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1538 judgments · newest first · showing 401–600

THE STATE OF PUNJAB & ORS.versusPREM SARUP

2008 INSC 1059Dismissed

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, …

KERALA STATE ELECTRICITY BOARDversusMR. SARATCHANDRAN P. & ANR.

2008 INSC 1060Appeal(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 …

RAJIV ARORAversusUNION OF INDIA & ORS.

2008 INSC 990Case Partly allowed

Rajiv Arora, a commissioned officer of the Indian Air Force, applied for premature retirement and received a good conduct certificate, but a disciplinary proceeding was later initiated against him with seven charges. A General Court Martial was convened, but the witnesses for the first three charges …

NATIONAL INSURANCE CO. LTD.versusABHAYSING PRATAPSING WAGHELA AND ORS.

2008 INSC 992Dismissed

The first respondent, a third‑party rider, suffered severe injuries when a truck insured by National Insurance Co. Ltd. (the appellant) collided with his vehicle. A cheque for the vehicle's premium was tendered before the accident but was later dishonoured; nevertheless, the insurer issued a cover …

CHIEF EXECUTIVE OFFICER, N.S.S.O. & ORS.versusBISWA BHUSAN NANDI

2008 INSC 993Dismissed

The case concerned a matriculate ex‑serviceman with over 15 years of defence service who applied for a Group‑C Data Entry Operator post where the essential qualification was graduation with mathematics or statistics. Under a 1986 DOPT notification and Rule 6 of the Ex‑Servicemen (Re‑employment) …

K. VILASINI & ORS.versusEDWIN PERIERA & ORS.

2008 INSC 994Dismissed

The appellants (mortgagees) challenged a High Court order that had extended time for the mortgagor to deposit the amount representing the value of improvements on mortgaged property. The trial court had repeatedly extended the deadline under Order XXXIV Rule 5 of the CPC, and the mortgagor …

RAJU RAMSING VASAVEversusMAHESH DEORAO BHIVAPURKAR & ORS.

2008 INSC 1000Appeal(s) allowed

The appellant, a co‑employee of Mahesh Deorao Bhivapurkar, challenged a High Court order that had declared Bhivapurkar a member of the Halba Scheduled Tribe and directed the employer to accept his caste certificate. The Supreme Court held that the High Court's decision was unsustainable, did not …

M/S GREEN EARTH ASPHALT & POWER P. LTD.versusSTATE OF MAHARASHTRA TR. P.S.O. & ORS.

2008 INSC 931Case Partly allowed

The appellant, M/s Green Earth Asphalt & Power P. Ltd., filed a criminal complaint under Section 141 of the Negotiable Instruments Act alleging offences by the firm and its partners. The High Court, invoking Section 482 of the Code of Criminal Procedure, quashed the entire criminal proceeding, …

SUBODH S. SALASKARversusJAYPRAKASH M. SHAH & ANR.

2008 INSC 890Case Allowed

The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the …

SAMUNDRA DEVI AND ORS.versusNARENDRA KAUR AND ORS.

2008 INSC 892Case Allowed

A truck owned by Respondent No.1 and driven by Respondent No.2, insured by Respondent No.3, collided with a car, causing the death of the car occupant. The claimants filed a compensation claim under s.166 of the Motor Vehicles Act, 1988 and the Accident Claims Tribunal awarded Rs.13,32,000, holding …

RAM BABUversusUNITED INDIAN INSURANCE CO. LTD. & ORS.

2008 INSC 893Dismissed

The case arose from a motor accident on 27 January 1996 in which two relatives of the claimant died or were injured, leading the dependents to claim compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation and held United Indian …

D. PURUSHOTAMA REDDY & ANR.versusK. SATEESH

2008 INSC 894Case Partly allowed

The appellants issued cheques for a Rs 2,00,000 loan which were dishonoured, leading to criminal proceedings under Sections 138 and 142 of the Negotiable Instruments Act. They were convicted, fined Rs 2,10,000 and the criminal court, invoking Section 357 of the CrPC, directed that Rs 2,00,000 be …

BABY VARGHESEversusSTATE OF KERALA

2008 INSC 895Disposed off

The appellant, a dealer in aluminium household utensils, purchased old aluminium vessels and scrap which were processed into new utensils. The issue was whether the purchase turnover of such scrap and old utensils fell under Entry 5 (aluminium household utensils) or Entry 83 (metal scraps) of the …

ANIL KUMAR SHAHI AND ORS.versusPROF. RAM SEVAK YADAV AND ORS.

2008 INSC 860Dismissed

The petitioners, former candidates for principal and senior lecturer posts, claimed that the Uttar Pradesh Public Service Commission (UPPSC) had willfully ignored Supreme Court orders (dated 10 Jan 2001 and 20 Feb 2002) directing it to apply a uniform eligibility criteria. The UPPSC issued an office …

DLF UNIVERSAL LTD.versusEKTA SETH & ANR.

2008 INSC 832Disposed off

DLF Universal Ltd sold a flat to Ekta Seth & others under an Apartment Buyer’s Agreement that allowed the seller to increase the price and stipulated forfeiture of earnest money for default. The buyers paid installments for five years but stopped after the seller demanded a cost‑escalation sum and …

NOOR AGAversusSTATE OF PUNJAB & ANR.

2008 INSC 785Case Allowed

The appellant, an Afghan national, was seized at Raja Sansi Airport with 22 packets of heroin and later arrested after a 15‑hour delay. He initially confessed to customs officials but later retracted, and was convicted under Sections 22 and 23 of the NDPS Act, a judgment affirmed by the High Court. …

KAPILA HINGORANI & ANR.versusSTATE OF BIHAR & ANR.

2008 INSC 778Disposed off

The case arose from the division of the original State of Bihar into Bihar and Jharkhand under the Bihar Reorganisation Act, 2000, which created the Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) to take over the Bihar Hill Area Lift Irrigation Corporation (BHALCO). Employees of BHALCO …

ASLAM MOHD. MERCHANTversusCOMPETENT AUTHORITY & ORS.

2008 INSC 782Appeal(s) allowed

The Supreme Court examined the forfeiture proceedings initiated against the relatives of Iqbal Mohammed Memon (alias Iqbal Mirchi) under Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants challenged the validity of the show‑cause notices, contending that the …

BIKOBA DEORA GAIKWAD & ORS.versusHIRABAI MARUTIRAO GHORGARE

2008 INSC 734Dismissed

The parties were involved in a partition suit filed in 1969, which resulted in a decree on 27 June 1975 declaring each party's one‑third share and directing that the partition be effected by the Collector under Section 54 of the Code of Civil Procedure. The trial court failed to send the decree to …

SWAMI SHANKARANANDversusMAHANT SRI SADGURU SARNANAND ETC. & ORS

2008 INSC 735Dismissed

The case concerned an application under Section 92(1)(f) of the Code of Civil Procedure for sanction to sell a piece of land belonging to a religious public trust (Garhwaghat Math). The District Judge granted the sanction, after which Swami Shankaranand, a disciple and in‑charge of another Math, …

SUBHA B. NAIR & ORS.versusSTATE OF KERALA & ORS.

