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Supreme Court of India

S B SINHA

1,538 judgments delivered by benches including this judge — showing 401–600.

AMRIT LAL AND ORS.versusMAHARANI AND ORS.

2009 INSC 93921 July 2009Dismissed

The appeal concerned a Mitakshara coparcenary property that the appellants claimed had become self‑acquired after a lease (patta) was allegedly granted by the village Zamindar under the Oudh Rent Act, 1886. The respondents contended that the land remained ancestral joint‑family property and that any lease did not dives

ASHOK LENKAversusRISHI DIKSHIT AND ORS.

2006 INSC 23721 April 2006Appeal(s) allowed

The State of Chhattisgarh granted excise licences for retail liquor sale under the Chhattisgarh Excise Act, 1915 and the 2002 Rules. After objections were raised, a writ petition was filed before the Chhattisgarh High Court, naming 65 licence‑holders as parties while omitting 126 others. The High Court cancelled all th

M/S. MUKUND LTD.versusHINDUSTAN PETROLEUM CORPORATION LTD.

2006 INSC 23821 April 2006Disposed off

Mukund Ltd appealed against an arbitral award that ordered it to pay Rs 1.26 crore plus costs and post‑decree interest at 11% per annum to Hindustan Petroleum. The Bombay High Court reduced the quantum to Rs 71.3 lakhs but retained the 11% interest rate. Mukund sought further relief, contending that the award should be

SHANKAR DIWAL WADUversusSTATE OF MAHARASHTRA

2007 INSC 32421 March 2007Disposed off

Shankar Diwal Wadu killed his brother Mahu Wadu after a quarrel that arose when he attempted to force the widow Kamlibai into becoming his mistress. The victim intervened, prompting the accused to strike him with a wooden plank, resulting in death. The trial court convicted the accused under Sections 302 (murder) and 5

SAT PAL PURIversusPUNJAB STATE ELECTRICITY BOARD & ORS.

2008 INSC 23721 February 2008Disposed off

The appellants, technical field staff of the Punjab State Electricity Board (PSEB), filed a writ petition seeking parity in remuneration for work performed on Saturdays and Sundays, relying on the Supreme Court’s decision in Municipal Employees Union v. State of Punjab. The Punjab & Haryana High Court had allowed the c

RAMESH SINGH & ANR.versusSATBIR SINGH & ANR.

2008 INSC 7321 January 2008Dismissed

The father and mother of Banu Pratap Singh, who died at age 22 in a motor accident, appealed against the compensation awarded under the Motor Vehicles Act, 1988. The trial court and the High Court had applied a multiplier of eight, based on the father's age of 55, to calculate loss of dependency. The appellants argued

ZAHIRUL ISLAMversusMOHD. USMAN AND ORS.

2002 INSC 56920 December 2002Appeal(s) allowed

The plaintiff, Zahirul Islam, sued Mohd. Usman and others. One of the defendants (Defendant No.2) died on 1 February 1995, but the trial court proceeded ex parte against him without substituting his legal representative. The legal representative later sought a stay of execution of the decree under Order 9 Rule 13 of th

P.C. CHACKO AND ANR.versusCHAIRMAN, LIFE INSURANCE CORPORATION OF INDIA AND ORS.

2007 INSC 116620 November 2007Dismissed

The insured took a life insurance policy on 21 February 1987 and died on 6 July 1987. He had undergone an operation for adenoma thyroid four years earlier but answered "No" to the proposal question about any operation, constituting a deliberate misstatement. The Life Insurance Corporation repudiated the policy on 10 Fe

MANOHAR S/O SHANKAR NALE AND ORS.versusJAIPALSING S/O SHIVLALSING RAJPUT AND ORS.

2007 INSC 116720 November 2007Appeal(s) allowed

Manohar and others appealed against a High Court order that allowed execution of a decree for possession of land, arguing that the execution petition filed on 10‑December‑2001 was barred by the 12‑year limitation period under Article 136 of the Limitation Act, 1963. The decree, passed in a second appeal, granted posses

SANTHOSH AND ORS.versusSARASWATHIBAI AND ANR.

2007 INSC 116820 November 2007Dismissed

The case arose from a consent decree dated 20 July 1964 that allotted 6 acres 33 guntas of land to Sundrabai, the first wife of the deceased Trimukhrao, for her maintenance, with a restriction that the land would revert to the second wife and her son after Sundrabai's death. After Sundrabai died in 1992, her heirs clai

ABDUL RAHEEMversusTHE KARNATAKA ELECTRICITY BOARD AND ANR.

2007 INSC 116920 November 2007Appeal(s) allowed

The appellant, Abdul Raheem (Karnataka Electricity Board), entered into a sale agreement for land with Respondent No.1, who later sued for specific performance alleging the appellant's failure to perform. The trial court dismissed the suit, and the first appellate court upheld the dismissal, finding that the plaintiff

STATE OF JAMMU AND KASHMIRversusGHULAM MOHD. DAR AND ANR.

2003 INSC 65420 November 2003Appeal(s) allowed

The State of Jammu and Kashmir issued a tender for construction work which was accepted by Ghulam Mohammad Dar, and the parties entered into a contract containing an arbitration clause. After completing the work, the contractor sought a 42% escalation payment, which the Chief Engineer indicated should apply to all item

STATE OF KERALA AND ORS.versusN. AVINASIAPPAN

2003 INSC 65620 November 2003Appeal(s) allowed

In 1989, Excise officials seized a lorry and 45 barrels of spirit allegedly belonging to the respondent. After the driver and cleaner compounded the offence, the Joint Commissioner released the vehicle upon a bank guarantee. The respondent's appeal under Section 678 of the Kerala Abkari Act was dismissed, and a subsequ

KHETRABASL BLSWALversusAJAYA KUMAR BARAL AND ORS.

2003 INSC 65720 November 2003Appeal(s) allowed

The Orissa Public Service Commission selected 39 candidates for temporary Munsif posts and sent its merit list to the State Government, which prepared a different list omitting several selectees. Writ petitions were filed challenging the State list; the Orissa High Court prepared its own list and directed appointments

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

2008 INSC 118420 October 2008Appeal(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 injunction, also appointed

DIPITIMAYEE PARIDAversusSTATE OF ORISSA & ORS.

2008 INSC 118520 October 2008Dismissed

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 award of those marks,

STEEL AUTHORITY OF INDIAversusMADHUSUDAN DAS & ORS.

2008 INSC 118620 October 2008Appeal(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 out of and in the c

PALWINDER SINGHversusBALWINDER SINGH & ORS.

2008 INSC 119020 October 2008Appeal(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, preferring one dying declarat

ARYA VRAT GRAMIN BANKversusVIJAY SHANKAR SHUKLA

2007 INSC 95820 September 2007Appeal(s) allowed

The Supreme Court examined a dispute over the appointment of Vijay Shankar Shukla, a general‑category candidate who was placed 47th in a select list for officer posts at Aryavrat Gramin Bank, a Regional Rural Bank governed by the Regional Rural Bank Act, 1976 and subject to NABARD and Central Government directives. Shu

HINDUSTAN PETROLEUM CORPORATION LTD.versusDARIUS SHAPUR CHENAI AND ORS.

