and a college. After the founder's death, allegations of mis‑management by his widow led three interested persons to file a suit under Section 92(1)(g) of the Code of Civil Procedure seeking a scheme for the trust. …
TRILOK SUDHIRBHAI PANDYAversusUNION OF INDIA & ORS.
2011 INSC 76513 October 2011Appeal(s) allowed
The appellants, land owners, challenged the appointment of Shri V.I. Gohil as the Competent Authority under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, arguing that his salary, allowances, accommodation and transport were paid by the private gas‑pipeline company whose project …
RAIWAD MANOJKUMAR NIVRUTTIRAOversusSTATE OF MAHARASHTRA & ANR.
2011 INSC 76713 October 2011Case Partly allowed
The appellant, a clerk in NABARD, was issued a caste certificate by a Tehsildar stating he belonged to the 'Koli Mahadeo' tribe, which was then recognized as a Scheduled Tribe in Maharashtra. After his appointment to a reserved ST vacancy in 1992, the bank’s Caste Scrutiny Committee later concluded that he did not belo…
TRAMBAKESHWAR DEVASTHAN TRUST AND ANR.versusPRESIDENT, PUROHIT SANGH AND ORS.
2011 INSC 76813 October 2011Disposed off
The Trambakeshwar Devasthan Trust, a public trust under the Bombay Public Trusts Act, 1950, challenged the High Court's order that the Board of Trustees of the Trimbakeshwar temple should include representatives of the Tungars, Purohits and Pujaris. The appellants argued that these groups have a direct pecuniary intere…
UNITED INDIA INSURANCE CO. LTD.versusSHILA DATTA & ORS.
2011 INSC 75913 October 2011Reference answered
The Supreme Court examined whether a motor insurer can challenge a Motor Accident Claims Tribunal award on the quantum of compensation and whether it may join the vehicle owner in an appeal. The Court held that when an insurer is impleaded as a party‑respondent, it may contest the claim on any ground and may jointly ap…
SHAW WALLACE & CO. LTD. (NOW UNITED SPIRITS LTD.)versusNEPAL FOOD CORPORATION & OTHERS
2011 INSC 76613 October 2011Disposed off
The plaintiff, Nepal Food Corporation (NFC), sold parboiled rice to Ngoh Hong Hang (NHH) under a letter of credit that required presentation of on‑board bills of lading. The cargo was shipped on the vessels Pichit Samut and Eastern Grand, whose owner’s agent was Shaw Wallace & Co. Ltd. (Shaw Wallace). NFC sued Shaw Wal…
ASHOK PAL SINGH AND ORS.versusU.P. JUDICIAL SERVICES ASSOCIATION AND ORS.
2010 INSC 60413 September 2010Case Partly allowed
The Supreme Court examined a long‑standing dispute in the Uttar Pradesh Higher Judicial Service concerning the inter‑seniority of officers appointed by direct recruitment from the Bar and those promoted from the Nyayik Sewa and Judicial Magistrates. The petitioners sought to prevent direct recruit appointments until th…
UNION OF INDIA & ORS.versusTARSEM SINGH
2008 INSC 93013 August 2008Appeal(s) allowed
Tarsem Singh, invalidated from the Indian Army in 1983, sought disability pension. A single High Court judge in 2000 granted the pension and limited arrears to 38 months before the writ filing. Unsatisfied, Singh appealed, and the High Court Division Bench in 2006 ordered payment of arrears from 1983 (16 years) with 6%…
STATE OF UTTARANCHAL & ORS.versusKHARAK SINGH
2008 INSC 93313 August 2008Dismissed
The case involved a temporary forest guard, Kharak Singh, who was charged with illegal felling of trees and dismissed after a departmental enquiry. The enquiry officer, who had inspected the forest himself, acted as investigator, prosecutor and judge, and recommended dismissal without allowing the employee to examine w…
SHYAMWATI SHARMA & ORS.versusKARAM SINGH & ORS.
2010 INSC 40213 July 2010Appeal(s) allowed
A Sub‑Inspector aged 36 died in a motor accident, leaving six dependants who claimed compensation under the Motor Vehicles Act. The Motor Accident Claims Tribunal awarded Rs 14,44,600, which the Delhi High Court enhanced to Rs 14,65,776 by assuming future salary growth, a 30% tax deduction and a 13‑year multiplier. The…
SARVA SHRAMIK SANGHversusINDIAN OIL CORPORATION LTD. & ORS.
2009 INSC 48613 April 2009Appeal(s) allowed
The Sarva Shramik Sangh, representing canteen workers employed by a contractor of Indian Oil Corporation (IOC), first filed a writ petition seeking abolition of the contract labour system under the Contract Labour (Regulation and Abolition) Act, 1970, which was dismissed for want of prosecution. It then filed a second …
INTERNATIONAL AIRPORT AUTHORITY OF INDIAversusINTERNATIONAL AIR CARGO WORKERS UNION & ANR.
2009 INSC 48313 April 2009Appeal(s) allowed
The International Airport Authority of India (IAAI) terminated a licence with a private ground‑handling firm, after which the firm’s workers formed a cooperative society and entered into a contract‑labour agreement with IAAI. The workers later sought absorption as regular employees, alleging that the contract was a sha…
STATE OF RAJASTHAN & ORS.versusDAYA LAL & ORS.
2011 INSC 4313 January 2011Appeal(s) allowed
The Supreme Court examined appeals filed by the State of Rajasthan challenging High Court orders that had granted regularisation and salary parity to employees of aided hostels and part‑time cooks/chowkidars in government hostels. It held that employees of privately‑run aided hostels are not state employees and the gov…
STATE OF KERALA & ANR.versusB. SIX HOLIDAY RESORTS (P) LTD. & ETC.
2010 INSC 3913 January 2010Disposed off
The applicants, owners of a resort hotel, applied in 2000‑2001 for an FL‑3 licence under the Kerala Foreign Liquor Rules, which were repeatedly rejected. The Kerala High Court directed that the applications be decided according to the rules as they stood on the date of filing, holding the retrospective amendment adding…