2008 INSC 736Dismissed

The appellants sought to compel a cooperative bank in Kerala to fill seven additional clerk/cashier vacancies, arguing that the Registrar's approval was not required and that the bank's financial health should not affect cadre strength. The High Court had directed the bank to fill the vacancies, but …

VIMAL CHADHAversusVIKAS CHOUDHARY AND ANOTHER

2008 INSC 737Appeal(s) allowed

The case involved the kidnapping, ransom demands and subsequent murder of Parkash Chadha. Respondent No.1, Vikas Choudhary, initially did not claim to be a juvenile but later applied for transfer to the Juvenile Justice Board, producing a school leaving certificate. The trial court relied on a …

DILBAGH SINGHversusSTATE OF PUNJAB

2008 INSC 738Dismissed

The appellant, Dilbagh Singh, was convicted for the murder of his brother's sibling, Jagmail Singh, who was shot dead on 9 May 1992 during a dispute over extremist activities. The prosecution proved that Dilbagh Singh, along with Jasbir Singh and an unknown accomplice, opened fire with …

M. SARAVANA PORSELVIversusA.R. CHANDRASHEKAR @ PARTHIBAN & ORS.

2008 INSC 739Dismissed

The wife and husband entered into a registered customary divorce agreement in 1996, with the wife receiving permanent alimony. The husband remarried in 1998, and ten years later the wife filed a complaint alleging cruelty under Section 498A IPC and bigamy under Section 494 IPC, leading to an FIR. …

DR. MONICA KUMAR & ANR.versusSTATE OF U. P. & ORS.

2008 INSC 740Disposed off

Dr. Monica Kumar and her brother filed petitions under s.482 CrPC to quash two criminal cases filed against them while they were MBBS students, alleging that the complaints were motivated by the vindictive actions of the college chairman, Dr. P. Mahalingam, after a loan dispute. The High Court …

KHODAY DISTILLERIES LIMITEDversusTHE SCOTCH WHISKY ASSOCIATION AND OTHERS

2008 INSC 741Appeal(s) allowed

Khoday Distilleries Ltd (now Khoday India Ltd) manufactured whisky under the mark 'Peter Scot' and obtained registration in 1968. The Scotch Whisky Association and two respondents learned of the registration in 1974 but only filed an application for rectification in 1986, alleging that the mark was …

SUDHIR S. MEHTA & ORS.versusCUSTODIAN & ANR.

2008 INSC 698Dismissed

The appellants, relatives of the late Harshad S. Mehta, challenged a Special Court order directing the Custodian to sell shares attached to them under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992. They argued that the sale procedure was flawed – the shares …

V.R. DALAL & ORS.versusYOUGENDRA NARANJI THAKKAR & ANR.

2008 INSC 697Appeal(s) allowed

The respondent, a partner of a dissolved firm, filed a criminal complaint alleging that the appellants, partners of another firm, conspired to deprive him of his share by cancelling the partnership deed without following proper dissolution procedures, invoking sections 405 and 420 of the Indian …

BHANWAR SINGH & ORS.versusSTATE OF M.P.

2008 INSC 694Case Partly allowed

The case involved an armed clash between two village groups in Kantharia, Madhya Pradesh, where Prem Singh was killed and several others injured. The trial court convicted eighteen accused under Sections 302, 149, 147, 148, 307, 323 and 324 IPC, but the High Court altered some findings, especially …

M/S ENTERTAINMENT NETWORK (INDIA) LTD.versusM/S SUPER CASSETTE INDUSTRIES LTD.

2008 INSC 708Appeal(s) allowed

The Supreme Court examined a dispute between Entertainment Network (India) Ltd. (Radio Mirchi) and Super Cassettes Industries Ltd. over the broadcast of copyrighted sound recordings. The appellant sought a compulsory licence under Section 31(1)(b) of the Copyright Act, 1957, after the Copyright …

ILLA ROY CHOWDHURYversusSHYAMALI DAS AND ORS.

2008 INSC 709Appeal(s) allowed

The case concerned a property acquired under the Land Acquisition Act, 1894. The First Respondent, Shyamali Das, sought to be impleaded as a party in a reference petition under Sections 30 and 31 of the Act, but the Supreme Court had earlier found that no such application had been filed. The …

COMMISSIONER OF CUSTOMS, (PREV.) GUJARATversusM/S RELIANCE PETROLEUM LTD.

2008 INSC 710Dismissed

The Commissioner of Customs appealed against Reliance Petroleum Ltd. for denying a concessional duty exemption on a second‑hand heavy‑duty crane imported in dismantled condition together with a self‑propelled modular transport (SPMT) system for use in erecting a crude petroleum refinery. The …

TATA MOTORS LTD.versusPHARMACEUTICAL PRODUCTS OF INDIA LTD. & ANR.

2008 INSC 692Appeal(s) allowed

Tata Motors Ltd., an unsecured creditor, challenged a scheme of arrangement approved by the Bombay High Court under Section 391 of the Companies Act, 1956, which sought to settle debts of Pharmaceutical Products of India Ltd. (the sick company) while the matter was pending before the Board for …

RANGANAYAKAMMA AND ANOTHERversusK.S. PRAKASH (D) BY L.RS. AND OTHERS

2008 INSC 711Dismissed

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family …

ORIENTAL INSURANCE CO. LTD.versusSUDHAKARAN K.V. & ORS.

2008 INSC 713Appeal(s) allowed

The case concerned a claim for compensation under Section 147 of the Motor Vehicles Act, 1988 for the death of a pillion rider who fell from a scooter. The Motor Accident Claims Tribunal and the Kerala High Court held that the insurer, Oriental Insurance Co. Ltd., was liable because the vehicle was …

FAQRUDDIN (DEAD) THROUGH L.RS.versusTAJUDDIN (DEAD) THROUGH L.RS.

2008 INSC 714Appeal(s) allowed

The case concerned a dispute over the succession to the offices of Sajjadanashin (spiritual head) and Mutawalli (manager of secular property) of a Dargah originally granted by the ruler of Jaipur. The plaintiff, Faqruddin (deceased), claimed that he became the rightful Sajjadanashin and Mutawalli …

SULOCHANAversusRAJINDER SINGH

2008 INSC 716Appeal(s) allowed

The appellant, a widow who purchased a shop in 1996, filed a composite eviction suit against the tenant for default in rent, denial of title, and her bona‑fide requirement to use the premises for her son’s business. The trial court and the first appellate court allowed the suit, but the High Court …

INDIAN BANKversusGODHARA NAGRIK COOPERATIVE CREDIT SOCIETY LTD. AND ANOTHER

2008 INSC 717Case Partly allowed

The cooperative societies had placed fixed deposits with Indian Bank and Bank of Baroda through commission agents, and the banks later refused to honour the deposits, claiming the amounts had been used to grant loans and that a fraud involving bank officers had occurred. The societies filed writ …

CHENNAI CUSTOMS APPRAISING OFFICERS ASSN.versusUNION OF INDIA & ORS.

2008 INSC 718Dismissed

The Chennai Customs Appraising Officers Association, representing promotee appraisers, challenged the seniority list prepared by the Union of India, arguing that promotees should enjoy seniority based on the continuous officiation doctrine articulated in Gaya Baksh Yadav. The Union contended that …

M/S. PONDS INDIA LTD. (MERGED WITH H.L. LTD.)versusCOMMISSIONER OF TRADE TAX, LUCKNOW

2008 INSC 719Appeal(s) allowed

The appellant, Mis. Ponds India Ltd., produced Vaseline white petroleum jelly under a licence granted by the Drugs and Cosmetics Act, 1940. For assessment years 1981‑1989 the Trade Tax Tribunal classified the product as a pharmaceutical preparation (a "drug") under Entry 5 of the Uttar Pradesh Trade …

N. PADMAMMA AND OTHERSversusS. RAMAKRISHNA REDDY AND OTHERS

2008 INSC 720Matter referred to larger bench

The case concerned a partition suit filed by members of a joint family over lands where the first respondent had been granted occupancy rights under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The respondents argued that the civil court lacked jurisdiction because the Act …

FOOD CORPORATION OF INDIA & ANR.versusPALA RAM & ORS.

