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1538 judgments · newest first · showing 201–400

RAMA CHAUDHARYversusSTATE OF BIHAR

2009 INSC 454Dismissed

The appellant was convicted under sections of the IPC and the Arms Act, and during the trial the police submitted a supplementary charge‑sheet with eight new witnesses. The prosecution sought to summon these witnesses under Section 231 of the Cr.P.C., invoking the right to conduct "further …

ONKAR LALversusSTATE OF MADHYA PRADESH

2009 INSC 426Dismissed

Onkar Lal, the uncle of the deceased Ramchandra Patidar, was charged with murder under Section 302 IPC for stabbing the victim with a sword during a card game on a moonlit night. The FIR was lodged within an hour of the incident by a person with no animosity towards the accused, and the weapon was …

U.O.I.versusBAL MUKUND & ORS.

2009 INSC 427Dismissed

The case concerned the conviction of Bal Mukund, Basanti Lal and a third accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 based primarily on confessional statements recorded after a raid conducted on secret information. The Supreme Court held that the police failed to comply …

RAGHUVIR SINGH MATOLYA & ORS.versusHARI SINGH MALVIYA & ORS

2009 INSC 441Appeal(s) allowed

The appellant, a relative of the deceased Puspa Matolya, challenged the compensation awarded under Section 166 of the Motor Vehicles Act, 1988, arguing that the Tribunal and the High Court had failed to include the dearness allowance and house rent allowance in the deceased's income for computing …

CHUNDURU SIVA RAM KRISHNA AND ANR.versusPEDDI RAVINDRA BABU AND ANR.

2009 INSC 403Appeal(s) allowed

The Supreme Court examined a petition under Section 482 of the CrPC filed by several family members of a rice‑mill proprietor who were charged under IPC sections 406, 420 and 424 r/w 34 for allegedly cheating paddy suppliers. The High Court had rejected the petition, holding that a prima facie case …

INDIAN BANKSversusGODHARA NAGRIK COOP CREDIT SOCIETY LTD. & ANR. ETC. ETC.

2009 INSC 394Appeal(s) allowed

The Supreme Court was asked to clarify certain directions given in its 16 May 2008 judgment concerning the Indian Bank scam involving cooperative societies' fixed deposits (FDRs). The Court observed that, unlike the Bank of Baroda case, there was no Central Bureau of Investigation (CBI) probe in the …

HARIversusSTATE OF MAHARASHTRA

2009 INSC 385Dismissed

Hari, the appellant, was convicted under Section 302 IPC for murdering his cousin Khemsingh and sentenced to life imprisonment, with a co‑accused also convicted under Section 324. The appellant challenged the conviction on three grounds: a delay of a few hours in lodging the FIR, the prosecution’s …

VIMAL CHAND GHEVARCHAND JAIN & ORS.versusRAMAKANT EKNATH JAJOO

2009 INSC 387Appeal(s) allowed

The appellant partnership firm claimed title to four godowns in Nasik based on a registered deed of sale executed in 1974 by the respondent's father. The respondent occupied the property as a licencee and later contested the deed, alleging it was a security for a Rs.50,000 loan. The trial court …

BELLACHI (DEAD) BY LRversusPAKEERAN

2009 INSC 388Dismissed

Bellachi, a deceased woman represented by her legal heir, filed a suit challenging a sale deed executed in favour of her younger brother, alleging misrepresentation, undue influence, fraud and collusion. The trial court dismissed the suit for lack of specific pleadings under Order VI Rule 4 CPC and …

ABDULWAHAB ABDULMAJID BALOCHversusSTATE OF GUJARAT

2009 INSC 384Appeal(s) allowed

The appellant was part of a group that abducted Bhagvandas Sindhi and attempted to extort money; when the victim resisted, the appellant allegedly fired a revolver at him, causing a fatal head wound. The weapon and a bullet were later recovered, and a ballistic expert testified that the bullet was …

VISHWANATH BAPURAO SABALEversusSHALINIBAI NAGAPPA SABALE & ORS.

2009 INSC 390Dismissed

The case concerned a dispute over joint and self‑acquired properties of step‑brothers Bapurao and Shivappa. In 1955 four registered deeds – a partition deed, a sale deed and two settlement deeds – were executed, allegedly to protect Bapurao’s assets from creditors. After Shivappa’s death, the heirs …

JAISHREE ANANT KHANDEKARversusSTATE OF MAHARASHTRA

2009 INSC 391Dismissed

The victim Aruna suffered severe burns after the appellant Jaishree allegedly poured kerosene on her and set her alight; Aruna died fifteen days later. During her dying period she gave five dying declarations, which were recorded by medical staff and police. The trial court convicted Jaishree of …

NEW INDIA ASSURANCE CO. LTD.versusBISMILLAH BAI & OTHERS

2009 INSC 374Appeal(s) allowed

A passenger named Israel died when a Jeep insured by New India Assurance collided with an uninsured truck. The claimants filed a claim under Sections 166 and 140 of the Motor Vehicles Act. The Motor Accident Claims Tribunal found the truck driver negligent and exonerated the Jeep’s insurer because …

JAGADGURU ANNADANISHWARA MAHA SWAMIJIversusV.C. ALLIPUR & ANOTHER

2009 INSC 381Appeal(s) allowed

The appellant, a school, appealed an order of the Director of Pre‑University Education granting promotion to an assistant teacher (respondent No.1). The respondent filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the Director’s …

BINANI ZINC LIMITEDversusKERALA STATE ELECTRICITY BOARD AND OTHERS

2009 INSC 367Reference answered

Binani Zinc Ltd. challenged the Kerala State Electricity Board’s (KSEB) 2002 tariff revision order, arguing that after the Electricity Regulatory Commission Act, 1998 came into force, the Board no longer had authority to set tariffs until a State Electricity Regulatory Commission (KSERC) was …

M/S. GODREJ SARA LEE LTD.versusASSISTANT COMMISSIONER (AA) & ANR.

2009 INSC 361Appeal(s) allowed

M/s Godrej Sara Lee Ltd, a manufacturer of mosquito repellents, was assessed by the Kerala Value Added Tax (KVAT) authorities for the 2005-06 year at a 12.5% rate based on SRO No. 82/2006, which listed mosquito repellents as taxable at that rate. The company challenged the notification, arguing it …

STATE OF RAJASTHAN & ANR.versusS.N.TIWARI & ORS.

2009 INSC 344Dismissed

The respondent, an Investigator Grade‑II in the Department of Economic and Statistics, Government of Rajasthan, was declared surplus and deputed to the Directorate of Medical and Health Services where, on 3 December 1980, he was appointed on an urgent temporary basis as a Homeopathic Doctor under …

STATE OF PUNJABversusGURNAM KAUR AND ORS.

2009 INSC 328Dismissed

The police, during a nakabandi operation, apprehended a driver who disclosed that three others had fled. A search of the seized vehicle yielded heroin and opium, leading to a raid on the house of the alleged fugitives where narcotics were found in a box under a bed occupied by three women. The women …

MOHD. ASIFversusSTATE OF UTTARANCHAL

2009 INSC 336Dismissed

The appellant, Mohd. Asif, assaulted the deceased, Mohd. Saeed, with a knife in a cinema hall, causing a stab wound that required surgery. The victim died four days later, with the post‑mortem attributing death to pulmonary embolism, which the defence argued was an intervening cause unrelated to the …

STATE OF U.P. & ANR.versusRADHEY SHYAM RAI

2009 INSC 337Dismissed

The respondent, Radhey Shyam Rai, was dismissed from his post as Computer Officer in the Uttar Pradesh Ganna Kishan Sansthan, a society registered under the Societies Registration Act, and challenged the dismissal before the High Court, raising the question of whether the Sansthan is a 'State' …

PARMANAND PATEL (D) BY LR. & ORS.versusSUDHA A. CHOWGULE & ORS.

2009 INSC 338Disposed off

The Supreme Court examined an appeal challenging a Bombay High Court interim order that appointed the High Court’s Official Receiver for the assets of a company and gave Sudha A. Chowgule exclusive powers to execute documents and induct tenants. The Court reiterated that under Order 40 Rule 1 of the …

ABDUL RAHIM & ORS.versusSK. ABDUL ZABAR & ORS.

2009 INSC 331Appeal(s) allowed

The father, Haji Sk. Abdullah, executed a registered gift deed on 21‑02‑1973 in favour of his younger son Abdul Razak, transferring a house that was let out to tenants. After the father's death, Razak died and his heirs (the appellants) succeeded to his interest. The elder son (respondent No.1) …

BHUWAN SINGHversusM/S ORIENTAL INSURANCE COMPANY LTD. & ANR.

2009 INSC 320Dismissed

The owner of a tractor, who was also driving it, caused a fatal accident on 5 January 2001. The claimants obtained a motor accident claim award of Rs.1.32 lakh. The insurer refused to reimburse, arguing that the driver did not hold a valid licence because his learner's licence had expired on 22 …

RANI ALOKA DUDHORIA AND OTHERSversusGOUTAM DUDHORIA AND OTHERS

2009 INSC 321Appeal(s) allowed

The Supreme Court examined a long‑running partition suit involving three immovable properties. The parties had agreed to an inter‑party auction without a formal valuation, but the Commissioner of Partition and the Calcutta High Court failed to comply with mandatory provisions of the Partition Act, …

M/S BOC INDIA LTD.versusSTATE OF JHARKHAND & ORS.