2005 INSC 43320 September 2005Dismissed

Hindustan Petroleum Corporation Ltd., a former tenant, sought to acquire land it occupied after an eviction suit was decreed against it. The State issued a notification under Section 4 of the Land Acquisition Act, 1894, and after the landowner filed objections under Section 5‑A, the Collector submitted a report and the

G. SRINIVASversusGOVT. OF A.P. AND ORS.

2005 INSC 43420 September 2005Appeal(s) allowed

G. Srinivas claimed title to a plot of land based on an unregistered sale deed. The Andhra Pradesh Government, via a Government Order (GOM), directed the Collector to issue a no‑objection certificate and supplementary shethwar in his favour, but the Collector later rejected the claim, citing the land as evacuee propert

K. SRIKANTH SINGHversusM/S. NORTH EAST SECURITIES LTD. AND ANR.

2007 INSC 77120 July 2007Appeal(s) allowed

The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act against a company and its directors for dishonouring a cheque. The appellant, a director, argued that he was not a director at the relevant time and that the complaint failed to satisfy the statutory requirements of Section 1

MOHIT BHARGAVAversusBHARAT BHUSHAN BHARGAVA AND ORS.

2007 INSC 44520 April 2007Dismissed

The decree holder obtained a final decree against the judgment debtor in a partnership dissolution suit filed in the District Court of Gwalior. While executing the decree, the court issued restraint orders (19 Mar 2003 and 7 Jul 2003) preventing a third‑party occupant and a bank from handing over possession and documen

NEW INDIA ASSURANCE CO. LTD.versusBISMILLAH BAI & OTHERS

2009 INSC 37420 March 2009Appeal(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 the Jeep driver was n

JAGADGURU ANNADANISHWARA MAHA SWAMIJIversusV.C. ALLIPUR & ANOTHER

2009 INSC 38120 March 2009Appeal(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 order. The Karnataka

DNYANESHWARversusSTATE OF MAHARASHTRA

2007 INSC 32320 March 2007Dismissed

The appellant, the husband of Leelabai, was convicted of murdering his wife who was found dead in their matrimonial home. A post‑mortem revealed multiple ante‑mortem bruises and contusions, and the medical officer opined that death was caused by asphyxia (throttling). The appellant contended that the absence of a fract

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

2009 INSC 22920 February 2009Appeal(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. Annathurai and E. Chand

MOHD. SOHRAB KHANversusALIGARH MUSLIM UNIVERSITY & ORS.

2009 INSC 23220 February 2009Disposed 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 Industrial Chemistry. T

MANGI LALversusSTATE OF RAJASTHAN

2007 INSC 15820 February 2007Dismissed

The appellant, Mangilal, a Mines Foreman Grade‑II who held a diploma in mining and later obtained a degree, sought direct promotion to the post of Assistant Mining Engineer under the Rajasthan Mines and Geological Service Rules, 1960. The Rules stipulated that promotion to Assistant Mining Engineer could only be made f

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

2007 INSC 16020 February 2007Dismissed

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

KAMALA S.versusVIDYADHARAN M.J. AND ANR.

2007 INSC 16520 February 2007Appeal(s) allowed

The appellant Kamala S. was charged under Section 138 of the Negotiable Instruments Act for issuing a cheque that was dishonoured for insufficient funds. She contended that the cheque was drawn to settle the balance of a property sale, not to discharge any debt. The trial court found her defence probable, rebutted the

S.M.S. PHARMACEUTICALS LTD.versusNEETA BHALLA AND ANR.

2007 INSC 16620 February 2007Dismissed

The appellant, S.M.S. Pharmaceuticals Ltd., filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act alleging that a cheque issued by the respondent company was dishonoured. The complaint named the company, its Managing Director, and Director Neeta Bhalla, asserting that the directors were activel

P.S. RANAKRISHNA REDDYversusM.K. BHAGYALAKSHMI AND ANR.

2007 INSC 16720 February 2007Dismissed

The appellant, a landlord, had taken loans from the respondent, a tenant, and later entered into a written agreement described as a sale of the same property for Rs.45,000, with Rs.15,000 paid as advance. The respondent sued for specific performance under Section 20 of the Specific Relief Act, 1963, after the appellant

COMMNR, SALES TAX, U.P.versusM/S BHARAT BONE MILL

2007 INSC 16820 February 2007Appeal(s) allowed

The appellant, Bharat Bone Mill, manufactures crushed bone and argued that the product should be classified as a fertilizer and therefore exempt from Uttar Pradesh sales tax under the state's exemption notifications. The State had earlier exempted fertilizers (including chemical fertilizers) but later taxed "bone to co

CHINTAMANI AMMALversusNANDAGOPAL GOUNDER AND ANR.

2007 INSC 17020 February 2007Dismissed

The appellant, Chintamani Ammal, claimed a share in agricultural land that was part of a joint Hindu family after her father, Kesava Gounder, died in 1943. She alleged that her father had expressed an intention to sever his joint family status before death, relying on oral testimony of her aunt. The trial court held th

PUNJAB STATE WAREHOUSING CORPN., CHANDIGARHversusMANMOHAN SINGH AND ANR.

2007 INSC 17420 February 2007Appeal(s) allowed

The Punjab State Warehousing Corporation, a statutory body governed by the Punjab Warehousing Corporation Act, 1957, issued a circular on 23 January 2001 purporting to regularise state employees. Respondent No.1, Manmohan Singh, was appointed on a contract basis, his contract was later not renewed and his services were

GOITUMUKKALA APPALA NARASIMHA RAJU AND ORS.versusNATIONAL INSURANCE CO. LTD. AND ANR

2007 INSC 17520 February 2007Dismissed

The deceased Bangaru Raju died while driving a tractor owned by his wife, Smt. Gottumukkala Venkata Lakshmi, which was insured by National Insurance Co. Ltd. The claimants filed a petition under the Workmen's Compensation Act, 1923 seeking compensation from both the owner and the insurer. The High Court held that no aw

MANJABAI KRISHNA PATIL (D) BY LRS.versusRAGHUNATH REVAJI PATIL AND ANR.

2007 INSC 17620 February 2007Appeal(s) allowed

The appellants sold land to the respondents by a deed dated 29‑11‑1966, which was registered on 17‑12‑1966. On the same day the respondents executed a separate agreement of reconveyance, promising to return the land after five years upon receipt of the purchase price. The respondents failed to reconvey, leading the app

THIRNEEDHI CHANNAIAHversusGUDIPUDI VENKATA SUBBA RAO (D) BY LRS. & ORS.

2007 INSC 17720 February 2007Appeal(s) allowed

The appellant entered into a sale agreement on 19 July 1981, paying Rs 50,000 as advance with the balance due by 25 February 1982, and a separate agreement stipulated forfeiture of the advance on default. Before the sale deed could be executed, a notification under Section 4(1) of the Land Acquisition Act, 1894 was iss

STATE OF MANIPUR AND ORS.versusY. TOKEN SINGH AND ORS.

2007 INSC 17820 February 2007Appeal(s) allowed

The State of Manipur appointed several individuals as Mandols, Process‑Servers and Zilladars in its Revenue Department without any recruitment rules and without the knowledge of the State Government. The appointments were made on a temporary basis, no records were kept, and the Revenue Commissioner later denied making

LACHHMAN DASSversusJAGAT RAM AND ORS.

2007 INSC 17920 February 2007Appeal(s) allowed

Lachhman Dass, a tenant who had purchased a suit property from Jagat Ram and his wife, challenged a consent decree that granted a pre‑emption right to the daughter of the original owner, who had filed a suit for pre‑emption without impleading Dass. The Supreme Court held that the decree was void because Dass, who had n

RAYMOND LTD. AND ANR.versusSTATE OF CHHATTISGARH AND ORS.

2007 INSC 18020 February 2007Dismissed

Raymond Ltd. sought to sell its cement division and applied to the Collector under Section 31 of the Indian Stamp Act, 1899 for pre‑assessment of stamp duty. The Collector, after valuation, assessed duty and, under Section 32, endorsed the deed of conveyance, after which the instrument was stamped and registered. The S

UNION OF INDIAversusJUSTICE (RETD.) S. N. SAXENA AND ORS.