2008 INSC 721Disposed off

The Food Corporation of India (FCI) had earlier been subject to a 1976 Central Government notification prohibiting the employment of contract labour for sweeping, cleaning, dusting and watching of its buildings. In 1992 the Central Government withdrew that prohibition, raising the question of …

MUNICIPAL CORPORATION, HYDERABADversusSUNDER SINGH

2008 INSC 723Appeal(s) allowed

The respondent Sunder Singh filed a suit against the Municipal Corporation of Hyderabad seeking a permanent injunction and an order to render accounts for a purported wrongful auction of his property. An interlocutory application to adduce secondary evidence was dismissed and the suit was …

DABUR INDIA LTD.versusK.R. INDUSTRIES

2008 INSC 725Dismissed

Dabur India Ltd., the maker of "Dabur Red Tooth Powder", sued K.R. Industries for copyright infringement of its packaging and for passing off. The Delhi High Court dismissed the suit on the ground that it lacked territorial jurisdiction over the passing‑off claim, relying on the Dhodha House …

KABUSHIKI KAISHA TOSHIBAversusTOSHIBA APPLIANCES CO. AND ORS .

2008 INSC 726Appeal(s) allowed

Kabushiki Kaisha Toshiba (the appellant) held a registration for the mark TOSHIBA covering washing machines and spin dryers. The Indian respondent, using the similar mark TOSIBA for electrical appliances, applied to the Registrar for rectification of the registration under sections 46 and 56 of the …

KUSUMAM HOTELS (P) LTD.versusKERALA STATE ELECTRICITY BOARD & ORS.

2008 INSC 729Disposed off

The Supreme Court examined whether the Kerala Government Order of 26 September 2000, which retrospectively withdrew electricity tariff concessions granted to classified hotels under a tourism‑industry policy, was valid. The hotels argued that the withdrawal violated their accrued rights, the …

UNITED INDIA INSURANCE COMPANY LTD.versusMANUBHAI DHARMASINHABHAI GAJERA & ORS.

2008 INSC 730Dismissed

The petitioners held mediclaim policies with United India Insurance Co. Ltd., a subsidiary of the General Insurance Corporation of India, and paid premiums annually. After several claims, the insurer refused to renew the policies, citing high claim ratios and pre‑existing diseases. The Gujarat High …

M.D., H.S.L.D.C. AND ORS.versusM/S. HARI OM ENTERPRISES AND ANR.

2008 INSC 731Disposed off

The Haryana State Industrial Development Corporation (HSIDC) allotted industrial plots to various applicants under letters of allotment containing detailed payment and construction schedules. Several allottees failed to comply with the terms, leading HSIDC to issue show‑cause notices and, in many …

TAMIL NADU ELECTRICITY BOARD & ANR.versusSTATUS SPINNING MILLS LTD. & ANR.

2008 INSC 733Appeal(s) allowed

The Tamil Nadu Electricity Board and the State of Tamil Nadu appealed against a Madras High Court order that upheld tariff concessions for high‑tension industries set up before 15‑02‑1997. The dispute centered on the meaning of "set up" in the 1995 and 1997 government notifications and whether the …

M/S. DHARAMPAL SATYAPAL LTD. AND ANOTHERversusSTATE OF BIHAR AND ORS.

2008 INSC 663Disposed off

The appellants, manufacturers of Zafrani Zarda, challenged the levy of market fee imposed by the State of Bihar under the Bihar Agricultural Produce Market Act, 1960. They argued that Zafrani Zarda, a manufactured form of tobacco, should not be subject to the fee or that the notifications …

SHYAMAL KANTI GUHA (D) THROUGH LRS & ORS.versusMEENA BOSE

2008 INSC 665Case Partly allowed

The case concerned the construction of a 1985 Will of Hillol Kanti Guha, who bequeathed his dwelling house in equal shares to his brother Shyamalkanti Guha and sister Meena Bose, with a clause that the brother could occupy the premises absolutely after the sister's death. The sister filed a suit for …

K. RAGHUNANDAN AND ORS.versusALI HUSSAIN SABIR AND ORS.

2008 INSC 666Dismissed

The appellants and respondents, who were neighbours, disputed the status of an 80‑yard passage. The original suit for perpetual injunction ended in a compromise decree that allegedly granted the appellants exclusive rights over the passage, which was shown as a public road in municipal plans. The …

ARJAN SINGHversusPUNIT AHLUWALIA & ORS.

2008 INSC 668Case Partly allowed

Arjan Singh filed a suit for specific performance of a contract concerning a Chandigarh property and obtained an interim injunction that was extended up to 16 October 1996. A second suit was filed by Sanjeev Sharma against the same owner, Dr. Bawa, and the parties entered into a compromise on 19 …

BHARAT SANCHAR NIGAM LTD. & ANR.versusBPL MOBILE CELLULAR LTD. & ORS.

2008 INSC 672Dismissed

The Supreme Court examined whether internal circulars issued by the Department of Telecommunications (DOT) could alter the terms of lease contracts between Bharat Sanchar Nigam Ltd. (BSNL) and BPL Mobile Cellular Ltd. concerning inter‑connection links. The parties had entered into licence agreements …

TDM INFRASTRUCTURE PRIVATE LIMITEDversusUE DEVELOPMENT INDIA PRIVATE LIMITED

2008 INSC 677Dismissed

The petitioners, TDM Infrastructure Pvt. Ltd., sought appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, contending that the arbitration agreement was an international commercial arbitration because the company's central management and control were …

SAPNAversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2008 INSC 673Case Partly allowed

Sapna, a 12‑year‑old girl, was severely injured in a motor‑vehicle accident and left with permanent disability of her left leg. A claim petition under the Motor Vehicles Act, 1988 was filed; the Motor Accident Claims Tribunal awarded Rs 82,569 with 8% interest, which the Uttarakhand High Court …

KESARWANI ZARDA BHANDARversusSTATE OF U.P. AND OTHERS

2008 INSC 674Appeal(s) allowed

The appellants challenged the levy of market fee on Zafrani Zarda, a chewing tobacco product, under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. The issue was whether Zafrani Zarda qualifies as a "specified agricultural produce" and, if so, whether it is a "processed" form of tobacco …

RABINDRA SINGHversusFINANCIAL COMMISSIONER, COOPERATION, PUNJAB AND OTHERS

2008 INSC 661Appeal(s) allowed

The appellant, Rabindra Singh, who had been residing in the United States for over 25 years, was decreed ex‑parte in a partition suit filed by his brother without ever being served notice, despite the plaintiff’s knowledge of his correct address. He filed an application under Order IX Rule 13 read …

FATMA BIBI AHMED PATELversusSTATE. OF GUJARAT & ANR.

2008 INSC 645Appeal(s) allowed

The appellant, a citizen of Mauritius, was served with a summons after a complaint by her daughter‑in‑law alleging physical and mental torture, allegedly committed in Kuwait. All parties were residents of Kuwait and were in India on visitor visas when the complaint was filed. The Chief Judicial …

NARAYANAMURTHYversusSTATE OF KARNATAKA AND ANR.

2008 INSC 646Appeal(s) allowed

The appellant Narayanamurthy was convicted by the Karnataka High Court under Sections 498A and 3048 of the IPC for the alleged dowry death of his wife Jagadeshwari. The prosecution alleged that the accused and his parents harassed the deceased for not providing dowry and that she committed suicide …

B. NAGABHUSHANAMversusSTATE OF KARNATAKA

2008 INSC 650Dismissed

The appellant, a bus driver, was prosecuted for causing the death of a seven‑year‑old child by allegedly driving rashly and negligently, offences punishable under Sections 279 and 304A of the Indian Penal Code. The trial court convicted him and sentenced him to one year’s simple imprisonment with a …

KASHMIR SINGHversusUNION OF INDIA & ORS.