2009 INSC 322Appeal(s) allowed

M/s BOC India Ltd., a manufacturer and dealer of oxygen gas, supplied the gas to M/s Tata Iron & Steel Co. Ltd. (TISCO) for steel production. Oxygen was listed in BOC's registration certificate as a good taxable at 3%, but later notifications reduced the rate for raw materials used directly in …

V.K. ASHOKANversusASSTT. EXCISE COMMNR. & ORS.

2009 INSC 323Appeal(s) allowed

The appellants, who were granted toddy‑shop licences for one financial year, were found to have mixed diazepam in toddy, an offence under the Kerala Abkari Act, leading to cancellation of their licences under Rule 6(30) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. The State then …

NAWAB SHAQAFATH ALI KHAN & ORS.versusNAWAB IMDAD JAH BAHADUR & ORS.

2009 INSC 325Disposed off

The dispute concerned the interpretation of the H.E.H. Nizam's Jewellery Trust deed, incorporated by the Nizam's Trust Deeds (Validation) Act, 1950, particularly clauses dealing with the "Remaining Sons' Fund" and "Remaining Daughters' Fund". Original petitions under Sections 56 and 61 of the Indian …

MAHESH CHOUDHARYversusSTATE OF RAJASTHAN & ANR.

2009 INSC 296Dismissed

Mahesh Chaudhary, a partner of a carpet exporting firm, was alleged to have withheld commission payable to another firm under a 10% commission agreement, leading to a complaint of criminal breach of trust, cheating and forgery. A magistrate ordered an FIR and later took cognizance of offences under …

SYED ASKARI HADI ALI AUGUSTINE IMAM & ANR.versusSTATE (DELHI ADMN.) & ANR.

2009 INSC 290Dismissed

The appellants sought registration and mutation of a will dated 3 May 1998, which was contested by the testatrix's heir in both civil and criminal proceedings alleging forgery. While the criminal case (IPC 420, 468, 444, 34) was instituted before the probate suit under the Indian Succession Act, the …

V. LAXMINARASAMMAversusA. YADAIAH (DEAD) & ORS.

2009 INSC 291Disposed off

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the Special Tribunal or Special Court created under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 could decide questions of adverse possession. The Court examined the provisions of the Act, its …

U.P. POWER CORPORATION LTD.versusNATIONAL THERMAL POWER CORPORATION LTD. AND ORS.

2009 INSC 292Appeal(s) allowed

The dispute concerned whether the National Thermal Power Corporation (NTPC) could have the arrears of salary revision for its employees, payable with retrospective effect from 1997, included in the tariff for its Korba and Dadri power stations for the years 1997-2000. NTPC filed tariff applications …

KAUSAL YABAI & AKKABAI (DEAD) BY LRS.versusHARISHCHANDRA MUNNALAL GUPTA

2009 INSC 297Disposed off

The suit was filed by the brother, Harishchandra Gupta, seeking possession of a house on the basis that he held a permanent lease granted by the Naib Tehsildar on 30‑Nov‑1979. The sister, Kausalya Bai, contended that she was a licensee and later claimed title by adverse possession, while also …

MAN SINGHversusCOMMNR. GARHWAL MANDAL, PAURI & ORS.

2009 INSC 298Dismissed

Man Singh had been employed intermittently as a peon on short‑term contracts from 1989 to 1996. In 1995 his name was placed on the wait‑list for a regular post after being called from the Employment Exchange, but was later removed and replaced by another candidate who had higher marks. His services …

COMMISSIONER OF CENTRAL EXCISE, NOIDAversusM/S. ACCURATE METERS LTD.

2009 INSC 293Dismissed

Accurate Meters Ltd supplied electric meters to various State Electricity Boards under two distinct contracts – one for the supply of meters and another for their transportation and insurance. The contracts stipulated that freight and insurance charges would be levied at average rates, not on actual …

Y. VENKAIAHversusSTATE OF A.P.

2009 INSC 294Dismissed

The appellants, who were public servants in the Andhra Pradesh Social Welfare Department, were accused of conspiring to withdraw government scholarship funds using fictitious student names, thereby cheating and misappropriating public money. They were charged under IPC sections 120‑B, 420, 468, …

RAMATHAL & ORS.versusINSPECTOR OF POLICE & ANR.

2009 INSC 307Disposed off

The appellants, Ramathal and others, were charged under Sections 120‑B and 420 IPC for allegedly cheating a buyer by misrepresenting the status of a mortgaged property and receiving a large advance. Anticipating arrest, they filed an application for anticipatory bail under Section 438 of the Code of …

I. GLASKASDEN GRACE & ORS.versusINSPECTOR OF POLICE & ANR.

2009 INSC 308Disposed off

The appellants, accused of forging documents and cheating a complainant of Rs.62.62 lakh in a property transaction, sought anticipatory bail under Section 438 of the CrPC. The Madras High Court granted bail on the condition that they deposit title deeds worth Rs.20 lakh and furnish a personal bond. …

FIDA HUSSAIN BOHRAversusTHE STATE OF MAHARASHTRA

2009 INSC 309Appeal(s) allowed

The appellant, Fida Hussain Bohra, was accused of embezzling approximately Rs. 26 crore and was granted anticipatory bail by an Additional Sessions Judge subject to conditions. He complied with those conditions, and the investigating agency later agreed to relax them. The High Court set aside the …

C.K. SASANKANversusTHE DHANALAKSHMI BANK LTD.

2009 INSC 273Case Partly allowed

The appellant, C.K. Sasankan, sought recovery of a loan taken by his father from Dhanalakshmi Bank and challenged the interest awarded by the Debt Recovery Tribunal, which was 25% from filing to judgment and 19.4% thereafter. He argued that such rates were excessive and violated Section 34 of the …

NIFTY CHEMICALS PVT. LTD.versusUNION OF INDIA

2009 INSC 274Disposed off

The petitioners, non‑core linked coal consumers, had paid an extra amount (one‑third of the enhanced price) under an interim Supreme Court order pending the validity of the E‑auction scheme. The scheme was later declared ultra vires of Article 14 and the coal company undertook to refund the extra …

PAWANversusSTATE OF UTTARANCHAL

2009 INSC 268Dismissed

The case involves the rape and murder of a six‑year‑old girl whose body was discovered after four accused were seen throwing it from a gunny bag. The trial court convicted the accused under IPC sections 302, 34, 201, 34, 376 and 377 based solely on circumstantial evidence and sentenced them to …

BHAGWAN KR I SHAN GUPTAversusPRABHA GUPTA & ORS.

2009 INSC 262Dismissed

The dispute arose between the heirs of Murari Lal Gupta (the testator) and the family of his brother Girdhari Lal Gupta over a property jointly owned by the brothers. The testator's will declared that the ground floor would vest in his four sons and the first floor in Girdhari's family, with both …

SATBIR SINGH & ORS.versusSTATE OF U.P.

2009 INSC 263Dismissed

The Supreme Court upheld the conviction of several accused who, amid a long‑standing family feud, assaulted and murdered Jagbandhan and Randhir and injured Mithan. The prosecution proved the offences under Sections 302, 149, 148 and 323 of the IPC using eye‑witness testimony, medical evidence and …

SAROJ ANAND & ORS.versusPRAHLAD RAI ANAND & ORS.

2009 INSC 264Dismissed

The case involved a partition suit among members of a joint family where counsel Y.K. Kapoor, appearing for all defendants, stated in court on 14 October 1999 that the defendants did not dispute the plaintiff's share in all the properties and were willing to sell them. A preliminary decree was …

STATE OF KARNATAKA & ORS.versusG.V. CHANDRASHEKAR

2009 INSC 267Disposed off

The Supreme Court examined whether employees appointed on an ad‑hoc basis could be regularised in service. The respondents, who had served for more than ten years in various posts, sought regularisation with all consequential benefits after their applications were rejected by the State. The High …

STATE OF KERALA & ANR.versusMAHESH KUMAR & ORS.

2009 INSC 239Dismissed

The State of Kerala introduced a "direct payment system" for staff of Dr. Padiar Memorial Homoeopathic Medical College, fixing 40 senior teaching and 50 non‑teaching staff for salary payment. Eight teaching staff members (the respondents) were excluded from the list despite holding recognized …

STATE OF KERALA & ANR.versusNAVEENA PRABHU & ORS.

2009 INSC 240Appeal(s) allowed

The State of Kerala entered into an agreement with Dr. Padiar Memorial Homoeopathic Medical College to introduce a 'direct payment system' for its teaching and non‑teaching staff, effective from 1 January 2000. Subsequent Government Orders expressly excluded the staff of the hospital attached to the …

UNION OF INDIA & ORS.versusB. ANNATHURAI & ANR.

2009 INSC 229Appeal(s) allowed

The Union of India appealed against orders of the Central Administrative Tribunal and the Madras High Court which had directed the Department of Space (ISRO) to devise a new format for recording Departmental Promotion Committee (DPC) minutes and to review the promotion cases of two employees, B. …

MOHD. SOHRAB KHANversusALIGARH MUSLIM UNIVERSITY & ORS.