2003 INSC 11220 February 2003Dismissed

Retired judges of the High Court, including Justice S.N. Saxena, sought payment of the balance of their leave‑encashment amount or permission to deposit it in the Treasury after retirement. The Union of India refused, relying on the "one‑time settlement" concept in Rule 208 of the All India Services (Leave) Rules, 1955

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

2008 INSC 149519 December 2008Disposed 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 misinterpreted the order by c

RAMDEO KAHAR & ORS.versusSTATE OF BIHAR

2008 INSC 149619 December 2008Dismissed

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 appellants – Ramdeo

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

2008 INSC 149719 December 2008Appeal(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, discriminatory and that they

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

2008 INSC 149819 December 2008Appeal(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 was lodged under IPC

PREMKUMAR & ORS.versusSTATE OF KERALA

2008 INSC 149919 December 2008Case 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 deceased’s father l

HARENDRA NATH CHAKRABORTYversusSTATE OF WEST BENGAL

2008 INSC 150019 December 2008Dismissed

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 Bengal Declaration of Sto

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

2008 INSC 150119 December 2008Dismissed

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 contract. The remaining purc

ROOP SINGH NEGIversusPUNJAB NATIONAL BANK & ORS.

2008 INSC 150219 December 2008Appeal(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 authority dismissed him

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

2008 INSC 150319 December 2008Case 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 Karnataka High Court r

LALITABEN JAYANTILAL POPATversusPRAGNABEN JAMNADAS KATARIA & ORS.

2008 INSC 150419 December 2008Appeal(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 more witnesses, and

PRAMILA SUMANSINGH THAKURversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 150519 December 2008Dismissed

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 part of Plot 569 had

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

2008 INSC 150619 December 2008Case 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 jurisdiction to determine a

STATE OF MANIPUR AND ANR.versusR.K. MANIKANTA SINGH AND ORS.

2003 INSC 74719 December 2003Disposed off

The State of Manipur appealed a High Court judgment that had directed monetary benefits for R.K. Manikanta Singh, a retired Additional Chief Engineer, based on a 1999 order relaxing eligibility criteria for promotion. Singh had been granted a relaxation under Rule 5 of the 1993 Recruitment Rules, enabling his considera

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

2008 INSC 131819 November 2008Appeal(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 sick and closed in 19

HAMIDKHANversusASHABI & ORS.

2008 INSC 131919 November 2008Case 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 sold by public auctio

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

2008 INSC 132019 November 2008Appeal(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 authorities required a co

CORPORATION BANKversusM/S SARASWATI ABHARANSALA AND ANOTHER

2008 INSC 132119 November 2008Appeal(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 rejected it based on

HALEEMA ZUBAIR, TROPICAL TRADERSversusSTATE OF KERALA

2008 INSC 132219 November 2008Appeal(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 45,80,168 received by Po

UNION OF INDIA AND ANR.versusM/S. SOHAN LAL PUGLIA

2003 INSC 64819 November 2003Appeal(s) allowed

The Union of India entered into a contract for the supply and construction of a stone ballast machine, which contained an arbitration clause requiring the appointment of Gazetted officers as arbitrators for disputes exceeding Rs.5 lakh. When the Department failed to appoint an arbitrator, the contractor invoked the cla

SAMGHAJI HARIBA PATILversusSTATE OF KARNATAKA

2006 INSC 71519 October 2006Appeal(s) allowed

The appellant, Samghaji Hariba Patil, was charged under IPC sections 302, 307, 504 r/w 34 for the murder of Murugappa during a land‑related quarrel. The trial court acquitted him, finding that the prosecution had not proved his motive, that the alleged weapon (a hammer) was not typical for agricultural use, and that wi

MAJOR SINGH AND ANR.versusSTATE OF PUNJAB

2006 INSC 71719 October 2006Disposed off

Major Singh and Baldev Singh were convicted of murdering Kashmir Singh by severing his head, allegedly motivated by suspicion that Kashmir had caused the death of their sister Sukhwinder Kaur. The prosecution relied on the eyewitness testimony of Lakhbir Singh, who identified the accused under electric light, and on me

STATE OF MADHYA PRADESHversusMUKESH AND ORS.

2006 INSC 71819 October 2006Disposed off

The State of Madhya Pradesh charged three reservation clerks with abetting Suresh Shah in the illegal procurement and sale of railway tickets under Sections 143(1) and 143(2) of the Railways Act, 1989. Shah was arrested with a large number of tickets and cash, but later absconded, and the clerks were convicted on the b

R. SUNDARARAJANversusSTATE BY D.S.P., SPE, CBI, CHENNAI

2006 INSC 71919 October 2006Dismissed

The appellant, a Group D public servant at the Chennai Harbour Telephone Exchange, demanded and accepted a bribe of Rs.1500 for securing a permanent telephone connection for a subscriber. He was caught red‑handed in a police‑arranged trap, leading to a charge sheet under the Prevention of Corruption Act, 1988. The tria

ANIL SINGH AND ANR.versusSTATE OF BIHAR AND ORS.

2006 INSC 72019 October 2006Case Partly allowed

The appellants, Anil Singh and another, were named in an FIR for the murder of Ranjit Singh but the investigating officer filed a final report clearing them, which the magistrate accepted, and no chargesheet was filed against them. During the trial, witness testimony implicated the appellants, leading the prosecution t

SUBHASH MARUTI AVASAREversusSTATE OF MAHARASHTRA

2006 INSC 72119 October 2006Dismissed

The appellant, accused No.3, was convicted of murder under Section 302 IPC for the killing of Baban, based on eyewitness testimony of the deceased's mother (PW‑1) and other prosecution witnesses. The appellant claimed an alibi, asserting he was unable to walk due to a compound fracture and relied on a doctor's certific

T. VIJAYALAKSHMI AND ORS.versusTOWN PLANNING MEMBER AND ANR.

2006 INSC 72319 October 2006Appeal(s) allowed

The appellants, owners of land converted for non‑agricultural use within a residential zone, applied to the Bangalore Development Authority (BDA) for sanction of a building plan on 29‑Nov‑2004. The BDA delayed the application and eventually rejected it, stating that the land fell in a "Valley Zone" of a proposed compre

UNION OF INDIA AND ORS.versusJUMMASHA DIWAN

2006 INSC 72419 October 2006Appeal(s) allowed

The respondent, a daily‑wage casual worker on a railway electrification project, was retrenched when the project closed and received compensation under Section 25‑F of the Industrial Disputes Act, 1947. He challenged the retrenchment, claiming 1,060 days of continuous service that should have given him higher seniority

COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, A.P.versusSURESH JHUNJHUNWALA AND ORS.

2006 INSC 72719 October 2006Appeal(s) allowed

The appellants, exporters of garments under the Duty Entitlement Pass Book (DEPB) scheme, filed shipping bills claiming export benefits, but the goods were intercepted and found to be cheap garments grossly mis‑declared and heavily over‑invoiced. The Commissioner of Customs ordered confiscation of the goods under Secti

UNION OF INDIA AND ANR.versusS.D. BANDHOPADHYAY AND ORS.

2006 INSC 72819 October 2006Appeal(s) allowed

The case concerned draughtsmen employed in the Ordnance Factories who had received a pay‑scale uplift under an Office Memorandum (OM) dated 13‑Mar‑1984, which was based on educational qualifications. A later OM dated 19‑Oct‑1994 revised pay scales on the basis of length of service and the respondents claimed entitlemen

KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusSAJAL KUMAR ROY AND ORS.