2008 INSC 652Disposed off

The case concerned the tenure of members of the Sikh Judicial Commission under the Sikh Gurdwaras Act, 1925, and the validity of several notifications issued by the Punjab Government and the Central Government. The appellant, Kashmir Singh, challenged the removal of commission members and the …

NATIONAL INSURANCE CO. LTD.versusKAUSHALYA DEVI AND ORS.

2008 INSC 653Disposed off

The case arose from a motor accident in which a goods vehicle, insured by National Insurance Co. Ltd., struck and killed Kishan Lal, a vegetable dealer who was travelling in the truck to collect empty boxes. The claimant, Kaushalya Devi, sought compensation under Section 166 of the Motor Vehicles …

UNITED INDIA INSURANCE CO. LTD.versusAJAY SINHA AND ANOTHER

2008 INSC 654Appeal(s) allowed

The respondents, owners of insured goods, claimed insurance reimbursement after a burglary, which the insurer denied. The dispute was taken to the Permanent Lok Adalat (PLA) under the Legal Services Authorities Act, 1987, despite a pending criminal case for the alleged non‑compoundable offence of …

RAJESH KUMAR @ RAJUversusYUDHVIR SINGH & ANR.

2008 INSC 655Dismissed

The appellant, Rajesh Kumar, was injured in a motor vehicle accident in August 2001 and claimed a 60% total disability under Section 166 of the Motor Vehicles Act, 1988, relying on a civil surgeon's certificate dated November 2003. The Motor Accident Claims Tribunal and the Delhi High Court both …

GANGA DEVIversusDISTT. JUDGE, NAINITAL AND ORS.

2008 INSC 656Dismissed

The appellant, a 76‑year‑old widow, sought to retain a shop that had been occupied by her deceased husband for over 50 years, claiming she needed it for her livelihood. The respondent, a retired army officer drawing a modest pension, applied to the Chief Judicial Magistrate for release of the same …

RITESH AGARWAL AND ANR.versusSECURITIES AND EXCHANGE BOARD OF INDIA ACT AND ORS.

2008 INSC 657Case Partly allowed

The Supreme Court examined SEBI’s action against the promoters of Ritesh Polyster Ltd., whose 1995 public issue was found to be a fraudulent hoax. SEBI directed the promoters – including the father, his wife and two sons who were minors at the time – to disassociate from the capital market for ten …

STATE OF PUNJABversusPREM SAGAR & ORS.

2008 INSC 658Appeal(s) allowed

The respondents were convicted under Section 61(1) of the Punjab Excise Act, 1914 for illegally transporting 2,000 litres of rectified spirit and were sentenced by the trial court to one year imprisonment. The High Court, noting that the offence occurred 19 years earlier, reduced the sentence by …

STATE OF UTTARANCHAL AND ANR.versusMADAN MOHAN JOSHI AND ORS.

2008 INSC 659Disposed off

The case concerned the inter‑se seniority of lecturers of Kumaon University after their ad‑hoc appointments were regularised under the Uttar Pradesh Regularisation Rules, 1979. The first respondent, Madan Mohan Joshi, was placed lower in the seniority list than a junior colleague, Savita (Mohan) …

DCM FINANCIAL SERVICES LTD.versusJ.N. SAREEN & ANR.

2008 INSC 660Dismissed

DCM Financial Services Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by International Agro Allied Products Ltd. was dishonoured. The complaint named J.N. Sareen, a former director of the company, as an accused but did not allege that he was …

DHARAMPAL & ORS.versusU.P. STATE ROAD TRANSPORT CORPN.

2008 INSC 631Disposed off

The case arose from a fatal road accident on 1 September 2004 in which a bus collided with a motorcycle, killing five occupants. The claimants filed a petition before the Motor Accident Claim Tribunal, which awarded Rs.3,50,100 in compensation with interest at 6% per annum. The Uttarakhand High …

M/S. SEEMA SILK & SAREES & ANR.versusDIRECTORATE OF ENFORCEMENT & ORS.

2008 INSC 632Dismissed

M/s. Seema Silk & Sarees, a partnership firm, and its partner were penalised under Sections 18(2) and 18(3) of the Foreign Exchange Regulation Act, 1973 for failing to repatriate export proceeds within the prescribed period. They challenged the constitutional validity of these provisions, arguing …

DADU DAYALU MAHASABHA, JAIPUR (TRUST)versusMAHANT RAM NIWAS AND ANOTHER

2008 INSC 635Disposed off

The Dadu Dayalu Mahasabha, a registered public trust, and Mahant Ram Niwas were involved in a long series of suits concerning the entitlement and management of a religious Gaddi. The Supreme Court, in the first round of litigation, held that the respondent was not entitled to the Gaddi and granted …

STATE OF UTTARANCHAL THRU. SECRETARYversusSEHNAZ MIRZA & ORS.

2008 INSC 638Case Partly allowed

Employees of a college filed a writ petition in the Allahabad High Court seeking regularisation of their services, which was partially granted. The order was not complied with, leading the employees to file a contempt petition under Sections 12 and 14 of the Contempt of Courts Act, 1971. After the …

UNION OF INDIAversusM/S. RANBAXY LABORATORIES LTD. AND OTHERS

2008 INSC 640Dismissed

The Union of India challenged a Delhi High Court decision that had upheld Ranbaxy Laboratories' claim of exemption from the Drugs (Price Control) Order, 1995 for its bulk drug Pentazocine. The exemption was granted by a government notification dated 29 August 1995 and was said to expire on 31 …

NEW INDIAN ASSURANCE CO. LTD.versusROSHANBEN RAHEMANSHA FAKIR & ANR.

2008 INSC 641Appeal(s) allowed

The case concerned a claim for compensation under the Motor Vehicles Act, 1988 arising from an accident involving an auto‑rickshaw that was insured as a goods‑carrying public carrier. The insurer, New Indian Assurance Co., argued that it should not be liable because the driver, Salim Amadbhai, held …

STATE OF M.P. AND ANR.versusANSHUMAN SHUKLA

2008 INSC 643Matter referred to larger bench

The State of Madhya Pradesh filed a revision application before the High Court under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, but the application was 80 days late. The issue was whether Section 5 of the Limitation Act, 1963, which allows condonation of delay, applies …

P.S. GOPINATHANversusSTATE OF KERALA & ORS.

2008 INSC 627Appeal(s) allowed

P.S. Gopinathan, a Sub‑Judge promoted to District & Sessions Judge on 14 January 1992, was initially treated as a temporary appointee and later re‑appointed on 15 July 1992 after a fresh panel was prepared following the integration of the Civil and Criminal Judicial Services. He accepted both …

KRISHNANversusSTATE REPRESENTED BY INSPECTOR OF POLICE

2008 INSC 608Case Allowed

Krishnan (A-1) and Tamilarasi (A-2) were convicted under Section 302 read with Section 34 of the IPC for the murder of Rasitha Begum, the wife of PW‑1, based solely on circumstantial evidence. The trial court and the Madurai High Court upheld the conviction despite the absence of any direct evidence …

ANEETA HADAversusM/S. GODFATHER TRAVELS & TOURS PVT. LTD.

2008 INSC 610Matter referred to larger bench

The appellant, an authorized signatory of M/s. Intel Travels, issued a cheque on behalf of the company which was later dishonoured. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, but the company was not named as an accused. The High Court dismissed the …

NARESH KAVARCHAND KHATRIversusSTATE OF GUJARAT & ANR.

2008 INSC 611Appeal(s) allowed

The appellant filed an FIR at Vadodara Police Station on 23 December 2006 alleging cheating and related offences by the respondents for canceling a child's admission after receiving a large sum of money. The Vadodara police began investigation, but the appellant applied to the Gujarat High Court on …

STATE OF PUNJAB & ORS.versusBHAJAN KAUR & ORS.