2009 INSC 232Disposed off

Aligarh Muslim University advertised a Lecturer in Chemistry post requiring a First Class Master's in the appropriate branch, understood to mean pure Chemistry. The appellant, Mohd. Sohrab Khan, held a Master's in pure Chemistry, while the selected candidate, Merajuddin Ahmad, held a Master's in …

AL CHAMPDANY INDUSTRIES LIMITEDversusTHE OFFICIAL LIQUIDATOR & ANR.

2009 INSC 220Appeal(s) allowed

Al Champdany Industries Limited purchased the assets of a company in liquidation. After the sale was confirmed, Bhatpara Municipality claimed arrears of property tax for periods before the sale and sought payment from the purchaser. The High Court held that the sale terms "as is where is" imposed a …

RENUKAversusSTATE OF KARNATAKA & ANR.

2009 INSC 205Disposed off

A complaint was lodged alleging that the accused assaulted the complainant, leading to a charge sheet and issuance of processes. The trial magistrate, invoking Section 258 of the Code of Criminal Procedure (CrPC), stopped the proceedings because the accused's whereabouts were unknown, without …

CITY MONTESSORI SCHOOLversusSTATE OF UTTAR PRADESH & ORS.

2009 INSC 206Dismissed

The City Montessori School occupied 23,000 sq ft of land in Lucknow, of which 6,000 sq ft was held by a predecessor lessee. The State of Uttar Pradesh acquired the entire land under the Land Acquisition Act, 1894, issuing notifications under Sections 4 and 6, which were later challenged. The High …

M/S. RAMPUR FERTILISER LTD.versusM/S. VIGYAN CHEMICALS INDUSTRIES

2009 INSC 207Disposed off

MIS. Rampur Fertiliser Ltd. sued M/s. Vigyan Chemicals Industries for unpaid bills and claimed interest at 18% per annum. During the pendency of the suit, the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 came into force (23‑Sept‑1992) and the plaintiff …

ORIENTAL INSURANCE CO. LTD.versusANGAD KOL AND ORS.

2009 INSC 209Appeal(s) allowed

The heirs of Genda Bai, who died after being struck by a goods carriage vehicle, claimed compensation under the Motor Vehicles Act, 1988. Oriental Insurance Co. denied liability, contending that the driver, Umesh Gupta, did not hold a valid licence to drive a goods vehicle, thereby breaching the …

USHA RAJKHOWA & ORS.versusPARAMOUNT INDUSTRIES & ORS.

2009 INSC 198Appeal(s) allowed

The case involved a fatal collision between a Maruti car and a truck, resulting in the death of the car driver. The claimants, dependents of the deceased, sought compensation, but the Motor Accident Claims Tribunal limited the award to 50% of the assessed amount on the basis of alleged contributory …

AZHAR SULTANAversusB. RAJAMANI & ORS.

2009 INSC 200Disposed off

Azhar Sultana entered into a sale agreement with Ramesh Chand Khanna and paid an advance of Rs 30,000. While the agreement was pending, Khanna sold the same property to defendants 5 and 6 by a registered deed, after which the plaintiff filed a suit for specific performance of her original agreement. …

SNEH GUPTAversusDEVI SARUP & ORS.

2009 INSC 201Dismissed

The appellant, Sneh Gupta, an heir of Munni Devi, challenged a compromise decree that had been entered into by the original plaintiff Veena Nirwani and certain defendants during the pendency of two suits concerning land mutation and alleged fraud. The compromise resulted in the withdrawal of both …

MADAN MOHAN MISHRAversusCHANRIKA PANDEY (DEAD) BY LRS.

2009 INSC 202Dismissed

The appellant, Madan Mohan Mishra, filed a suit in 1994 seeking to set aside a deed of gift concerning agricultural lands, alleging the deed was void. Earlier, a suit filed in 1969 concerning the same lands was abated by an order dated 17 July 1973 under the Uttar Pradesh Consolidation of Holdings …

TILAK RAJversusBAIKUNTHI DEVI (D) BY LRS.

2009 INSC 192Appeal(s) allowed

The appellant, Tilak Raj, claimed a half‑share in land bequeathed to him by his grandmother's will and in land that had been acquired by the Fertilizer Corporation of India (FCI) and later returned as surplus. The decree in the earlier suit mistakenly described the land as Khasra No. 25R/52 instead …

GOPIKA CHANDRABHUSHAN SARAN & ANR.versusM/S. XLO INDIA LTD. & ANR.

2009 INSC 182Dismissed

The case concerned a residential flat allotted to Mr C.B. Saran, a managing director of XLO India Ltd., which after his resignation and death was occupied by his heirs (the appellants). The company filed a criminal complaint under Section 630 of the Companies Act, 1956 alleging wrongful withholding …

RUR SINGH (D) TH. LRS. & ORS.versusBACHAN KAUR

2009 INSC 156Appeal(s) allowed

The case concerned a Will executed by a villager, Kehar Singh, bequeathing his agricultural lands to his sons, which was challenged by his daughter Bachan Kaur on the ground that the Will was not duly executed and was surrounded by suspicious circumstances. The trial court and the first appellate …

CC (PREVENTIVE) AMRITSARversusM/S. MALWA INDUSTRIES LTD

2009 INSC 157Dismissed

The appellant, a customs preventive authority, challenged the exemption granted to M/s Malwa Industries Ltd under Notification No. 4/2006‑CE dated 1 March 2006, which provided a nil rate of additional duty on certain imported goods used in the same factory. The issue was whether the phrase “same …

CHAIRMAN, GANGA YAMUNA GRAMIN BANK & ORS.versusDEVI SAHAI

2009 INSC 158Appeal(s) allowed

The employee, Devi Sahai, was dismissed by Ganga Yamuna Gramin Bank, a Regional Rural Bank, on charges of misconduct after he failed to attend a departmental inquiry. He challenged the dismissal before the High Court, contending that the bank had not followed disciplinary procedures prescribed in …

UNION OF INDIAversusDHARAM PAL ETC.

2009 INSC 159Appeal(s) allowed

The Union of India appealed against a High Court order that upheld a tribunal’s direction to regularise the services of several railway clerks who had been appointed on an ad‑hoc basis. The respondents had been officiating as Material Checking Clerks (MCC) from 1986 without complying with the …

RAGHAVENDRA RAO ETC.versusSTATE OF KARNATAKA & ORS.

2009 INSC 162Dismissed

The appellants, appointed as Patwaris/Nillage Accountants by a Tehsildar/Assistant Commissioner, sought regularisation of their services under the Karnataka Civil Services (Special Recruitment of Local Candidates) Rules, 1986. The State contended that the 1986 Rules were inapplicable because the …

U.P. STATE ROAD TRANSPORT CORPORATIONversusASSISTANT COMNR. OF POLICE (TRAFFIC) DELHI

2009 INSC 164Appeal(s) allowed

The U.P. State Road Transport Corporation (UP SRTC) challenged the suspension of its inter‑state bus permit by the Assistant Commissioner of Police (Traffic), Delhi, alleging that the officer lacked jurisdiction under the Motor Vehicles Act, 1988. The Supreme Court examined whether directions issued …

PEETHANI SURYANARAYANA & ANR.versusREPAKA VENKATA RAMANA KISHORE & ORS.

2009 INSC 178Dismissed

The appeal arose from a partition suit concerning a joint family property where the appellants had purchased undivided shares from certain defendants. A preliminary decree and a final decree were passed, both attaining finality. After the final decree, the decree holder sought to amend the decree to …

SHARADversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 179Dismissed

The appellant, appointed as a District Transport Officer in 1984 on probation, was required by the District Transport Officers (Motor Vehicle Department) Department Examination Rules, 1984 to pass a departmental examination within two years and three chances. He failed to pass within the prescribed …

J. KUMARADASAN NAIR & ANR.versusIRIC SOHAN & ORS.

2009 INSC 165Appeal(s) allowed

The case involved an appeal by J. Kumaradasan Nair & Anr. against Iric Sohan & Ors. concerning the applicability of Section 14 of the Limitation Act, 1963, after the appellants had prosecuted appeals in the wrong forum and cited an incorrect provision. The Kerala High Court had held that Section 14 …

CHAMAN LAL SINGHALversusHARYANA URBAN DEVELOPMENT AUTHORITY & ORS.

2009 INSC 120Disposed off

The appellant applied for a residential plot from HUDA, received an allotment letter requiring payment of 15% of the price within 30 days and the balance within 60 days or in installments. He failed to make the required payment or communicate acceptance, leading HUDA's Estate Officer to cancel the …

RITU MAHAJANversusINDIAN OIL CORPORATION & ORS.

2009 INSC 132Disposed off

Indian Oil Corporation advertised a retail outlet (petrol pump) at Dhariwal reserved for women, stating that, other things being equal, preference would be given to unmarried women above 40 years and widows. Ritu Mahajan, a 28‑year‑old married engineer, applied along with Smt. Rani Gauba, a …

EERATI LAXMANversusSTATE OF A.P.

2009 INSC 61Appeal(s) allowed

Eerati Laxman was convicted of murder under s.302 IPC for killing Pittala Chandrakala on 9 May 1994 and sentenced to life imprisonment. He contended that he was a juvenile under the Juvenile Justice Act, 1986, claiming his birth date was 10 May 1978, and thus had not attained the age of 16 at the …

GIRDHAR KUMAR DADHITCH AND ANR.versusST ATE OF RAJASTHAN AND ORS.