2006 INSC 73019 October 2006Appeal(s) allowed

Kendriya Vidyalaya Sangathan (KVS) advertised eight Lower Division Clerk vacancies with an upper age limit of 25 years, relaxable only for specified categories. Four applicants, including Sajal Kumar Roy, were over‑aged and not members of Scheduled Castes, Scheduled Tribes, or other exempt categories, yet were allowed

STATE OF RAJASTHANversusSARJEET SINGH AND ANR.

2006 INSC 73119 October 2006Appeal(s) allowed

The State of Rajasthan and a Gram Panchayat jointly implemented the "Jal Pradyot Vojna" water‑supply scheme, under which the Gram Panchayat hired Sarjeet Singh as a pump driver on a fixed‑term contract that was extended until the scheme’s completion on 7 Nov 1997. When the scheme ended, his services were terminated. He

YUVARAJ AMBAR MOHITEversusSTTE OF MAHARASHTRA

2006 INSC 73619 October 2006Dismissed

The appellant, a Judo Karate teacher, was accused of murdering his foster sister-in-law after a dispute involving another autorickshaw driver. The prosecution relied on circumstantial evidence, notably that the deceased was last seen with the appellant, and the testimony of three witnesses, including a child who identi

COMMISSIONER EXCISE AND ANR.versusMANOJ ALI AND ANR.

2006 INSC 73719 October 2006Dismissed

The Commissioner of Excise cancelled the wholesale and retail licences of Manoj Ali (respondent) and forfeited his security on the ground that a large quantity of IMFL and beer was seized from a room in the premises, which the department claimed was under his possession. The respondent contended that the seized stock b

KU. RASHMI MISHRAversusMADHYA PRADESH PUBLIC SERVICE COMMISSION AND ORS.

2006 INSC 73819 October 2006Dismissed

Ku Rashmi Mishra, a qualified candidate for the post of Assistant Registrar in a Madhya Pradesh State University, was not selected among 17 candidates chosen by the State Public Service Commission. She filed a writ petition under Article 226 challenging the selection, alleging favoritism and that the interview‑only met

BALDEV SINGHversusSHINDER PAL SINGH AND ANR.

2006 INSC 73919 October 2006Appeal(s) allowed

In the Gram Panchayat election for Sarpanch, both candidates received 412 votes and the Returning Officer, after a draw of lots with written consent, declared Baldev Singh elected. The defeated candidate, Shinder Pal Singh, filed an election petition alleging irregularities, including a torn consent paper and improper

M/S BAY BERRY APARTMENTS PVT. LTD. AND ANR.versusSHOBHA AND ORS.

2006 INSC 74019 October 2006

The testator executed a 1932 Will granting his sons only a life interest in certain properties, with absolute succession to their heirs after death. In 1975 the son, then a minor at the time of the Will, and his own son sold the property to the appellants, although they possessed only a life interest. The daughters of

UNION OF INDIAversusB. VALLUVAN AND ORS.

2006 INSC 74119 October 2006Appeal(s) allowed

The Union of India appointed a Selection Committee to fill three pharmacist vacancies in 1999 and, besides selecting three candidates for immediate appointment, prepared a list of 19 candidates for future vacancies. The panel was cancelled after the three posts were filled, but several aggrieved candidates filed a peti

HARDEV MOTOR TRANSPORTversusSTATE OF M.P. AND ORS.

2006 INSC 74219 October 2006Appeal(s) allowed

Hardey Motor Transport, a holder of contract‑carriage permits, was alleged to be using its buses as stage‑carriage vehicles. The vehicles were detained and the State demanded duty as if the buses were being plied without any permit, even though the appellants had already paid tax at the higher rate applicable to contra

B. VENKATAMUNIversusC.J.YODHYA RAM SINGH AND ORS.

2006 INSC 74319 October 2006Appeal(s) allowed

The case concerned the validity of an unregistered will executed by an unmarried woman, Akkayamma, bequeathing her property to one of the children of her paramour, Jai Singh. The trial court and a single High Court judge rejected the will, citing nine (later twelve) suspicious circumstances surrounding its execution, i

ADISHWAR JAINversusUNION OF INDIA AND ANR.

2006 INSC 74419 October 2006Appeal(s) allowed

The appellant, Managing Director of an exporting company, was alleged to have misdeclared the value and description of alloy steel exports and to have routed excess proceeds through hawala, leading to investigations by the Directorate of Revenue Intelligence. He was arrested in October 2003, released on bail in January

PRITHIPAL SINGHversusSTATE OF PUNJAB AND ORS.

2006 INSC 74519 October 2006Appeal(s) allowed

Sub‑Inspector Prithipal Singh was dismissed on a charge of grave misconduct for allegedly letting a smuggler off after taking money. The appellate authority set aside the dismissal, reinstated him and a departmental inquiry was held, which found the charges unproved and the disciplinary proceeding was dropped. Later, u

DIRECTOR, KRISHI UTPADAN MANDI SAMITI AND ANR.versusM/S. RAM KISHAN DA YA RAM & CO.

2007 INSC 95419 September 2007Dismissed

The State of Uttar Pradesh appointed the U.P. Forest Corporation as its agent to trade in tendu leaves. Under the Uttar Pradesh Krishi Utpadan Mandi Act, a market fee is payable by traders, and a proviso in Section 17(iii)(3) makes the trader liable even if the fee is not realised from the purchaser. The Corporation ag

BINANI ZINC LIMITEDversusKERALA STATE ELECTRICITY BOARD AND OTHERS

2009 INSC 36719 March 2009Reference 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 constituted. The Supreme Co

SUBHASH MAHADEVASA HABIBversusNEMASA AMBASA DHARMADAS (D) BY LRS. AND ORS.

2007 INSC 30919 March 2007Appeal(s) allowed

The case involved three properties allotted to a Hindu joint‑family member (defendant No.2) who mortgaged them and later sold the equity of redemption to the appellant, Habib. The wife and minor sons of defendant No.2 challenged the sale, but the trial court upheld it and the decree became final. Subsequent suits quest

AL CHAMPDANY INDUSTRIES LIMITEDversusTHE OFFICIAL LIQUIDATOR & ANR.

2009 INSC 22019 February 2009Appeal(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 duty on the buyer to

IMDAD ALIversusKESHAV CHAND AND ORS.

2003 INSC 10519 February 2003Appeal(s) allowed

The landlord of a shop in Neemuch sued the heirs of the original tenant for eviction after they defaulted on rent. The original tenant, Badri Lal, had previously avoided eviction by invoking the proviso to sub‑section (3) of section 12 of the Madhya Pradesh Accommodation Control Act, 1961, and paying arrears. After Bad

SAMADHAN DHUDAKA KOLIversusSTATE OF MAHARASHTRA

2008 INSC 146918 December 2008Appeal(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 by the prosecution),

CHETU & ANR.versusSTATE OF MADHYA PRADESH

2008 INSC 147018 December 2008Appeal(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 the credibility of t

LAL SURAJ @ SURAJ SINGH & ANR.versusSTATE OF JHARKHAND

2008 INSC 147218 December 2008Appeal(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 testimony of PW‑6 (a no

VINOD SOLANKIversusUNION OF INDIA & ANR.

2008 INSC 147318 December 2008Appeal(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 penalty based largely on

STATE OF M.P.versusBABLU NATT

2008 INSC 147418 December 2008Appeal(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 statutory minimum of s

EX. CONSTABLE RAMVIR SINGHversusUNION OF INDIA & ORS.