2008 INSC 612Dismissed

The appeal concerned an accident that occurred in 1983 for which a claim under Section 92‑A of the Motor Vehicles Act, 1939 was awarded. The State of Punjab sought to increase the compensation by invoking Section 140 of the Motor Vehicles Act, 1988, which raised the no‑fault liability amount. The …

ANDHRA BANKversusANDHRA BANK OFFICERS & ANR.

2008 INSC 613Case Allowed

Andhra Bank, a "new bank" under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, had a scheme (Regulation 26) that treated travel between an officer's residence and office as official, allowing reimbursement. In 1990 the Central Government issued a circular stating such …

M/S. DEEPAK AGRO SOLUTION LTD.versusCOMMISSIONER OF CUSTOMS, MAHARASHTRA

2008 INSC 614Appeal(s) allowed

M/s Deepak Agro Solution Ltd. imported 200 MT of "Brimstone 90", a product containing about 90 % sulphur and 10 % bentonite, and classified it under Customs Tariff Heading 25.03 (unrefined sulphur). The Deputy Commissioner of Customs re‑classified the goods under Heading 38.08, which deals with …

H.V. NIRMALAversusKARNATAKA STATE FINANCIAL CORPORATION & ORS.

2008 INSC 615Dismissed

The appellant, a Group A officer of Karnataka State Financial Corporation, was dismissed after a disciplinary enquiry conducted by a legal advisor appointed as Enquiry Officer. She challenged the validity of the appointment and the Managing Director’s transfer of the proceedings to the Board of …

LALIT KUMAR SHARMA AND ANR.versusSTATE OF U.P. & ANR.

2008 INSC 589Case Allowed

Mis. Mediline India (P) Ltd obtained a loan of Rs.5,00,000 and issued two cheques which bounced for insufficient funds. A complaint under Section 138 of the Negotiable Instruments Act and Section 420 IPC was filed against two directors, Ashish Narula and Manish Arora, who were later convicted. While …

R & B FALCON (A) PVT. LTD.versusCOMMISSIONER OF INCOME TAX

2008 INSC 590Case Partly allowed

R & B Falcon (A) Pvt. Ltd., an Australian company supplying offshore drilling rigs and crew, provided free air and helicopter transport for its foreign‑resident employees from their home countries to the rig in India and back. The company sought an advance ruling which held that the transport …

THE TELEPHONE DISTRICT MANAGER & ORS.versusKESHAB DEB

2008 INSC 592Disposed off

Keshab Deb was appointed as a casual daily‑wage driver in the Directorate of Telecommunications, Dimapur, and was terminated allegedly for misconduct after a brief imprisonment. He filed a writ petition alleging violation of Section 25‑F of the Industrial Disputes Act, 1947 and seeking …

C.K. PRAHALADA & ORS.versusSTATE OF KARNATAKA & ORS.

2008 INSC 593Dismissed

The appellant sought the return of articles seized by a hospital after the death of his brother, but the hospital required a succession certificate. A succession certificate was issued in the appellant's favour, yet the hospital did not return the articles. The appellant filed a suit, which was …

NATIONAL INSURANCE CO. LTD.versusYELLAMMA & ANR.

2008 INSC 594Case Partly allowed

The insurer, National Insurance Co. Ltd., issued a cover note for a mini‑bus after receiving a third‑party cheque for the premium, but the cheque was never encashed and the cover note was cancelled. The bus met with an accident and the victim, Yellamma, claimed compensation under s.166 of the Motor …

SUDHIR KUMAR RANAversusSURINDER SINGH & ORS.

2008 INSC 595Case Allowed

The appellant, a 17‑year‑old minor, was riding a two‑wheeler without a licence when he collided with a mini‑truck driven rashily by the respondent. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 30,000 but reduced it to Rs …

JASWANT SINGH LAMBAversusHARYANA AGRICULTURAL UNIVERSITY & ORS.

2008 INSC 596Dismissed

The appellant, Jaswant Singh Lamba, challenged a High Court order dated 23.11.1992 that regularised the services of two respondents appointed ad hoc in 1982, thereby affecting his seniority. He filed a review petition, arguing that he was unaware of the order and that the petition should be …

SITARAM AGARWAL & ANR.versusSUBARATA CHANDRA & DAMKRISHNA DHARA & ORS.

2008 INSC 599Dismissed

The father of the respondents purchased land as the shebait of the deity Sri Sri Durgamata Thakurani and later sold it to the appellants. The appellants sought to enforce the sale, while the respondents claimed the land was a debutter (charitable endowment) and that the shebait could not validly …

BABULAL BADRIPRASAD VARMAversusSURAT MUNICIPAL CORPORATION & ORS.

2008 INSC 574Dismissed

The appellant, a tenant of a plot acquired for a road‑widening scheme, challenged the final allotment of re‑allotted plots on the ground that he had not been served a special notice as required by Sections 52 and 53 of the Gujarat Town Planning and Urban Development Act. The Court held that Rule 26 …

HARENDRA SARKARversusSTATE OF ASSAM

2008 INSC 575Matter referred to larger bench

In December 1992, during communal riots triggered by the demolition of the Babri Masjid, an armed mob entered the house of Taheruddin, killing his wife and two young daughters and injuring several family members. The trial court convicted eight accused under IPC sections 302, 134 and 448, but the …

INDIAN OIL CORPORATION LTD.versusMEENA KUMARI AND ORS.

2008 INSC 564Disposed off

Meena Kumari, a war widow residing in Jheenjhak village of Kanpur Dehat district, filed a writ petition seeking a mandamus directing Indian Oil Corporation Ltd. to grant her a licence for a retail petrol pump under the 30‑December‑1977 notification. The corporation had awarded the licence to another …

MAN SINGHversusSTATE OF HARYANA & ORS.

2008 INSC 567Appeal(s) allowed

The appellant, a Sub‑Inspector, was punished for dereliction of duty after a Head Constable under his charge was caught transporting liquor in a government vehicle. While the Head Constable was later exonerated in criminal court and his departmental punishment set aside, the appellant's punishment …

SUDHIR KUMAR BHALLAversusJAGDISH CHAND ETC. ETC.

2008 INSC 568Disposed off

Sudhir Kumar Bhalla, a partner of a trading firm, issued six cheques to Jagdish Chand and his wife Ramesh Rani for payment of goods. Five of the cheques were dishonoured, leading the respondents to file complaints under Section 138 of the Negotiable Instruments Act and various provisions of the IPC. …

ILA VIPIN PANDYAversusSMITA AMBALAL PATEL & ANR.

2008 INSC 570Dismissed

The appellant filed a testamentary petition for letters of administration of her late husband's estate, which was converted into a testamentary suit after respondent No.1 filed a caveat. Respondent No.2, the appellant’s counsel, filed a miscellaneous application alleging perjury by the appellant and …

BABU SINGH & ORS.versusRAM SAHAI @ RAM SINGH

2008 INSC 559Case Allowed

The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not …

MANDALI RANGANNA & ORS. ETC.versusT. RAMACHANDRA & ORS.

2008 INSC 560Dismissed

The appellants filed a suit seeking a declaration that certain Bangalore properties were joint family assets, along with a preliminary decree of partition and a permanent injunction restraining the defendants from constructing or alienating the land. The defendants contended that the properties had …

SUSHILA RAJE HOLKARversusANIL KAK (RETD.)