2009 INSC 68Dismissed

The appellants sought appointment to two vacant Physical Education Teacher posts after a 1998 recruitment, claiming they were entitled under the merit list prepared that year. The recruitment rules granting bonus marks were declared unconstitutional by the Rajasthan High Court in 1999, and the …

AMLAN JYOTI BOROOAHversusSTATE OF ASSAM AND ORS.

2009 INSC 69Dismissed

The Assam Police advertised 112 Sub‑Inspector vacancies requiring a written test, a physical ability test and an interview, with the interview to follow the two tests. The Selection Committee, however, conducted interviews before the physical test, a procedural deviation the Supreme Court held to be …

ACADEMY OF GENERAL EDU., MANIPAL & ANR.versusB. MALINI MALLYA

2009 INSC 56Dismissed

Dr. Karanth, a noted cultural figure, created a new form of Yakshagana ballet called Yaksharanga, comprising seven Prasangas, and bequeathed the copyright in these works to Malini Mallya by a will. The Academy of General Education performed the ballets without obtaining permission, leading the trial …

ORIENTAL INSURANCE CO. LTD.versusRAM PRASAD VARMA & ORS.

2009 INSC 24Disposed off

Ram Prasad Varma, a 55‑year‑old ONGC employee, lost both legs in a motor vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 19.63 lakhs using the structured formula in the Second Schedule with a multiplier of eight and 12% …

V.V.G. REDDYversusAPSRTC, NIZAMABAD REGION & ANR.

2009 INSC 25Dismissed

V.V.G. Reddy, a bus conductor employed by the Andhra Pradesh State Road Transport Corporation, was dismissed following disciplinary proceedings. The Labour Court, on a consent award, ordered his reinstatement with continuity of service but expressly denied back wages and attendant benefits. Reddy …

UNION OF INDIA AND ORS.versusSHANTIRANJAN SARKAR

2009 INSC 27Dismissed

Shantiranjan Sarkar, a member of a Scheduled Caste, applied for the post of Postman/Mail Guard in the Andaman and Nicobar Islands and later for promotion to Peon/Group D. He obtained more than the 30% cut‑off prescribed for SC/ST candidates but less than the 45% required for the open category, and …

HARBANS SINGH & ORS.versusSANT HARI SINGH & ORS.

2009 INSC 28Dismissed

The dispute concerned the management of Gurudwara Sant Bela Sahib Patshahi, where the Mohtim, Sant Hari Singh, claimed exclusive control and the Managing Committee claimed joint management. Two suits—one by the Mohtim and one by the Managing Committee—were consolidated and heard together; the trial …

PAUL ENTERPRISES & ORS.versusRAJIB CHATTERJEE & CO. & ORS.

2009 INSC 29Dismissed

The case concerned the meaning of "unemployed youth" in a West Bengal Excise Order that reserved liquor‑shop licences for firms formed by such persons. Paul Enterprises and others (appellants) challenged the grant of a licence to Rajib Chatterjee and others (respondents), arguing that the …

MOHAN SINGHversusKASHI BAI & ORS.

2009 INSC 30Dismissed

The case arose from a motor accident on 21 November 1999 in which a jeep driven by Mohan Singh collided with a truck, resulting in the deaths of three persons. The victims' heirs filed claims for compensation under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal …

REVENUE DIVISIONAL OFFICER-CUM-L.A.O.versusSHAIK AZAM SAHEB ETC. ETC.

2009 INSC 20Case Partly allowed

The State acquired 87.96 acres of agricultural land in villages Pasupula and B. Thandrapadu, about 4 km from Kurnool district headquarters and abutting National Highway 18, for establishing Sri Krishna Devaraya University. The Collector initially awarded Rs 16,000 and Rs 15,000 per acre …

JHARU RAM ROYversusRAMJIT ROY AND ORS.

2009 INSC 32Dismissed

The dispute involved the sale of 4 Bighas of agricultural land by Rajiv Lochan Roy in 1982, who falsely claimed his father Nakho Ram was dead, while the father was alive until 1990. The buyer, Jharu Ram Roy (appellant), was aware of the fraud. The other son, Ramjit Roy, filed a suit to set aside the …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION --I & ANR.versusBAL MUKUND BAIRWA

2009 INSC 14Reference answered

The Rajasthan State Road Transport Corporation (a State corporation) terminated several employees and the employees filed civil suits alleging violation of natural‑justice principles and statutory regulations. The Supreme Court was asked to resolve a conflict between earlier judgments on whether …

M/S. B.S.N. JOSHI & SONS LTD.versusAJOY MEHTA & ANR.

2008 INSC 1495Disposed off

The Supreme Court examined a contempt petition filed by M/s B.S.N. Joshi & Sons Ltd. after MAHAGENCO refused to award it a coal‑transport contract despite a prior Supreme Court order (31‑Oct‑2006) directing a fresh assessment of its eligibility. The petitioners alleged that the respondents …

RAMDEO KAHAR & ORS.versusSTATE OF BIHAR

2008 INSC 1496Dismissed

The case involved eleven accused who, armed with firearms, went to a field in search of a man named Patali, but instead killed Mauji Yadav. The prosecution proved the murder through the testimony of six eye‑witnesses, two injured witnesses and a post‑mortem report showing a gunshot wound. The three …

C.S.I.R & ORS.versusRAMESH CHANDRA AGRAWAL & ANR.

2008 INSC 1497Appeal(s) allowed

The Supreme Court examined a scheme framed by CSIR for the absorption/regularisation of researchers who had completed at least 15 years of research work, with a cut‑off date of 2 May 1997. The petitioners (researchers) argued that the cut‑off date and the 15‑year requirement were arbitrary, …

SHARON MICHAEL AND ORS.versusSTATE OF TAMIL NADU AND ANR.

2008 INSC 1498Appeal(s) allowed

The case arose from a contract for the export of garments from India to Germany. The German buyer rejected the goods as defective, and the supplier (Respondent No.2) alleged that employees of the certifying agent company (the appellants) failed to pay the value of the exported garments. A complaint …

PREMKUMAR & ORS.versusSTATE OF KERALA

2008 INSC 1499Case Partly allowed

The deceased Jeeja, married to appellant Premkumar, died by suicide in Tamil Nadu on 14 Feb 2003. Her father‑in‑law reported the death to the Courtallam police (Tamil Nadu) who registered a case under s.174 CrPC and concluded it was a suicide due to mental illness, halting further investigation. The …

HARENDRA NATH CHAKRABORTYversusSTATE OF WEST BENGAL

2008 INSC 1500Dismissed

Harendra Nath Chakraborty, a licensed kerosene dealer, was convicted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for failing to display stock and price lists and for not maintaining the stock register as required by the West Bengal Kerosene Control Order, 1968 and the West …

G. JAYASHREE & ORS.versusBHAGWANDAS S. PATEL & ORS.

2008 INSC 1501Dismissed

The appellants (joint purchasers) entered into an agreement of sale with the respondents (vendors) for land development, which required the purchasers to obtain a layout plan. After disputes, one co‑purchaser entered into a compromise with the vendors, effectively rescinding his part of the …

ROOP SINGH NEGIversusPUNJAB NATIONAL BANK & ORS.

2008 INSC 1502Appeal(s) allowed

The appellant, a peon of Punjab National Bank, was accused of stealing a blank draft issue book. After a five‑year delay, a departmental enquiry found him guilty, relying mainly on a purported confession recorded by police, which the appellant claimed was obtained under duress. The disciplinary …

ASRAF ALLIversusM/S. NAVEEN HOTELS LTD. & ANR.

2008 INSC 1503Case Partly allowed

The appellant, Asraf Alli, was 15 years old when he suffered a left lower‑limb amputation in a road accident. The Motor Accident Claims Tribunal accepted his actual monthly income as Rs 3,000, applied a 70% loss of earning capacity and a multiplier of 18, awarding Rs 4,53,600 as compensation. The …

LALITABEN JAYANTILAL POPATversusPRAGNABEN JAMNADAS KATARIA & ORS.

2008 INSC 1504Appeal(s) allowed

The Supreme Court heard an appeal against a Gujarat High Court order that granted probate of a Will dated 18 June 1995 executed by the deceased Jayantilal Kataria. The appellant contended that the Will was not validly attested because Section 63(c) of the Indian Succession Act, 1925 requires two or …

PRAMILA SUMANSINGH THAKURversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1505Dismissed

The appellant, a developer, sought a No‑Objection Certificate (NOC) for a composite slum‑rehabilitation scheme covering two plots, one of which (Plot 559) was reserved for recreational use. The Slum Rehabilitation Authority rejected her application, stating it was deficient and that Annexure‑II for …

M/S BADRI KEDAR PAPER PVT. LTD.versusU.P. ELECTRICITY REGULATORY COMMN. & ORS.