2008 INSC 147518 December 2008Dismissed

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 dismissal on grounds of

NAGARAJAversusSTATE OF KARNATAKA

2008 INSC 147618 December 2008Case 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 performing his duties, and

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

2008 INSC 147918 December 2008Appeal(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 mark under Section 46(

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

2008 INSC 148018 December 2008Appeal(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 the punishment harsh,

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

2008 INSC 148118 December 2008Appeal(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 a fee because indus

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

2008 INSC 148218 December 2008Dismissed

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 prescribed in clauses

C. CHERIATHANversusP. NARAYANAN EMBRANTHIRI

2008 INSC 148318 December 2008Appeal(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 condition of repurchase (a

NATIONAL INSURANCE CO. LTD.versusRATTANI AND OTHERS

2008 INSC 148418 December 2008Appeal(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 Vehicles Claims Tribuna

SHRI NAJMUDDIN & ORS.versusUNION OF INDIA & ORS.

2008 INSC 148518 December 2008Dismissed

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 an award. The High

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

2008 INSC 148618 December 2008Appeal(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. The Supreme Court ex

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

2008 INSC 148918 December 2008Appeal(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 appellant. The respondent ap

STATE OF HARYANAversusBHUP SINGH & ORS.

2008 INSC 149018 December 2008Case 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 considered only after 20 yea

ASSURANCE COMPANY LTD.versusSADANAND MUKHI AND OTHERS

2008 INSC 149118 December 2008Appeal(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. The insurer contended

PANCHI DEVIversusSTATE OF RAJASTHAN & ORS.

2008 INSC 149218 December 2008

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 High Court dismissed

HARISHCHANDRA HEGDEversusSTATE OF KARNATAKA AND ORS.

2003 INSC 73818 December 2003Dismissed

The appellant purchased a two‑acre parcel of land granted to Smt. Gangamma in 1961 and invested in improvements. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which came into force in 1979, declares any transfer of such granted land in contravention of the gra

E.A. SATHY ANESANversusV.K. AGNIHOTRI AND ORS.

2003 INSC 73918 December 2003Appeal(s) allowed

The appellant, a railway employee, challenged the Railway Administration's use of the 40‑point roster for promotions on the basis of vacancies rather than cadre strength. The Central Administrative Tribunal (CAT) held that reservation must operate on cadre strength and seniority, directing the Railways to work out reli

SUDHAKAR VITHAL KUMBHAREversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 64018 November 2003Case Partly allowed

Sudhakar Vithal Kumbhare, a resident of Madhya Pradesh belonging to the Halba tribe, was promoted to Assistant Engineer in the Maharashtra State Electricity Board under a reserved post. The Board later reverted him to Junior Engineer, arguing that he was not entitled to reservation benefits in Maharashtra. The Supreme

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

2008 INSC 105818 September 2008Appeal(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 held the termination il

THE STATE OF PUNJAB & ORS.versusPREM SARUP

2008 INSC 105918 September 2008Dismissed

Constable Prem Sarup was convicted under Section 170 IPC for an offence in 1974, but the conviction was set aside in 1979 because the principal prosecution witnesses turned hostile. The Punjab Police nevertheless initiated disciplinary proceedings under Rule 16.3(1)(b) of the Punjab Police Rules, 1934, imposing a two‑y

KERALA STATE ELECTRICITY BOARDversusMR. SARATCHANDRAN P. & ANR.

2008 INSC 106018 September 2008Appeal(s) allowed

The Kerala State Electricity Board (KSEB) maintained two separate services, the General Establishment and the Board Secretariat Service. Two employees of the Secretariat Service, S.G. Rajappan and L. Radhadevi, received out‑of‑turn promotions that were later declared illegal. The senior employee in the General Establis

BHAVYA APPARELS PRIVATE LIMITED AND ANRversusUNION OF INDIA

2007 INSC 93518 September 2007Case Partly allowed

Bhavya Apparels Private Ltd appealed a customs duty assessment. The Customs Appellate Tribunal dismissed the appeal for failure to pre‑deposit Rs 3 crores as required under Section 129E of the Customs Act, 1962, and the Gujarat High Court affirmed that order. The Supreme Court held that Section 129E applies only when t

M. NAGA VENKATA LAKSHMIversusVISAKHAPA TNAM MUNICIPAL CORPN. AND ANR.

2007 INSC 94418 September 2007Disposed off

M. Naga Venkata Lakshmi purchased a 167‑sq‑yd plot in an unapproved layout that was later incorporated into the approved Radha Krishna Nagar layout, where her plot was shown as a reserved open space. Her application for building‑plan sanction was rejected by the Visakhapatnam Municipal Corporation on that ground. She f

SHIV KUMAR SHARMAversusSANTOSH KUMARI

2007 INSC 94518 September 2007Disposed off

Shiv Kumar Sharma and Santosh Kumar entered into a reciprocal agreement to exchange shops, gave each other vacant possession, but the sale deeds were never executed. Santosh Kumar sued for possession of his shop and a permanent injunction; the trial court granted both and the High Court, while confirming possession, al

STATE OF ORISSA AND ORS.versusM/S. TATA SPONGE IRON LTD.

2007 INSC 94618 September 2007Dismissed

The State of Orissa appealed a High Court order that had allowed Mis. Tata Sponge Iron Ltd. to claim sales‑tax exemption under the Industrial Policy Resolution (IPR) 1992 and Notification SRO No.1091 of 1992. The company, classified as a large‑scale unit, had expanded its plant in 1997 and sought exemption on the basis

UNION OF INDIA AND ORS.versusS. VINODH KUMAR AND ORS.

2007 INSC 94718 September 2007Appeal(s) allowed

The Union of India appealed against a High Court order that directed the Railway authority to lower the cut‑off marks for general‑category candidates so that they could be appointed to unfilled reserved (SC/ST) posts. The vacancies for the post of Gangman were advertised with reservation and category‑wise cut‑off marks

STATE OF TAMIL NADUversusSESHACHALAM

2007 INSC 94818 September 2007Appeal(s) allowed

The case concerned employees of the Tamil Nadu Secretariat who, after the Finance and Law Departments were excluded from the "one unit" promotion scheme, were promoted ahead of their seniors in other departments. The State issued G.O. No.126 (1998) to step‑up the pay of senior employees recruited before 28‑Jan‑1994 to

MODERN SCHOOLversusSHASHI PAL SHARMA AND ORS.

2007 INSC 95018 September 2007Appeal(s) allowed

The case concerned a Sanskrit teacher who resigned from Modern School on 17‑03‑1997. The school’s managing committee accepted the resignation on 19‑03‑1997, subject to the Director of Education’s approval, which was not received within the statutory 30‑day period, thereby deemed approved under Section 114A of the Delhi

STATE OF PUNJABversusDEEPAK MATTU

2007 INSC 95118 September 2007Appeal(s) allowed

The respondent, a public servant, was convicted under the Prevention of Corruption Act and sentenced to 18 months' rigorous imprisonment. He appealed the conviction and, under Section 389 of the CrPC, sought suspension of the conviction; the Special Court granted it, and the High Court upheld the suspension. The State

SHRI MUNDRI LALversusSMT. SUSHILA RANI AND ANR.

2007 INSC 95218 September 2007Dismissed

The tenant, Shri Mundri Lal, challenged an eviction suit filed by his landlord, Smt. Sushila Rani, under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, contending that the premises were a "new construction" and therefore exempt under Section 2(2) of the Act. The trial court held

JAGDISH AND ANRversusSTATE OF MADHYA PRADESH

2007 INSC 93618 September 2007Appeal(s) allowed

The appellants Jagdish, Devidayal, Mangoo and Thakurdas were charged with murder under IPC s.302 r/w s.34 for the death of Mansingh. The trial court acquitted them, finding contradictions in prosecution witnesses and noting that medical evidence did not support the ocular testimony regarding injuries on the back of the

ANIL RITOLLA@ A.K. RITOLIAversusSTATE OF BIHAR & ANR.