2008 INSC 561Dismissed

The dispute arose from a lease agreement where Sushila Raje Holkar leased 16,000 sq ft of a 4.8‑acre property to Anil Kak (Retd.) and claimed that the remaining 1,27,721.6 sq ft was also covered by the lease. The respondent filed suits for specific performance and injunction, while the petitioner …

PUNJAB NATIONAL BANK BY CHAIRMAN & ANR.versusASTAMIJA DASH

2008 INSC 563Disposed off

Astamija Dash, a Management Trainee at Punjab National Bank, was terminated after failing to pass the bank's confirmation test despite being given three attempts and citing pregnancy‑related health issues. She claimed discrimination because another trainee, Indubala, was allowed a fourth attempt. …

KESAR SINGH & ANR.versusSTATE OF HARYANA

2008 INSC 541Case Partly allowed

The appellants Kesar Singh and another were excavating a foundation on land they owned when the victim, the father of a witness, demanded a passage. After being urged to "teach him a lesson," Kesar Singh struck the victim on the head with the reverse side of a spade, causing a serious head injury …

VISWANATHAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 542Disposed off

The Supreme Court examined a gang‑rape case where the victim, a married woman with two children, was found unconscious and naked after being chased and assaulted by six men. The victim suffered no external injuries, and the FIR was lodged a day after the incident. The Court held that lack of injury …

S. RAMA KRISHNAversusS. RAMI REDDY (D) BY HIS LRS. & ORS.

2008 INSC 543Case Allowed

The appellant issued two cheques to the original complainant, who later died. A complaint under Section 138 read with Section 142 of the Negotiable Instruments Act was filed, and an application for substitution of the deceased complainant was made but remained pending. Because the legal heirs of the …

A. SATYANARAYANA REDDY AND ORS.versusTHE PRESIDING OFFICER, LABOUR COURT, GUNTUR & ORS.

2008 INSC 539Matter referred to larger bench

The appellants, former employees of a government‑owned sugar undertaking, opted for a Voluntary Retirement Scheme (VRS) and received the special compensation prescribed by a Government Order. They later claimed lay‑off compensation for a period preceding the VRS, filing applications under Section …

HARDEO RAIversusSAKUNTALA DEVI AND OTHERS

2008 INSC 538Dismissed

In 1978 the appellant entered into a sale agreement with the respondent's father, representing that the land was already partitioned among co‑sharers and each held separate possession. The buyer paid part of the price and was given possession, but the seller failed to execute a sale deed, leading …

JAGMOHAN SINGHversusSTATE OF PUNJAB & ORS.

2008 INSC 540Disposed off

Jagmohan Singh applied for a free‑hold residential plot under PUDA's scheme, deposited the required earnest money and was allotted a plot. The letter of intent required him to pay 15% of the price within 60 days, extendable by 30 days, failing which the earnest money would be forfeited. He sought …

USHA BRECO MAZDOOR SANGHversusMANAGEMENT OF M/S. USHA BRECO LTD. AND ANR.

2008 INSC 544Dismissed

The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the …

GOVT. OF A.P. AND ORS.versusK. BRAHMANANDAM AND ORS.

2008 INSC 546Case Partly allowed

Seven teachers were appointed in a private‑management school without complying with the Andhra Pradesh Educational Institutions Rules, 1993 – no prior permission, no advertisement, and no approval of appointments. Their services were not approved and they received no salary, prompting writ petitions …

M/S. ORMI TEXTILES & ANR.versusSTATE OF U.P. & ORS.

2008 INSC 547Case Partly allowed

M/S Ormi Textiles, a partnership, obtained loans from the State Financial Corporation (SFC) secured by a mortgage on 800 sq. yards of its 1100 sq. yards industrial land. After the industrial unit became sick and defaulted, the SFC issued a notice under Section 29 of the State Financial Corporations …

UDAYKUMAR PANDHARINATH JADHAV @ MUNNAversusSTATE OF MAHARASHTRA

2008 INSC 550Case Partly allowed

Udaykumar Pandharinath Jadav (Munna) was convicted under Section 302 IPC for the murder of Shivraj. Two eye‑witnesses testified, and one witness, in cross‑examination, stated that the deceased first attacked the accused with a knife, leading to a scuffle in which the accused disarmed and stabbed the …

KAMALA & ORS.versusK.T. ESHWARA SA & ORS.

2008 INSC 552Case Allowed

The appellants filed a partition suit seeking declaration of their share in joint family property, relying on a preliminary decree that had earlier fixed their share. The respondents moved an application under Order VII Rule 11(d) of the CPC seeking rejection of the plaint on the ground that the …

ORIENTAL INSURANCE CO. LTD.versusZAHARULNISHA & ORS.

2008 INSC 553Case Partly allowed

The Motor Accident Claims Tribunal awarded Rs. 3,01,500 as compensation to the family of Shukurullah, who died after being hit by a scooter driven by Ram Surat, who held only a Heavy Motor Vehicle licence and not a valid licence for a two‑wheeler. Oriental Insurance Co. Ltd., the insurer of the …

MACHINDRANATH KERNATH KASARversusD.S. MYLARAPPA & ORS.

2008 INSC 556Dismissed

A bus owned by the Karnataka State Road Transport Corporation collided with a truck, injuring several passengers and the bus driver. Both the passengers and the driver filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. The Tribunal held …

YOGESH @ SACHIN JAGDISH JOSHIversusSTATE OF MAHARASHTRA

2008 INSC 534Appeal(s) allowed

The appellant, a minor at the time, was alleged to have conspired with his family members, an employee and a friend to murder Kunal Parihar, the complainant's son, based largely on threatening phone calls and a motive of a disputed marriage. The prosecution charged the appellant and fifteen others …

ANIL KAKversusKUMARI SHARADA RAJE & ORS.

2008 INSC 516Dismissed

Maharani Sharmishthabai Holkar executed a detailed Will on 4 November 1992 that referred to three appendices containing the specific distribution of her assets. The appendices were not signed by the attesting witnesses and were not in existence at the time of execution. Applications for probate were …

NATIONAL TEXTILE CORPORATION (M.P.) LTD.versusM.R. JHADAV

2008 INSC 517Case Allowed

The National Textile Corporation (M.P.) Ltd. issued a Voluntary Retirement Scheme (VRS) effective 31 July 2000. M.R. Jadhav applied for the scheme on 16 May 2000 and obtained administrative clearance, but the corporation never communicated a final decision or acceptance, citing lack of funds. Jadhav …

A. SATYANARAYANA & ORS.versusS. PURUSHOTHAM & ORS.

2008 INSC 518Appeal(s) allowed

The case concerned the Andhra Pradesh Secretariat Service Rules which limited the number of Private Secretaries (PS) who could be promoted to Assistant Secretary and higher posts to ten at any given time, despite a statutory quota of 14:1 between Section Officers (SO) and PS. The PS challenged the …

M/S. SUPER POLY FABRIKS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PUNJAB

2008 INSC 519Case Partly allowed

M/S Super Poly Fabriks Ltd entered into a "Consignment Stockistship Agreement" with GAIL. The Commissioner of Central Excise issued a show‑cause notice demanding service tax, alleging that the company acted as a clearing and forwarding (C&F) agent under Section 65(25) of the Finance Act, 1994. The …

CORRESPONDENT, ST. MICHAEL'S T.T.IversusV.N. KARPAGA MARY & ORS.

2008 INSC 520Case Partly allowed

The respondent, a teacher appointed in 1977 with the requisite qualifications, was terminated in 1995 after a 1994 Government Order raised the qualification standards for teachers. The termination was challenged before the High Court, which quashed the order and awarded back wages, holding that the …

RAJASTHAN SRTC & ORSversusMOHAR SINGH

2008 INSC 522Dismissed

The Rajasthan State Roadways Transport Corporation, a statutory corporation created under the Road Corporation Act, 1951, dismissed driver Mohar Singh for alleged misconduct and the dismissal was upheld by its appellate authority. Singh filed a civil suit in the Additional Munsif Court challenging …

WILLIAMSversusLOURDUSAMY & ANR.