2008 INSC 1506Case Allowed

The appellant, M/s Badri Kedar Paper Pvt Ltd, challenged the withdrawal of a circular issued by U.P. Power Corporation Ltd that affected the surcharge for a guaranteed 500‑hour power supply. The issue was whether the Uttar Pradesh Electricity Regulatory Commission (UPERC) alone has exclusive …

SAMADHAN DHUDAKA KOLIversusSTATE OF MAHARASHTRA

2008 INSC 1469Appeal(s) allowed

The appellant, Samadhan Dhudaka Koli, was convicted under s.302 IPC for the death of his wife Janabai, who died from severe burn injuries. Three dying declarations were recorded: the first before a police constable describing an accidental fire, the second before a Judicial Magistrate (not produced …

CHETU & ANR.versusSTATE OF MADHYA PRADESH

2008 INSC 1470Appeal(s) allowed

The appellants, Chetu, Lalu and their father Chintu, were convicted by the trial court and the Madhya Pradesh High Court for murder, wrongful confinement and arson under IPC sections 302, 342 and 436, based on an FIR lodged by the victim's son. On appeal before the Supreme Court, the Court examined …

LAL SURAJ @ SURAJ SINGH & ANR.versusSTATE OF JHARKHAND

2008 INSC 1472Appeal(s) allowed

The case arose from an FIR that named seven persons for offences under the IPC, Arms Act and Explosive Substances Act, but only one appellant was specifically named. No charge‑sheet was filed against two other alleged participants, Suraj Singh and Arbind Singh. The Sessions Judge, relying on the …

VINOD SOLANKIversusUNION OF INDIA & ANR.

2008 INSC 1473Appeal(s) allowed

Vinod Solanki's office was searched and cash seized; he subsequently made statements to Enforcement officials under the Foreign Exchange Regulation Act (FERA) admitting to foreign exchange remittances, but later retracted those statements alleging coercion. The authorities imposed a Rs 10 lakh …

STATE OF M.P.versusBABLU NATT

2008 INSC 1474Appeal(s) allowed

The State of Madhya Pradesh prosecuted Bablu Natt for abducting a minor girl (aged 11‑13) and raping her repeatedly, also forcing her to live with him for several days and producing a false affidavit claiming she was 18. The trial court convicted him under IPC sections 366 and 376 and imposed the …

EX. CONSTABLE RAMVIR SINGHversusUNION OF INDIA & ORS.

2008 INSC 1475Dismissed

Constable Ramvir Singh of the Border Security Force was convicted of disobeying orders, withholding official dak and, while in internal custody, refusing meals and pack drill. He pleaded guilty and was sentenced to seven days of rigorous imprisonment and dismissal from service. He challenged the …

NAGARAJAversusSTATE OF KARNATAKA

2008 INSC 1476Case Partly allowed

The appellant (A-3), an employee of a wine shop, was tried along with two others for murder of Venkatesh under IPC s.302 read with s.34, alleging a common intention to kill. The trial court and High Court convicted all three of murder. On appeal, the appellant argued that he was unarmed, was …

M/S. THUKRAL MECHANICAL WORKSversusP.M. DIESELS PVT. LTD. & ANR.

2008 INSC 1479Appeal(s) allowed

The appellant, Mis. Thukral Mechanical Works, acquired the registered trademark ‘Field Marshall’ for centrifugal pumps from Mis. Jain Industries and used it in its business. The first respondent, P.M. Diesels Pvt. Ltd., the original proprietor of the mark for diesel engines, sought removal of the …

THE DEPOT MANAGER A.P.S.R.T.C.versusP. JAYARAM REDDY

2008 INSC 1480Appeal(s) allowed

The respondent, a conductor employed on a casual basis, was removed for misconduct and later reappointed without disclosing his prior dismissal. Upon discovery of this concealment, he was again dismissed following departmental proceedings. The Labour Court upheld the dismissal as valid but deemed …

MOHAN MEAKIN LTD.versusSTATE OF H.P. & ORS.

2008 INSC 1481Appeal(s) allowed

Mohan Meakin Ltd., a manufacturer of Indian Made Foreign Liquor, imported malt spirit of over‑proof strength (rectified spirit) into Himachal Pradesh and was levied a permit fee under the State's 1996‑97 excise policy. The company contended that the State lacked legislative competence to impose such …

M/S. P. MANOHAR REDDY & BROS.versusMAHARASHTRA KRISHNA VALLEY DEV. CORPN. & ORS.

2008 INSC 1482Dismissed

The contractor, M/s P. Manohar Reddy & Bros., completed an excavation contract for the Maharashtra Krishna Valley Development Corporation, received full payment and accepted the final bill. Later it claimed extra work, but raised the claim after the contract had ended and beyond the 30‑day period …

C. CHERIATHANversusP. NARAYANAN EMBRANTHIRI

2008 INSC 1483Appeal(s) allowed

The Supreme Court examined a deed dated 27‑10‑1969 in which the vendor transferred his one‑half leasehold interest to the vendee with a stipulation that he could repurchase the property within three years. The central issue was whether the instrument constituted an absolute conveyance with a …

NATIONAL INSURANCE CO. LTD.versusRATTANI AND OTHERS

2008 INSC 1484Appeal(s) allowed

The accident occurred on 15 May 2002 when a Tata 407 goods vehicle, being used to transport members of a marriage party, overturned, killing Sunil Kumar and injuring several others. The claimants, heirs and legal representatives of the deceased and injured, filed claim petitions before the Motor …

SHRI NAJMUDDIN & ORS.versusUNION OF INDIA & ORS.

2008 INSC 1485Dismissed

Shri Najmuddin and others filed a writ petition in 1985 challenging a 1948 notification and a 1962 offer under the Resettlement of Displaced Persons (Land Acquisition) Act, 1948, claiming a one‑third share in certain lands in Delhi. The Delhi Development Authority counter‑claimed possession based on …

KOPARGAON S.S.K. LTD.versusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1486Appeal(s) allowed

The appellant, a liquor manufacturer, challenged the State's demand for supervision charges with retrospective effect and interest, arguing that a prior High Court decision had already settled the issue. The High Court dismissed the later writ petition, holding that the demand notices were illegal. …

M/S. MALWA STRIPS PVT. LTD.versusM/S. JYOTI LTD.

2008 INSC 1489Appeal(s) allowed

M/s Malwa Strips Pvt Ltd filed a summary suit under Order XXXVII CPC against M/s Jyoti Ltd for a sum of money. The trial court granted conditional leave to defend, requiring the respondent to deposit an admitted amount, which the respondent failed to do, leading to a decree in favour of the …

STATE OF HARYANAversusBHUP SINGH & ORS.

2008 INSC 1490Case Partly allowed

The respondents, Bhup Singh and others, were convicted under Section 302 IPC for murdering three persons and sentenced to life imprisonment. The State of Haryana introduced a policy categorising life convicts for premature release, stipulating that those convicted of heinous crimes could be …

ASSURANCE COMPANY LTD.versusSADANAND MUKHI AND OTHERS

2008 INSC 1491Appeal(s) allowed

The owner of a two‑wheeler insured the vehicle with an act policy under the Motor Vehicles Act, 1988. The owner’s son, who was driving the motorcycle, died in an accident. The claimants sought compensation from the insurer, arguing that the son was a "person" covered under Section 147 of the Act. …

PANCHI DEVIversusSTATE OF RAJASTHAN & ORS.

2008 INSC 1492

Panchi Devi, the widow of a work‑charge employee who died in 1978, claimed a family pension under Rule 22A of the Rajasthan Public Works Department (B&R) Work Charge Employees Service Rules, 1964, which became effective on 17 September 1980 with a sub‑rule (6) applicable from 1 September 1982. The …

STATE OF PUNJABversusBAHADUR SINGH & ORS.

2008 INSC 1456Appeal(s) allowed

The petitioners, work‑charge employees appointed in the early 1980s, sought regularisation of their services after more than a decade of continuous employment. The Punjab and Haryana High Court had earlier ordered their regularisation based on a prior judgment, but the State appealed to the Supreme …

RAGHU RAJ SINGH ROUSHAversusM/S. SHIVAM SUNDRARAM PROMOTERS (P) L & ANR.

2008 INSC 1459Appeal(s) allowed

The respondent company filed a complaint under Section 200 of the CrPC alleging several IPC offences against the appellant. The Metropolitan Magistrate, having taken cognizance, refused to order a police investigation under Section 156(3) and directed the complainant to present pre‑summoning …

DHARIWAL TOBAGO PRODUCTS LTD. AND OTHERSversusSTATE OF MAHARASHTRA AND ANOTHER

2008 INSC 1460Appeal(s) allowed

Dhariwal Tobaco Products Ltd. and its senior officials were charged with manufacturing adulterated Gutkha, violating Rule 62(1) of the Prevention of Food Adulteration Rules, 1955. A Judicial Magistrate issued summons, and the accused filed an application under Section 482 of the Code of Criminal …

UNION OF INDIA & ORS.versusPRAKASH KUMAR TANDON

2008 INSC 1461Dismissed

Prakash Kumar Tandon, an Inspector of Works in Indian Railways, was charged with accepting sub‑standard wood and faced disciplinary action that reduced his pay. He wrote to the appointed Inquiry Officer, the Chief of the Vigilance Department, requesting that Assistant Engineer B.S. Walia be summoned …

D.S. GREWALversusVIMMI JOSHI & ORS.

2008 INSC 1462Disposed off

The case concerned the termination of Vimmi Joshi, a principal of an Army public school, who alleged sexual harassment by the Vice‑Chairman of the School Managing Committee, Col. Hitendra Bahadur. The High Court had held that a clear case of sexual harassment existed and ordered disciplinary action …

U.R. VIRUPAKSHAIAHversusSARVAMMA & ANR.