2007 INSC 93718 September 2007Appeal(s) allowed

The appellant, an authorised dealer of Hindustan Lever Ltd, was alleged to have failed to furnish Form IX‑C required under the Bihar Sales Tax Rules to the purchaser, who filed a criminal complaint alleging offences under IPC sections 427, 384 and 420/34, claiming a malafide intention. A Judicial Magistrate took cogniz

JAGANNATHversusSTATE OF M.P.

2007 INSC 93818 September 2007Case Partly allowed

The appellant Jagannath and co-accused Prabhudayal stole wood, leading to an altercation in which Prabhudayal struck the deceased Ramsingh on the head with an axe, causing his death. Jagannath assaulted two witnesses, causing only simple injuries. The trial court convicted both under Section 302 read with Section 34 of

STATE OF KARNATAKAversusAMEER JAN

2007 INSC 93918 September 2007Dismissed

The respondent, Ameerjan, a second‑division assistant in the Registrar of Firms and Co‑operative Societies, was alleged to have demanded a bribe of Rs 300 for issuing a certificate. He was charged under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The sanctioning authority, the Com

MAKSUD SAIYEDversusSTATE OF GUJARAT AND ORS.

2007 INSC 94018 September 2007Dismissed

The appellant, a director of Nagami Nicotine Pvt. Ltd., alleged that Dena Bank had inserted false information in its prospectus for a public issue, claiming a pending suit before the Debt Recovery Tribunal instead of the City Civil Court. He filed a criminal complaint alleging defamation and other offences against the

DINESH DALMIAversusC.B.I

2007 INSC 94118 September 2007Dismissed

The CBI filed an FIR against Dinesh Dalmia and three companies for alleged fraud and filed a charge‑sheet under Section 173(2) CrPC after Dalmia had absconded to the United States. Cognizance was taken, and Dalmia was arrested on a non‑bailable warrant; the CBI repeatedly sought judicial custody of him under Section 16

MOHAN MAHTOversusM/S. CENTRAL COAL FIELD LTD. & ORS.

2007 INSC 94318 September 2007Appeal(s) allowed

A workman employed by Central Coal Field Ltd. died in harness on 23‑02‑1997. His son, Mohan Mahto, applied for a compassionate appointment under sub‑clause (iii) of Clause 9.5.0 of the National Coal Wage Agreement (NCWA V), which required that a male dependent aged 15 or above be kept on a live roster and appointed upo

P.R. PRABHAKARversusCOMMISSIONER OF INCOME TAX, COIMBATORE

2006 INSC 44318 July 2006Appeal(s) allowed

P.R. Prabhakar, who exported his own products and also procured export contracts for others on commission, earned a commission of Rs 56,693 and incurred a loss of Rs 6,372 on the export of goods in AY 1990‑91. He claimed a deduction under s.80HHC of the Income Tax Act, 1961. The Assessing Officer and the Commissioner d

SAYEDA AKHTARversusABDUL AHAD

2003 INSC 32118 July 2003Appeal(s) allowed

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961, alleging non‑payment of rent and nuisance. The tenant failed to pay the arrears and did not apply for an extension of time to deposit the rent. The trial court decreed eviction, which was affirmed by the fir

AASHIRWAD FILMSversusUNION OF INDIA & ORS.

2007 INSC 63518 May 2007Case Allowed

Aashirwad Films, a distributor of Hindi movies in Andhra Pradesh, challenged the Andhra Pradesh Entertainment Tax Act, 1939 which imposed a 10% tax on Telugu films and a 24% tax on non‑Telugu films, alleging discrimination. The petition under Article 32 argued that the classification based solely on language violated A

SURJIT SINGH AND ANRversusSTATE OF PUNJAB

2007 INSC 63618 May 2007Appeal(s) allowed

The case concerned the murder of Harbans Kaur and alleged criminal trespass and unlawful assembly by five police officers, of whom two (Surjit Singh, son of Gian Singh, and Daljit Singh) appealed. The trial court and High Court had convicted the appellants under Sections 302, 148, 149 and 450 of the IPC. The Supreme Co

M/S. KAMAKSHI BUILDERSversusM/.S. AMBEDKAR EDUCATIONAL SOCIETY AND ORS.

2007 INSC 63718 May 2007Appeal(s) allowed

The appellant, Kamakshi Builders, entered into a partnership with the owner of a property (Respondent No.3) and, through an arbitration award, acquired ownership of the premises that had been leased to Ambedkar Educational Society (Respondent No.1). The society claimed title to the property on the basis of an alleged o

THE KERALA STATE ELECTRICITY BOARDversusLIVISHA ETC. ETC.

2007 INSC 63818 May 2007Appeal(s) allowed

The Supreme Court examined appeals by the Kerala State Electricity Board (KSEB) against the High Court’s enhancement of compensation for fruit‑bearing trees cut to lay a 110 kV electric line. The Board had originally determined compensation under Section 10 of the Telegraph Act, 1885, using a 5% annuity rate, but the H

BAJRANG FACTORY LTD. AND ANRversusUNIVERSITY OF CALCUTTA AND ORS

2007 INSC 63918 May 2007Dismissed

The testator, Nerode Chandra Vasu Mullick, executed a will bequeathing his immovable property to his son Hamir Chandra Vasu Mullick for life, with further appointments to his sons, grandsons, or, failing male issue, to daughters or their sons. The will contained clauses allowing conversion of the property and an option

BUDH SINGHversusSTATE OF M.P.

2007 INSC 64018 May 2007Disposed off

Budhsingh was convicted for murder under Sections 302/34 and 307/34 of the IPC. He appealed to the Supreme Court alleging that the FIR was not ante‑timed, that the investigation was defective, that the ballistic evidence was unreliable, and that the post‑mortem timing and lack of blackening of the wound cast doubt on t

NARAIN PRASAD AGGARWAL (D) BY LRS.versusSTATE OF M.P.

2007 INSC 64218 May 2007Disposed off

The plaintiff, Narain Prasad Aggarwal, claimed ownership of a parcel of land that had been auctioned in 1859 and subsequently passed down through his ancestors. The State of Madhya Pradesh asserted that the land was Nazul land held by the government on lease to the plaintiff's predecessor, Putri Sethani, and that the S

BIDHANNAGAR (SALT LAKE) WELFARE ASSONversusCENTRAL VALUATION BOARD AND ORS.

2007 INSC 64318 May 2007Disposed off

The Bidhannagar Welfare Association, whose members occupied lands and buildings in Bidhannagar Municipality, challenged the West Bengal Central Valuation Board (Amendment) Act, 1994, which altered the procedure for municipal tax valuation by removing the pre‑decisional hearing and vesting review powers in a committee c

COMMISSIONER OF INCOME TAX, NEW DELHIversusORIENTAL FIRE & GENERAL INSURANCE CO.LTD.

2007 INSC 64418 May 2007Disposed off

The Commissioner of Income Tax appealed against Oriental Fire & General Insurance Co. Ltd, contending that the insurer could not claim deductions for a provision for taxation and a reserve for bad and doubtful debts. The Supreme Court examined the computation of income for insurance businesses under Section 44 of the I

SHEEL KR ROYversusSECRETARY M/O DEFENCE AND ORS.

2007 INSC 64518 May 2007Appeal(s) allowed

Sheel Kumar Roy, an Army serviceman who suffered from psychiatric illness, was repeatedly admitted to military hospitals and was on medical leave from July 1990 to July 1991. A Court of Enquiry under Army Rule 22 recommended that his period of absence be regularised as medical leave, but the commanding officer ignored

NAGAR MAHAPALIKA KANPURversusSMT. VIBHA SHUKLA AND ORS.