2008 INSC 524Appeal(s) allowed

The appellant, Williams, claimed title to a parcel of land based on a registered deed of sale from respondent No.2. Respondent No.1 sued for a permanent injunction, asserting ownership through an oral agreement of sale with respondent No.2, but respondent No.2 was not impleaded. The trial court …

OM PARKASH BATISHversusRANJIT @ RANBIR KAUR AND OTHERS

2008 INSC 525Case Allowed

The appellant, Om Parkash Batish, owned a residential building and had engaged a casual worker, Ram Lal, for a short period to carry out repair work. While on the roof of an adjoining textile mill, Ram Lal suffered an electric shock and died. The respondents filed a claim for compensation under the …

K.P. MOHAMMED SALIMversusCOMMISSIONER OF INCOME-TAX, COCHIN

2008 INSC 526Dismissed

The Income Tax Department conducted searches at the premises of K.P. Mohammed Salim and his associates and, to facilitate coordinated investigation, the Chief Commissioner transferred the cases to the Calicut Investigation Circle under Section 127(2) of the Income Tax Act. The Assessing Officer then …

T. NAGAPPAversusY.R. MURALIDHAR

2008 INSC 527Case Allowed

T. Nagappa was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque. He applied to the magistrate, invoking Section 243 of the Code of Criminal Procedure (mistakenly cited as Section 293), seeking to have the cheque examined by the Forensic Science Laboratory to …

SMT. HEENA KAUSARversusCOMPETENT AUTHORITY

2008 INSC 528Dismissed

The wife of a man detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act was served a show‑cause notice under Chapter V‑A of the NDPS Act for alleged illegal acquisition of properties. The Appellate Tribunal ordered confiscation of the flats; the Bombay …

THE MANAGING DIRECTOR, STATE BANK OF HYDERABAD AND ANR.versusP. KATA RAO

2008 INSC 529Dismissed

The Managing Director of State Bank of Hyderabad initiated departmental proceedings against P. Kata Rao, an employee, on twelve charges, some of which overlapped with criminal charges for which he was later acquitted. The enquiry officer found him guilty of most charges and the appointing authority …

AFAQ HUSAINversusUPSRTC & ANR.

2008 INSC 530Dismissed

Afaq Husain, a conductor appointed on an ad‑hoc, daily‑wager basis by the U.P. State Road Transport Corporation, was given a three‑month contract in 1976 and terminated thereafter with one month’s notice pay. He raised an industrial dispute in 1982; the Labour Court, assuming continuous service from …

EXCISE COMMISSIONER & ORS.versusAJITH KUMAR & ANR.

2008 INSC 507Dismissed

The respondents, Ajith Kumar and another, were licencees under the Kerala Abkari Act for the period 1‑April‑1993 to 31‑March‑1994, after which their licence was cancelled and the shop was placed under department management. The department collected Rs 31,49,288 as abkari dues, which the respondents …

P.D. LAKHANI AND ANR.versusSTATE OF PUNJAB AND ANR.

2008 INSC 508Case Allowed

The appellants, owners of Lakhani Rubber Udyog Ltd, lodged a complaint alleging trademark infringement by Saraswati Utpadan Pvt Ltd. The complaint was initially made to the Station House Officer (SHO), who directed the complainant to approach the Senior Superintendent of Police (SSP). The SSP …

ASHUTOSH CHATURVEDIversusPRANO DEVI @ PARANI DEVI & ORS.

2008 INSC 509Dismissed

The predecessor of the appellant filed a suit on 21 May 1990 for declaration of title, possession and setting aside a sale deed. During the pendency, two further sale deeds were executed, and an interim order of status quo was granted. Thirteen years later, on 11 June 2003, the appellant sought to …

MG. DIR., BANGALORE METROPOLITAN TPT. CORP.versusSAROJAMMA & ANR.

2008 INSC 510Case Partly allowed

The case involved a claim under Section 163‑A of the Motor Vehicles Act for the death of an 18‑year‑old tutor in a bus accident. The Motor Accident Claims Tribunal awarded compensation of Rs 3,84,000 using a multiplier of 16 and deducted one‑third of the deceased’s estimated monthly income of Rs …

ORIENTAL INSURANCE CO. LTD.versusRAJNI DEVI & ORS.

2008 INSC 511Case Partly allowed

The heirs of Janak Raj, who died in a motorcycle accident along with a pillion rider, filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicles Accident Claims Tribunal allowed the claim, treating the accident as arising from the use of the vehicle …

N. LOKNATHAMversusCHAIRMAN, TELECOM COMMISSION & ORS.

2008 INSC 513Dismissed

The appellant, a Junior Accounts Officer, failed the Part‑II departmental examination and claimed that 65 marks of Paper‑IX were based on questions outside the prescribed syllabus. He filed an original application before the Central Administrative Tribunal (CAT) seeking a direction to award the …

PUNJAB STATE ELECTRICITY BOARD & ORS.versusGURMAIL SINGH

2008 INSC 514Case Partly allowed

Gurmail Singh, a senior employee of the Punjab State Electricity Board (PSEB), was promoted to Upper Division Clerk (UDC) in 1986 and later opted for UDC as his induction post, thereby losing the revised Lower Division Clerk (LDC) pay scale that his junior colleagues received. He filed a writ …

NORTH EASTERN RAILWAY ADMINISTRATION, GORAKHPURversusBHAGWAN DAS (D) BY LRS.

2008 INSC 490Case Allowed

The respondent filed a suit for a perpetual injunction to protect his possession of land, which the trial court decreed in his favour, holding him to be the Bhumidhar. The appellant, North Eastern Railway Administration, appealed and claimed that the decree was obtained by fraud, asserting that the …

M/S. MAURI YEAST INDIA PVT. LTD.versusSTATE OF U.P. AND ANOTHER

2008 INSC 475Appeal(s) allowed

Mauri Yeast India Pvt. Ltd., a manufacturer of yeast, had long classified its product as a "chemical" under Entry 21 of the Uttar Pradesh Sales Tax Notification and paid tax accordingly. In 2005 the assessing officer re‑classified yeast as an "unclassified item" and imposed a higher tax, a decision …

COMMISSIONER OF CUSTOMS, MUMBAIversusM/S. J.D. ORGOCHEM LIMITED

2008 INSC 477Dismissed

The Commissioner of Customs appealed against the judgment of the Customs, Excise & Service Tax Appellate Tribunal which had accepted M/s JD Orgochem Ltd.'s declared transaction value of US$13.2 per kg for imported dinitro crysazine, despite an earlier import at US$18.7 per kg. The assessing …

M/S. GODAVARI FINANCE CO.versusDEGALA SATYANARAYANAMMA & ORS.

2008 INSC 479Case Allowed

The vehicle involved in a fatal accident was financed by M/s. Godavari Finance Co. under a hire‑purchase agreement, while the fourth respondent, Ch. Praveen Kumar, was the registered owner and in possession of the vehicle. The claimants filed a compensation claim against the driver, the owner, the …

PONNUSAMYversusSTATE OF TAMIL NADU

2008 INSC 482Dismissed

The appellant, Ponnusamy, was married to Selvi and after a dispute over land she disappeared. He made extra‑judicial confessions to several villagers, admitting that he had murdered her and thrown her body into a canal. Following his confession, the police recovered the decomposed body, which was …

REENA SADHversusANJANA ENTERPRISES

2008 INSC 455Case Allowed

The appellant, a third defendant, challenged an ex parte decree in a recovery suit that had been transferred from the Delhi High Court to an Additional District Judge due to enhanced pecuniary jurisdiction. The transfer was ordered under Rule 6 Chapter 13 of the Delhi High Court Rules, which …

UNITED INDIA INSURANCE CO. LTD.versusSURESH K.K. & ANR.