2008 INSC 1463Appeal(s) allowed

The plaintiff, U.R. Virupakshaiah, filed a partition suit alleging that the disputed lands were joint family property. The High Court, hearing a second appeal under Section 100 of the Code of Civil Procedure, framed an additional substantial question of law concerning the existence of a joint Hindu …

UNION OF INDIA & ORS.versusSATYA BRATA CHOWDHURY & ORS.

2008 INSC 1464Dismissed

The case concerned Time Keepers employed in various workshops of the Eastern Railway who were recruited as clerical staff but were held to be workers under the Factories Act, 1948. The Railway Board issued orders granting the Fifth Pay Revision Commission benefits from 18 February 2000 only to …

AVINASH KUMAR CHAUHANversusVIJAY KRISHNA MISHRA

2008 INSC 1465Dismissed

The appellant, Avinash Kumar Chauhan, purchased land from respondent Vijay Krishna Mishra, a Scheduled Tribe member, and paid the full consideration and took possession, but the transfer required the collector’s permission under the C.G. Land Revenue Code, which was denied. Chauhan sued for recovery …

C. BALCHANDRAN AND ORS.versusSTATE OF KERELA AND ORS.

2008 INSC 1466Dismissed

The appellants were daily‑wage workers hired by the Kerala Water and Sewerage Authority for a specific project and were released in 1987 when the project ended. After the Supreme Court’s decision in Jacob M. Puthuparambil v. Kerala Water Authority (1991), which mandated regularisation of …

M/S. VIJAY INDUSTRIESversusM/S. NATL TECHNOLOGIES LTD.

2008 INSC 1467Appeal(s) allowed

Vijay Industries, a small‑scale supplier of castor oil, sued Natl Technologies for non‑payment of invoices and for interest on delayed payments, filing a winding‑up petition under Sections 433(e), 433(f) and 434 of the Companies Act, 1956. The respondent argued that interest was not a debt because …

V.Y. JOSE & ANR.versusSTATE OF GUJARAT & ANR.

2008 INSC 1438Appeal(s) allowed

The appellants, a partner and an employee of a manufacturing firm, were charged under Sections 417 and 420 IPC for allegedly cheating a client who had paid an advance for a custom‑made machine that allegedly did not meet specifications. The client filed a criminal complaint, and the trial court took …

B. JAGDISH & ANR.versusSTATE OF AP. & ANR.

2008 INSC 1439Dismissed

The appellant, a doctor who advertised himself as a child specialist, treated a seven‑year‑old girl for tuberculosis. The child’s condition worsened and was later diagnosed as advanced leukemia; she died. The consumer commission held the doctor negligent and awarded damages. A criminal complaint …

DEEPA BHARGAVA & ANR.versusMAHESH BHARGAVA & ORS.

2008 INSC 1443Appeal(s) allowed

The parties, siblings, entered into a compromise concerning ancestral property, which the court incorporated into a decree ordering the respondents to pay Rs.10 lakh each and, on default, interest at 18% per annum. The respondents failed to pay, and the appellants sought execution. The executing …

KOTHARI FILAMENTS & ANR.versusCOMMISSIONER OF CUSTOMS (PORT) KOLKATA & ORS.

2008 INSC 1444Appeal(s) allowed

The appellants, Kothari Filaments, imported lithopone but some bags contained tetracycline HCl, a restricted chemical. Customs issued a show‑cause notice under Sections 111(d), 111(m) and 112(a), (b) of the Customs Act, 1962 alleging mis‑declaration, duty evasion and imposed confiscation and …

M.P. STATE ELECTRICITY BOARD & ANR.versusS. K. YADAV

2008 INSC 1446Case Partly allowed

The respondent, S.K. Yadav, a Homeopathic Assistant, was transferred after the closure of his dispensary and protested, subsequently remaining absent from duty from 10 September 1991 to 1 December 1993. A disciplinary proceeding found him guilty of two charges and imposed a penalty of reduction of …

SAU KUSUMversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1447Appeal(s) allowed

Smt. Sau Kusum, claiming to belong to the carpenter caste (known as Badhai in Madhya Pradesh and Sutar in Maharashtra), contested a panchayat election in Maharashtra for a seat reserved for OBCs. Her election was challenged on the ground that she was not an OBC and not a permanent resident of …

WADA ARUN ASBESTOS (P) LTD.versusGUJARAT WATER SUPPLY & SEWERAGE BOARD

2008 INSC 1448Dismissed

Wada Arun Asbestos (P) Ltd. supplied AC pressure pipes to Gujarat Water Supply & Sewerage Board, which failed to pay the amount due. The plaintiff filed a summary suit under Order 37 of the CPC; the defendant was granted conditional leave to defend on the condition of depositing 50% security, which …

M/S. SHAKTI TUBES LTD. TR. DIRECTORversusSTATE OF BIHAR & ORS.

2008 INSC 1449Appeal(s) allowed

Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it …

SOMESH TIWARIversusUNION OF INDIA AND ORS.

2008 INSC 1450Case Partly allowed

The case concerned an Indian Revenue Service officer who was transferred from Bhopal to Shillong and later to Ahmedabad on the basis of an anonymous complaint alleging caste bias, which was later found to be untrue. The officer’s representations against the transfer were ignored, and he failed to …

MAHESH YADAV & ANR.versusRAJESHWAR SINGH & ORS.

2008 INSC 1451Appeal(s) allowed

In a suit for declaration of title and possession of land, six defendants were impleaded. Defendants 2 and 5 entered into a compromise with the plaintiff, while an ex‑parte decree was passed against defendants 1 and 6. The latter filed an application under Order IX Rule 13 of the Code of Civil …

PARENTS ASSOCIATION OF STUDENTSversusM.A. KHAN AND ANOTHER

2008 INSC 1452Disposed off

The Parents Association of Students filed a writ petition seeking regulation of professional education fees in Uttar Pradesh. After the High Court’s Single Judge gave directions, the State issued a government order allowing a medical college (run by respondent No.1, M.A. Khan) to collect fees, which …

MANTOO SARKARversusORIENTAL INSURANCE CO. LTD. AND OTHERS

2008 INSC 1453Appeal(s) allowed

Mantoo Sarkar, a migrant agricultural labourer originally from Pilibhit, was residing and working in Nainital when he was injured in a bus‑truck collision that occurred in Bareilly, Uttar Pradesh. The truck was insured by Oriental Insurance Company, which maintained a branch at Nainital. Sarkar …

G. GNANAM @ GNANAMOORTHYversusMETROPOLITAN TRANSPORT CORPORATION

2008 INSC 1454Appeal(s) allowed

The appellant, G. GnanaM, was a passenger in a Metropolitan Transport Corporation bus that collided with a lamp post on 14 June 1995, resulting in a fractured right upper arm and a medically assessed permanent disability of 65%. He claimed Rs 6,00,000 as compensation; the Motor Accident Claims …

COMMITTEE OF MANAGEMENT & ANR.versusVICE CHANCELLOR & ORS.

2008 INSC 1455Appeal(s) allowed

The Committee of Management of Mumtaz Post Graduate College (appellants) challenged the Vice‑Chancellor’s refusal to approve the removal of its principal, Dr. M.N. Khan, arguing that the removal order violated Section 35(2) of the U.P. State Universities Act, 1973 and that the provision was …

TARSEM SINGHversusSTATE OF PUNJAB

2008 INSC 1421Appeal(s) allowed

Tarsem Singh was convicted under Section 3048 of the IPC for the death of his wife Amriko, alleged to have been caused by dowry‑related cruelty. The prosecution alleged harassment for insufficient dowry and childlessness, but the FIR and evidence did not show any demand for dowry made "soon before" …

RANGAIAHversusSTATE OF KARNATAKA

2008 INSC 1422Appeal(s) allowed

The appellant Rangaiah was charged with murder and causing hurt after a quarrel in his village resulted in the death of Maruchhaiah. The trial court acquitted him, finding material discrepancies in the prosecution's evidence, including inconsistencies between the dying declaration and witness …

RAVISHWAR MANJHI & ORS.versusSTATE OF JHARKHAND

2008 INSC 1423Appeal(s) allowed

The case involved two cross‑FIRs arising from a violent clash in Simultand village where the deceased Nagender Nath Das was killed and several others injured. The complainant alleged that the accused assaulted him and his relatives, while the accused claimed they acted in self‑defence against the …

M.D. BALASAHEB DESAI SAHAKARI S.K. LTD.versusKASHINATH GANAPATI KAMBALE

2008 INSC 1424Case Partly allowed

The respondent, a peon employed since 1974, was dismissed in 1984 for multiple instances of misconduct including unauthorized absences, late attendance, leaving the premises without permission, and falsifying the muster roll. He sought reinstatement with continuity of service and full back wages …

OM PRAKASHversusSTATE OF U.P.

2008 INSC 1426Appeal(s) allowed

The incident occurred on 15 August 1979 when Om Prakash and six others, armed with firearms, entered the house of Mewa Ram during a Janamashtami puja and fired shots, resulting in the death of Ram Rakshpal. The trial court convicted all seven accused of murder, but the Allahabad High Court upheld …

M/S. HARMAN ELECTRONICS (P) LTD. & ANR.versusM/S. NATIONAL PANASONIC INDIA LTD.