2007 INSC 64618 May 2007Appeal(s) allowed

Vibha Shukla, a sports teacher, was appointed on a temporary basis under the Uttar Pradesh Municipal Corporations Adhiniyam, 1959, with successive extensions before being terminated in 1980. She challenged the termination and sought regularisation of her services under section 16(GG) of the Uttar Pradesh Intermediate E

DILIP N. SHROFFversusJOINT COMMISSIONER OF INCOME TAX, MUMBAI AND ANR.

2007 INSC 64718 May 2007Appeal(s) allowed

The appellant, a Hindu Undivided Family, reported a long‑term capital loss on the sale of its one‑fourth share in a property and relied on a valuation report prepared by a registered valuer. The Assessing Officer, after adopting a higher valuation by the District Valuation Officer, levied a penalty under Section 271(1)

UCO BANK AND ANR.versusRAJINDER LAL CAPOOR

2007 INSC 64818 May 2007Dismissed

The respondent, a Branch Manager of UCO Bank, was superannuated on 1 November 1996 after show‑cause notices were issued for alleged irregularities in sanctioning PMRY loans. A charge‑sheet was issued only on 13 November 1998, well after his retirement, and disciplinary proceedings were launched under Regulation 20(3)(i

SRI T. ASHOK PAIversusCOMMISSIONER OF INCOME TAX, BANGALORE

2007 INSC 64918 May 2007Appeal(s) allowed

T. Ashok Pai, an individual taxpayer whose returns were prepared by a professional group at Syndicate Bank, filed revised returns after the tax department demanded better particulars. The department later initiated penalty proceedings under section 271(1)(c) of the Income Tax Act, alleging concealment of income. The In

S. RATHINAM@ KUPPAMUTHU AND ORS.versusL.S. MARIAPPAN AND ORS.

2007 INSC 65018 May 2007Dismissed

The case concerned a private family temple, Pechiamman Temple, whose management rights were disputed among two branches of the founding family. The plaintiff sought to invalidate the will of Lakshmanan Chettiar, arguing that the right to manage the temple (shebaitship) could not be transferred by testament. The trial c

RAMESH CHANDRA SHARMAversusPUNJAB NATIONAL BANK AND ANR.

2007 INSC 65118 May 2007Disposed off

Ramesh Chandra Sharma, a manager of Punjab National Bank, was charged with negligence and misconduct in loan disbursement. The disciplinary authority proved the charges and dismissed him, but he superannuated before the order was finalized. The High Court substituted the dismissal with a order withholding his retiral b

VIJAYKUMAR BALDEV MISHRA @SHARMAversusST ATE OF MAHARASHTRA

2007 INSC 65218 May 2007Disposed off

The appellant, Vijay Kumar Baldev Mishra, was charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and IPC for a gang‑related murder. A Review Committee, set up under the Kartar Singh guidelines, recommended that the TADA provisions were inapplicable because the offence was motivated by persona

SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRAversusSTATE OF KARNATAKA

2007 INSC 65318 May 2007Matter referred to larger bench

The appellant, Swamy Shraddananda (aka Murali Manohar Mishra), was convicted of murdering his wife, Shakereh, a wealthy woman who disappeared in May 1991. Investigations uncovered a wooden box in the backyard of their house containing skeletal remains identified through forensic, DNA and photo‑superimposition evidence

SMT. ASS KAUR (DECEASED) BY L.RS.versusKARTAR SINGH (DEAD) BY L.RS. AND ORS.

2007 INSC 65418 May 2007Dismissed

The case concerned the inheritance of ancestral land of the Sidhu Jat community in Punjab. After the death of Relu Singh, his two widows – Sobhi and Raj Kaur – and his two sons succeeded to the estate. When the sons died without issue, the property was mutated in favour of the widows, and Raj Kaur, who had remarried he

M/S. AMBICA INDUSTRIESversusCOMMISSIONER OF CENTRAL EXCISE

2007 INSC 65518 May 2007Dismissed

Ambica Industries, carrying on business in Lucknow, was assessed to central excise there and appealed to the Central Excise and Service Tax Appellate Tribunal (CESTAT) in Delhi, which has jurisdiction over Uttar Pradesh, Delhi and Maharashtra. The appellant filed a further appeal under Section 35G of the Central Excise

STATE OF U.P. AND ORS.versusJEET S. BISHT AND ANR.

2007 INSC 65618 May 2007Disposed off

The petitioners, the State of Uttar Pradesh and others, appealed against a High Court order that directed the State Government to create at least five State Consumer Forums, prescribe salaries and allowances for members, and grant retired High Court judges the same facilities as sitting judges. The Supreme Court examin

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

2009 INSC 36118 March 2009Appeal(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 was ultra vires of Se

RENUKAversusSTATE OF KARNATAKA & ANR.

2009 INSC 20518 February 2009Disposed 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 recording any reasons. Aft

CITY MONTESSORI SCHOOLversusSTATE OF UTTAR PRADESH & ORS.

2009 INSC 20618 February 2009Dismissed

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 Court quashed the noti

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

2009 INSC 20718 February 2009Disposed 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 amended the plaint t

ORIENTAL INSURANCE CO. LTD.versusANGAD KOL AND ORS.

2009 INSC 20918 February 2009Appeal(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 insurance contract. The

CHIEF FOREST CONSERVATOR (WILD LIFE) AND ORS.versusNISAR KHAN

2003 INSC 9918 February 2003Disposed off

The Supreme Court examined whether a licence could be granted to Nisar Khan for dealing in captive birds listed in Schedule IV of the Wildlife (Protection) Act, 1972 when hunting—including trapping—of those species is prohibited under Section 9. The High Court had directed the licensing authority to grant such a licenc

KRISHNANANDAversusKATTU SIVA ASHRAM AND ORS.

2007 INSC 6518 January 2007Dismissed

The plaintiff filed a suit against Defendant No. 4, who claimed title to the land by adverse possession. The trial court dismissed the suit and the defendant did not appeal that decision. The First Appellate Court held that neither the plaintiff nor the defendant had acquired title, and the defendant then filed a secon

STATE OF PUNJABversusBAHADUR SINGH & ORS.

2008 INSC 145617 December 2008Appeal(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 Court. The key issue

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

2008 INSC 145917 December 2008Appeal(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 evidence. The complainant f

DHARIWAL TOBAGO PRODUCTS LTD. AND OTHERSversusSTATE OF MAHARASHTRA AND ANOTHER

2008 INSC 146017 December 2008Appeal(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 Procedure, 1973 seeking

UNION OF INDIA & ORS.versusPRAKASH KUMAR TANDON

2008 INSC 146117 December 2008Dismissed

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 as a witness, but t

D.S. GREWALversusVIMMI JOSHI & ORS.

2008 INSC 146217 December 2008Disposed 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 against the officers

U.R. VIRUPAKSHAIAHversusSARVAMMA & ANR.

2008 INSC 146317 December 2008Appeal(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 family while dictati

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

2008 INSC 146417 December 2008Dismissed

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 certain workshops, exclud

AVINASH KUMAR CHAUHANversusVIJAY KRISHNA MISHRA

2008 INSC 146517 December 2008Dismissed

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 of the consideratio

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

2008 INSC 146617 December 2008Dismissed

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 long‑serving employees appointe

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

2008 INSC 146717 December 2008Appeal(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 there was no explicit

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

2008 INSC 130717 November 2008Appeal(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 Service Tax Appellate T

P. VENUGOPALversusMADAN P. SARATHI

2008 INSC 116717 October 2008Dismissed

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 appellate courts found that

ROHIT SINGH AND ORS.versusSTATE OF BIHAR (NOW STATE OF JHARKHAND) AND ORS.