2008 INSC 1427Appeal(s) allowed

The appeal concerned the territorial jurisdiction of a criminal court to try an offence under Section 138 of the Negotiable Instruments Act, 1881. The complainant, National Panasonic India Ltd., filed a complaint in Delhi alleging that a cheque drawn and presented in Chandigarh was dishonoured and …

VIDYABAI & ORS.versusPADMALATHA & ANR.

2008 INSC 1428Appeal(s) allowed

The plaintiffs filed a suit for specific performance of a sale agreement and filed a written statement in April 2004. After issues were framed and affidavits were filed as evidence, the defendants sought to amend their written statement in November 2006. The trial court dismissed the amendment, …

BHARPUR SINGH & ORS.versusSHAMSHER SINGH

2008 INSC 1429Appeal(s) allowed

Ram Devi, a 75‑year‑old widow, executed a will on 30‑March‑1962 in favour of Shamsher Singh, an agnate five degrees removed, disinheriting her two surviving daughters. After her death in 1990, Shamsher Singh sued the daughters (appellants) to set aside a mutation order in their favour, claiming he …

MAHAVIR SINGHversusKHIALI RAM & ORS.

2008 INSC 1430Appeal(s) allowed

The appellant Mahavir Singh was appointed Lambardar of Village Thurana by the District Collector under the Punjab Land Revenue Rules, which consider factors such as hereditary claim, land ownership, service to the State, character and age. Respondent No.1, Khiali Ram, challenged the appointment …

BIHAR STATE FINANCIAL CORPORATIONversusM/S. CHHOTANAGPUR MINERALS AND ORS.

2008 INSC 1431Dismissed

The Bihar State Financial Corporation (BSFC) granted a loan to Mis. Chhotanagpur Minerals, which mortgaged lease‑hold rights over a factory site. After the borrower defaulted, BSFC invoked Sections 29 and 30 of the State Financial Corporations Act, 1951 and sold the factory premises to a third …

UNION OF INDIA & ORS.versusSICOM LTD. & ANR.

2008 INSC 1401Dismissed

The Union of India and other appellants sought to recover central excise dues from SICOM Ltd., which had defaulted on a loan secured by a mortgage under the State Financial Corporation Act, 1951. The State Financial Corporation had taken possession of the mortgaged assets and claimed a first charge …

FARHD K. WADIAversusUNION OF INDIA & ORS.

2008 INSC 1402Dismissed

The appellant, Farhd K. Wadia, sought a writ directing that Rang Bhavan, an open‑air theatre in Mumbai, be exempted from the "silence zone" provisions of the Noise Pollution (Regulation and Control) Rules, 2000, after his application to use loudspeakers was rejected following a 2003 Bombay High …

TAMILNAD MERCANTILE BANK SHARE HOLDERS WELFARE ASSOCIATIONversusS.C. SEKAR AND ORS.

2008 INSC 1406Dismissed

The Tamilnad Mercantile Bank Share Holders Welfare Association (appellant) sought to restrain the election of directors at the bank's 83rd, 84th and 85th Annual General Meetings, alleging that the meetings violated a 26 July 2006 injunction that allowed only certain agenda items to be considered. …

COMMISSIONER OF TRADE TAX, U.P.versusM/S. NATIONAL INDUSTRIAL CORPORATION LTD.

2008 INSC 1376Dismissed

The respondents, M/s National Industrial Corporation Ltd., used paddy husk as fuel and were assessed sales tax under various Uttar Pradesh Trade Tax notifications. They contended that paddy husk was first included as a taxable commodity only by the notification dated 6 June 1996, and that earlier …

S. SATNAM SINGH & ORS.versusSURENDER KAUR & ANR.

2008 INSC 1382Appeal(s) allowed

The case involved a partition suit concerning a residential house and the business of Bombay Cycle Company. The trial court passed a preliminary decree granting each party a one‑third share in the house, but later the parties sought to include the business assets in the partition. The High Court set …

NOVARTIS INDIA LTDversusSTATE OF WEST BENGAL AND ORS

2008 INSC 1383Dismissed

Novartis India Ltd. transferred three senior sales representatives to distant locations; they refused to report, filed representations and civil suits, and were terminated without a domestic inquiry. The workmen raised an industrial dispute; the Industrial Tribunal held the termination illegal, …

UNITED INDIA INSURANCE CO. LTD.versusSANTRO DEVI & ORS.

2008 INSC 1384Dismissed

The appellant, United India Insurance Co., had issued a motor vehicle insurance policy for a truck owned by the deceased Atma Ram Sharma, with renewals effected by the bank that held a hypothecation on the vehicle. After Sharma's death in 1991, the registration was not transferred and the policy …

NARENDRA GOPAL VIDYARTHIversusRAJAT VIDYARTHI

2008 INSC 1385Appeal(s) allowed

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's …

MOHAMMED YUSUFversusFAIJ MOHAMMAD & ORS .

2008 INSC 1381Appeal(s) allowed

The appellant filed a suit for permanent and temporary injunction in 2002. The respondents, served with summons, repeatedly sought extensions to file their written statement under Order 8 Rule 10 of the CPC, but the trial court rejected their application and set a date for recording evidence. The …

TAMIL NADU ELECTRICITY BOARDversusM/S RASIPURAM TEXTILE (P) LTD. & ORS.

2008 INSC 1339Dismissed

The Tamil Nadu Electricity Board inspected Rasipuram Textile Mills and discovered alleged theft of electrical energy. Under Sections 39(1) and 44(1)(c) of the Electricity Act, 1910, the Board prosecuted the company and its directors. The trial court convicted the directors, but the appellate court …

M/S. LAXMI RATTAN COTTON MILLS LTD.versusSTATE OF U.P. & ORS .

2008 INSC 1318Appeal(s) allowed

In 1980-81 Laxmi Rattan Cotton Mills Ltd. engaged six workers as trainee investigators on a stipend, expressly stating no obligation to appoint them thereafter. After training, the mill offered them clerk positions, which they accepted without protest and later made permanent. When the mill became …

HAMIDKHANversusASHABI & ORS.

2008 INSC 1319Case Partly allowed

The plaintiff, a lease‑holder of land and superstructure since 1951, entered into a sale agreement with a charitable trust on 26 February 1980, subject to permission from the Charity Commissioner under Section 36 of the Bombay Public Trust Act. The Commissioner initially ordered the property to be …

M/S G.P. CERAMICS PVT. LTD.versusCOMMISSIONER, TRADE TAX, UP.

2008 INSC 1320Appeal(s) allowed

G.P. Ceramics Pvt. Ltd. set up a new industrial unit on land allotted by the Uttar Pradesh State Industrial Development Corporation and began production with its first sale on 24‑Oct‑1992. It applied for trade‑tax exemption under Section 4‑A of the U.P. Trade Tax Act within six months, but the …

CORPORATION BANKversusM/S SARASWATI ABHARANSALA AND ANOTHER

2008 INSC 1321Appeal(s) allowed

Corporation Bank collected sales tax at 1% on gold bullion sold to a dealer between April and December 1999. A later notification (SRO No. 1075/99) reduced the tax rate to 0.5% with retrospective effect from 1 April 1999. The dealer claimed a refund of the excess tax, but the Assistant Commissioner …

HALEEMA ZUBAIR, TROPICAL TRADERSversusSTATE OF KERALA

2008 INSC 1322Appeal(s) allowed

Haleema Zubair, proprietor of two businesses – Tropical Traders (a dealer in ceramic tiles) and Poseidon Food Company (which rendered inspection and certification services to exporters) – was assessed under the Kerala General Sales Tax Act, 1963. The Assessing Authority added a commission of Rs …

SUNITADEVI SINGHAN1A HOSPITAL TRUST AND ANR.versusUNION OF INDIA & ANR.

2008 INSC 1307Appeal(s) allowed

The Sunita Devi Singhania Hospital Trust, a charitable hospital, imported equipment under Notification 64/88-Cus which exempted it from customs duty provided it reserved 10% of beds for low‑income patients and offered free outpatient treatment to at least 40% of patients. The Customs, Excise and …

DR. P. P. C. RAWANI & ORS.versusUNION OF INDIA & ORS.

2008 INSC 1298Disposed off

The Supreme Court examined two earlier orders (9 April 1987 and 29 October 1991) that directed the regularisation of ad‑hoc doctors and the preparation of separate seniority lists for them and for doctors recruited regularly through the UPSC. The petitioners (regularised doctors) claimed the Union …

SAMI ULLAHAversusSUPERINTENDENT, NARCOTIC CENTRAL BUREAU

2008 INSC 1263Appeal(s) allowed

The appellant, Sami Ullaha, was arrested after heroin was seized from two co-accused who alleged the drugs were meant for him. No drugs were found on his person, but he made a statement under Section 67 of the NDPS Act, later retracting it, claiming it was obtained under duress. The first chemical …

M.A. RUMUGAMversusKITTU @ KIRSHNAMOORTHY

2008 INSC 1264Dismissed

The appellant, a landowner, alleged that nine coconut trees on his property were damaged on the advice of the respondent and filed a police complaint naming the respondent as a doubtful person. The police investigation was closed after six months under Section 167(5) of the CrPC. The respondent then …

CHANDRABHAI K. BHOIR & ORS.versusKRISHNA ARJUN BHOIR & ORS.

2008 INSC 1265Appeal(s) allowed

The testator Kanha Barik Mhatre executed a Will in 1963; after his death, the legatees (respondents) obtained probate while the appellants filed a caveat and later withdrew it. The parties entered into a compromise agreement claiming to alter the Will’s terms and a separate family‑arrangement …

P.H. DAYANANDversusS. VENUGOPAL NAIDU & ORS .

2008 INSC 1269Dismissed

The plaintiff (respondent No.1) purchased the suit property from the rightful owner, T. Bayarappa, in 1991. Defendant No.2 (appellant) was in permissive possession of the land and claimed lawful title based on a purported chain of agreements involving a power of attorney and an assignment to the …

VIRENDER CHAUDHARYversusBHARAT PETROLEUM CORPORATION &ORS.

2008 INSC 1270Appeal(s) allowed

The case concerned the grant of an LPG distributorship by Bharat Petroleum Corporation (BPC). An advertisement invited applications, disqualifying persons convicted of offences involving moral turpitude or those against whom charges had been framed. Respondent No.5 was selected but his empanelment …

R. KALYANIversusJANAK C. MEHTA AND ORS.

2008 INSC 1224Dismissed

The appellant R. Kalyani lodged an FIR under Sections 409, 420 and 468 read with Section 34 IPC against three respondents, alleging that the third respondent operated her account without consent and forged a letter, while the first two senior officers of the company were claimed to be vicariously …

STATE OF HARYANA & ORS.versusSHAKUNTLA DEVI

2008 INSC 1225Appeal(s) allowed

The Supreme Court examined whether the widows of three deceased employees, who had been appointed on an ad‑hoc six‑month basis, were entitled to family pension under the Punjab Civil Services Rules and the 1964 Family Pension Scheme. The Court held that eligibility for family pension is conditioned …

M/S. KARNATAKA STATE FOREST INDUSTRIES CORPORATIONversusM/S. INDIAN ROCKS

2008 INSC 1227Dismissed

The Karnataka State Forest Industries Corporation (KSFIC) was appointed as the State's agent to sell confiscated granite blocks. After a legislative committee uncovered a scam, the State terminated KSFIC's agency and directed it to refund the amounts paid by the purchasers, Indian Rocks and other …

S.L. CONSTRUCTION & ANR.versusALAPATI SRINIVASA RAO & ANR.

2008 INSC 1216Dismissed

The appellants issued a Rs.2 lakh cheque to the respondents on 22 June 2003, which was presented and dishonoured three times within the six‑month period prescribed by Section 138 of the Negotiable Instruments Act. Notices were issued after each presentation, but the first notice was not served and …

NIRMAL SINGH KAHLONversusSTATE OF PUNJAB AND ORS.

2008 INSC 1211Dismissed

A writ petition challenged the selection of Panchayat Secretaries and alleged irregularities involving the former Rural Development Minister, Nirmal Singh Kahlon. The High Court, after a prima facie finding of fraud, directed an inquiry which led to a Vigilance Department FIR and charge‑sheet. The …

RIKHABSAO NATHUSAO JAINversusCORPN. OF THE CITY OF NAGPUR & ORS.

2008 INSC 1212Appeal(s) allowed

The appellant, a neighbour of respondent No.2, sought a mandatory injunction against the Nagpur Corporation and respondent No.2 to stop unauthorised construction and to prevent the corporation from granting any building‑plan sanction. The District Judge, invoking Section 286(5) of the City of Nagpur …

MOHD. YUNUS KHANversusU.P. POWER CORPORATION LTD. AND ORS.

2008 INSC 1213Appeal(s) allowed

Mohd. Yunus Khan was appointed as a patrolman in 1968 but his date of birth was mistakenly entered as 27‑02‑1934 instead of the correct 01‑07‑1948. He discovered the error in 1988, filed representations for correction, which were ignored, and was forced to retire in 1992 based on the wrong date. A …

CHET RAMversusJIT SINGH & ANR.

2008 INSC 1214Dismissed

The appellants, who were Gramin Oak Sewaks (rural postal workers), contested elections to the Nagar Panchayat of Sardulgarh. Their candidature was challenged under Section 11(g) of the Punjab State Election Commission Act, 1994, which disqualifies any person holding an office of profit under the …

THREE CHEERS ENTERTAINMENT PVT. LTD. & ORS.versusC.E.S.C. LTD.

2008 INSC 1184Appeal(s) allowed

Three Cheers Entertainment Pvt. Ltd. and others produced a television programme alleging illegal acts by Calcutta Electricity Supply Company Ltd. (CESC), leading CESC to file a defamation suit and obtain an interim injunction restraining further telecasts. The High Court, while confirming the …

DIPITIMAYEE PARIDAversusSTATE OF ORISSA & ORS.

2008 INSC 1185Dismissed

Dipitimae Parida applied for the post of Anganwadi worker under the Integrated Child Development Scheme. At the deadline for applications she was unmarried, but she married later and was nevertheless awarded three marks for being a married woman during the viva‑voce. Respondent No.5 challenged the …

STEEL AUTHORITY OF INDIAversusMADHUSUDAN DAS & ORS.

2008 INSC 1186Appeal(s) allowed

The case concerned the death of Bhagirathi Das, a mine employee of Steel Authority of India Ltd., who collapsed while on duty. His son sought a compassionate appointment under Para 8.9.4 of the 1989 Memorandum of Settlement, which provides such appointment only if death is due to an accident arising …

PALWINDER SINGHversusBALWINDER SINGH & ORS.

2008 INSC 1190Appeal(s) allowed

The deceased, Darshan Kaur, a dumb (and allegedly deaf) woman, was set on fire on 6 April 2001 and gave two dying declarations identifying the accused. The Sessions Judge refused to discharge the accused under Section 227 of the CrPC, but the High Court, on revision, allowed the discharge, …

P. VENUGOPALversusMADAN P. SARATHI

2008 INSC 1167Dismissed

The appellant was convicted under Section 138 of the Negotiable Instruments Act for issuing two cheques of Rs.60,000 each that were dishonoured. He contested the existence of a creditor‑debtor relationship, the service of statutory notice, and the authenticity of his signature. The trial and …

MONDRI SREENUversusSTATE OF ANDHRA PRADESH

2008 INSC 1157Dismissed

The appellant, Montri Sreenu, was convicted under Section 302 of the Indian Penal Code for murdering his mother‑in‑law, Batta Chandramma. The prosecution relied on the appellant’s confession before a magistrate, extra‑judicial confessions to witnesses, recovery of a stone and stick allegedly used as …

RAMPRASAD BALMIKIversusANIL KUMAR JAIN & ORS.

2008 INSC 1113Dismissed

The appellant, a driver for the Cantonment Board, was injured in a road accident and claimed Rs 17.94 lakh under Section 166 of the Motor Vehicles Act, 1988 for permanent disability and loss of earnings. The Motor Accident Claims Tribunal awarded Rs 85,000, which the High Court enhanced to Rs …

TALWARA COOP. CREDIT & SERVICE S0CIETY LTD.versusSUSHIL KUMAR

2008 INSC 1116Appeal(s) allowed

Talwara Cooperative Credit & Service Society Ltd terminated clerk Sushil Kumar after two short spells of employment (1987-1990 and 1995-1997) citing financial losses. The Labour Court awarded reinstatement with full back wages, which the High Court upheld. The Society appealed to the Supreme Court, …

B.M. MALANIversusCOMMR. OF INCOME TAX & ANR.

2008 INSC 1117Appeal(s) allowed

B.M. Malani, a money‑lender who also traded in shares, had shares and a demand draft seized during a raid. He offered to pay his tax liability by selling the seized shares and requested the Income‑Tax Authority to dispose of them, but the request was ignored. The Department later levied interest …

MUNICIPAL CORPORATION, LUDHIANAversusINDERJIT SINGH & ANR.

2008 INSC 1119Dismissed

The Municipal Corporation of Ludhiana issued a series of notices, including a demolition notice under Sections 269 and 270 of the Punjab Municipal Corporation Act, 1976, against a marriage hall constructed by the late Hira Devi. The notices were served in the name of the deceased, were vague, and …

UNITED INDIA INSURANCE CO. LTD.versusRAKESH KUMAR ARORA & ORS.

2008 INSC 1087Appeal(s) allowed

A fatal road accident occurred on 5 February 1997 when a vehicle owned by the respondent was driven by Karan Arora, a 15‑year‑old who did not possess a valid driving licence. The deceased's family claimed compensation from United India Insurance Company, which denied liability on the ground that the …

MAN BAHADURversusSTATE OF H.P.

2008 INSC 1083Appeal(s) allowed

Man Bahadur was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after a search was conducted without informing him of his statutory right to be searched before a gazetted officer or a magistrate as mandated by Section 50 of the Act. The search memo and other documents …

DISTRICT PROGRAMME CO-OORDINATOR, MAHILA SAMKHYA AND ANR.versusABDUL KAREEM AND ANR.

2008 INSC 1058Appeal(s) allowed

Mahila Samkhya, a Karnataka society, hired Abdul Kareem as a driver on a fixed‑term contract that was renewed for the period 1 November 1997 to 31 October 1999. The society terminated his services on 3 July 1998 invoking clause XIV of his appointment letter, alleging misconduct. The Labour Court …