2006 INSC 70617 October 2006Disposed off

The plaintiff filed a suit for declaration of title and possession of land against the Divisional Forest Officer and the State of Bihar. After the suit proceeded to trial, several third parties (defendants 3‑17) intervened, later amended their written statements and were treated by the trial court as having filed a cou

A. MOHAMMED BASHEERversusSTATE OF KERALA AND ORS.

2003 INSC 31717 July 2003Appeal(s) allowed

The Kerala Forest Department auctioned the right to collect residual tree growth and fire wood. The appellant bid Rs 3,00,100, but before the bid was confirmed a fire destroyed a substantial part of the subject matter. The appellant requested a reduction in the bid amount, yet the Managing Director confirmed the bid an

GANNMANI ANASUYA AND ORS.versusPARVATINI AMARENDRA CHOWDHARY AND ORS.

2007 INSC 61717 May 2007Case Partly allowed

The plaintiffs, sons of the family Karta, sued the appellants for partition of two properties and for a decree directing the appellants to render accounts of a poultry‑tube manufacturing joint venture, claiming a 2/3 share in one property and a 4/9 share in the other. The appellants contended that the business was thei

TEJSHREE GHAG ETC. ETC.versusPRAKASH PARASHURAM PATIL AND ORS. ETC. ETC.

2007 INSC 61817 May 2007Dismissed

The petitioners, appointed as Assistant Deputy Educational Inspectors, were transferred to lower‑pay posts, resulting in loss of salary and seniority. They challenged the transfers before the Maharashtra Administrative Tribunal, which dismissed their applications, and the High Court later set aside the tribunal’s order

MADISHETTI BALA RAMUL (D) BY LRS.versusTHE LAND ACQUISITION OFFICER

2007 INSC 61917 May 2007Case Partly allowed

The appellants, owners of 4 acres 10 guntas of land, were dispossessed after a notification dated 16‑03‑1979 and possession taken on 18‑05‑1979. The first award covered only 1 acre 5 guntas, and the remaining 3 acres 5 guntas were later found to belong to the appellants. A second notification was issued on 23‑12‑1991 a

M/S. TANNA AND MODIversusC.L.T. MUMBAI XXV AND ORS.

2007 INSC 62017 May 2007Dismissed

The appellant, a partnership firm, made a voluntary disclosure under the Voluntary Disclosure of Income Scheme, 1997 and received a certificate of immunity. Later, a search and seizure operation on the firm’s partners uncovered undisclosed income that the firm had failed to reveal in its VDIS application. The Commissio

AFZALKHAN @ BABU MURTUZAHAN PATHANversusSTATE OF GUJARAT

2007 INSC 62417 May 2007Dismissed

The appellants, accused under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for allegedly undergoing terrorist training in Pakistan, providing monetary assistance and possessing a large quantity of arms, appealed to the Supreme Court against the denial of bail. They contended that no overt act was pro

REGIONAL INSTITUTE OF MEDICAL SCIENCE AND ANR.versusS. BHAGYABATI DEVI

2007 INSC 62517 May 2007Dismissed

The Regional Institute of Medical Sciences (RIMS) promoted Dr. Taruni, a Medical Officer (SPM), to Assistant Professor in 1995, while Dr. Bhagyabati, also a Medical Officer, was promoted in 1998. Bhagyabati challenged Taruni's seniority, arguing that the SPM post was not a teaching post and therefore Taruni was ineligi

COMMISSIONER OF CUSTOMS (PORT), CHENNAIversusM/S. TOYOTA KIRLOSKAR MOTOR PVT.LTD.

2007 INSC 62617 May 2007Dismissed

The appellant, the Commissioner of Customs (Port) Chennai, appealed against the CESTAT order that excluded royalty and technical know‑how fees from the transaction value of capital goods imported by Mis. Toyota Kirloskar Motor Pvt. Ltd. for setting up an automobile plant. The dispute centered on whether such payments,

HATTI SINGHversusSTATE OF HARYANA

2007 INSC 42817 April 2007Appeal(s) allowed

The appellant Hatti Singh was convicted under Sections 364, 302 and 120(1) read with Section 34 IPC and Section 25 of the Arms Act for the murder of the deceased whose body was recovered after 14 days. The conviction was based on the recovery of the deceased's belongings from the appellant, his confession leading to th

COAL INDIA LTD. AND ORS.versusSAROJ KUMAR MISHRA

2007 INSC 42917 April 2007Dismissed

The respondents, senior officers of Mahanadi Coalfields Ltd., a government company, were recommended for promotion but were denied promotion because vigilance cases were pending against them, while their juniors were promoted. They filed writ petitions seeking notional promotion from the date their juniors were promote

USHA RAJKHOWA & ORS.versusPARAMOUNT INDUSTRIES & ORS.

2009 INSC 19817 February 2009Appeal(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 negligence by the ca

AZHAR SULTANAversusB. RAJAMANI & ORS.

2009 INSC 20017 February 2009Disposed 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. The Supreme Court e

SNEH GUPTAversusDEVI SARUP & ORS.

2009 INSC 20117 February 2009Dismissed

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 suits, but Gupta and o

MADAN MOHAN MISHRAversusCHANRIKA PANDEY (DEAD) BY LRS.

2009 INSC 20217 February 2009Dismissed

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 Act, 1953, and the ap

M. CHANDRUversusTHE MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY & ANR.

2009 INSC 20317 February 2009Appeal(s) allowed

Builders and developers applied for planning permission from the Chennai Metropolitan Development Authority (CMDA) and were required to pay Infrastructure Development Charges (IDC) of Rs.64 per square metre, which the CMDA collected on behalf of the Chennai Metropolitan Water Supply and Sewerage Board (the Sewerage Boa

AVINASH HANSRAJ GAJBHIYEversusOFFICIAL LIQUIDATOR, M/S. V. PHARMA. P. LTD.

2006 INSC 9317 February 2006Dismissed

The appellant, a legal representative of an ex‑director of a company that had been liquidated, challenged a Company Judge's order that held all former directors jointly and severally liable for a sum with interest in a misfeasance proceeding. The Company Judge dismissed the appellant's application for review of that or

MILKMEN COLONY VIKAS SAMITIversusSTATE OF RAJASTHAN & ORS.

2007 INSC 4917 January 2007Directions issued

The Milkmen Colony Vikas Samiti, whose dairy plots were allotted in Jodhpur in 1956, allowed their cattle to stray, creating health hazards and traffic risks for city residents. A public interest writ petition was filed under Article 226 seeking removal of stray cattle and relocation of the dairies outside the city. Th

I.C.M.R. AND ORS.versusK. RAJYALAKSHMI

2007 INSC 5617 January 2007Appeal(s) allowed

The Indian Council of Medical Research (ICMR) implemented the National Nutrition Monitoring Bureau project, funded by a year‑to‑year grant‑in‑aid from the Central Government. K. Rajyalakshmi was appointed to a temporary, year‑to‑year post on 1 April 1975. She sought regularisation of her services, and the matter was tr

A.P.S.R.T.C. & ORS.versusB. BODAN REDDY (DEAD) BY LRS. & ORS.

2007 INSC 5717 January 2007Appeal(s) allowed

The appellants, a corporation, created two separate regions, Warangal and Karimnagar, and assigned the respondents as security guards in Warangal. After the bifurcation, a vacancy arose in Karimnagar and a junior employee, Mr. T.J. Reddy, who was lower on the combined seniority list, was promoted to Security Head Guard

STATE OF PUNJAB AND ANR.versusTEJA SINGH AND ORS.

2007 INSC 5817 January 2007Dismissed

The respondents, originally appointed as Masters and later promoted to Lecturers, were provisionally posted as Headmasters from 1974 to 1978. When the State of Punjab later denied them promotion to Principal, Grade II on the ground that their provisional Headmaster posting caused them to lose their lien on the Lecturer

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