2008 INSC 456Case Allowed

The claimant, a coolie, hired a three‑wheeler auto‑rickshaw (a goods carriage) and was seated beside the driver when the vehicle overturned, causing serious injuries. He claimed compensation under Section 166 of the Motor Vehicles Act, asserting that he was covered by the compulsory insurance under …

MAVJI C LAKUMversusCENTRAL BANK OF INDIA

2008 INSC 442Appeal(s) allowed

Mavji C. Lakum, a long‑serving peon of Central Bank of India, was repeatedly disciplined and eventually discharged for alleged misconduct. The Industrial Tribunal, exercising its power under Section 11‑A of the Industrial Disputes Act, held that the departmental inquiry was fair but the punishment …

GURCHARAN SINGHversusDIRECTORATE OF REVENUE INTELLIGENCE

2008 INSC 434Dismissed

Gurcharan Singh, a customs officer, along with others, created fictitious firms to claim a duty drawback of Rs 1.04 crore for allegedly exported readymade garments that were over‑invoiced and of inferior quality. A complaint under Sections 132 and 135 of the Customs Act led to cognizance by a …

STATE OF KARNATAKA AND ANR.versusSRI R. VIVEKANANDA SWAMY

2008 INSC 436Disposed off

The Supreme Court heard two appeals concerning claims for reimbursement of medical expenses incurred by government employees in non‑government hospitals. In Karnataka, an officer who underwent coronary bypass surgery claimed Rs 1,50,600 but was reimbursed only Rs 39,207; the High Court had allowed …

KRISHNA KUMAR BIRLAversusRAJENDRA SINGH LODHA AND OTHERS

2008 INSC 424Disposed off

The case concerned the grant of probate of a 1999 will of Smt. Priyamvada Devi Birla (PDB) and earlier 1982 mutual wills executed by her and her husband. Several members of the Birla family filed caveats claiming a "caveatable interest" in the estate, while Rajendra Singh Lodha (RSL) sought probate …

NAHAR SINGHversusFOOD CORPORATION OF INDIA & ORS.

2008 INSC 425Dismissed

Nahar Singh, an Assistant Grade‑III clerk in a Food Corporation of India godown, was found responsible for a shortage of 295 bags of wheat and 195 gunny bags discovered during a physical verification in January 1980. A departmental inquiry concluded that Singh, along with the in‑charge, was …

NATIONAL INSURANCE COMPANY LTD.versusGEETA BHAT & ORS.

2008 INSC 426Dismissed

On 14 November 2000, Ishwar Dutt Bhat died in a road accident caused by a truck insured by National Insurance Co. Ltd. The driver, Gopal Singh, was later found to be holding a fake driving licence. The claimants, Bhat's legal heirs, filed a claim under Section 166 of the Motor Vehicles Act, 1988, …

SHIVAPPA & ORS.versusSTATE OF KARNATAKA

2008 INSC 427Dismissed

The appellants were charged with murder under Sections 302, 148 and 149 of the IPC for allegedly assaulting Shrishail Shivappa Jagadale, resulting in his death with twenty injuries. The trial court acquitted them, relying on discrepancies between medical evidence on time of death and eyewitness …

UCO BANK AND ANR.versusRAJINDER LAL CAPOOR

2008 INSC 429Dismissed

The respondent, a UCO Bank officer, was asked to show cause for disciplinary action just before his superannuation and a disciplinary proceeding was said to be initiated, but a charge sheet was only issued two years later. The bank dismissed him and the respondent challenged the dismissal. The …

MAHALAKSHMI SUGAR MILLS CO. LTD. & ANR.versusUNION OF INDIA & ORS.

2008 INSC 430Disposed off

The appellants, Mahalakshmi Sugar Mills and Govind Nagar Sugar Ltd., challenged the Central Government's fixation of levy‑sugar prices for the 1983‑84 and 1984‑85 sugar years, arguing that the government ignored the additional price payable to cane growers under clause 5A of the Sugarcane (Control) …

SARVSHEEL MAGOversusSTATE OF HARYANA & ORS.

2008 INSC 396Disposed off

Sarvsheel Mago alleged that a police officer (respondent No.4) in collusion with private individuals (respondents No.5 and 6) repeatedly searched his vehicle and falsely implicated him for possession of contraband drugs, despite no incriminating material being found. He filed a petition under …

PRAVINversusSTATE OF MADHYA PRADESH

2008 INSC 397Dismissed

The appellant Pravin was convicted under IPC sections 395, 397 and 450 for a daylight bank dacoity, and under the Arms Act for possession of an unlicensed firearm. He challenged the conviction on the ground that the identification parade was a farce, photographs of the accused had been shown to …

RAJENDRAversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 400Appeal(s) allowed

The appellant, an OBC candidate, was appointed as Junior Clerk in a government‑aided school after the Management obtained approval from the Education Officer. Seventeen months later the approval was withdrawn without hearing, on the ground that the appointment violated a Government Resolution dated …

LAXMI DEVI & OTHERSversusMOHAMMAD TABBAR & ANOTHER

2008 INSC 401Case Allowed

Rajendra Singh, aged 35, died in a motor accident. His wife and four minor daughters claimed compensation before the Motor Accidents Claims Tribunal, which used the notional income of Rs 15,000 per annum (as per the Second Schedule of Section 163‑A, Motor Vehicles Act) and a multiplier of 16, …

VIMALBEN AJITBHAI PATELversusVATSLABEEN ASHOKBHAI PATEL AND ORS.

2008 INSC 368Appeal(s) allowed

The Supreme Court examined a dispute arising from a criminal complaint filed by Sonalben against her husband and in‑laws for alleged offences under the IPC. The appellants were granted bail, left India without permission, and faced cancellation of bail, attachment of the mother‑in‑law's property …

PAUL GEORGEversusSTATE OF N.C.T. OF DELHI

2008 INSC 373Disposed off

The appellant, a Head Constable, was tasked with delivering an urgent wireless message to the Police Headquarters and was driving an official police mini‑truck. While en route he crossed a road divider, collided with an on‑coming scooter, resulting in one death and injuries to another. He was …

GURDIAL KAUR (D) THROUGH LRS.versusPIARA SINGH (D) THROUGH LRS.

2008 INSC 375Case Partly allowed

The plaintiff entered into a 1964 agreement of sale with the vendor, paid half the price and sought specific performance after the vendor failed to appear for registration and later died. Subsequent consolidation altered the revenue survey (Khasra/Khewat) numbers of the land, leading the trial court …

M.S.D.C RADHARAMANANversusM.S.D. CHANDRASEKARA RAJA AND ANOTHER

2008 INSC 377Dismissed

The appellant, a director of a private limited company, challenged an order of the Company Law Board (CLB) that, despite finding no oppression, directed him to purchase the managing director's shares to resolve a deadlock between the two directors/shareholders. The Supreme Court examined whether …

LIC OF INDIAversusR. SURESH

2008 INSC 378Dismissed

R. Suresh, a Development Officer of the Life Insurance Corporation of India (LIC), was dismissed after a departmental enquiry found him guilty of negligence, though he was cleared of breach of trust and forgery. He raised an industrial dispute before an Industrial Tribunal under s.11A of the …

KANCHERLA LAKSHMINARAYANAversusMATTAPARTHI SYAMALA AND ORS.

2008 INSC 380Case Allowed

The appellant entered into an agreement of sale for 14 acres with the second respondent but the sale deed was never executed, prompting the appellant to file a suit for specific performance (OS No.31 of 2000). The first respondent, the wife of the second respondent, obtained a maintenance decree …

MUMTAZ YUNUS MULANIversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 381Dismissed

The appellant, a widow of a peon who died in service of a charitable aided institution in 1996, applied for a compassionate appointment but was denied. She received family pension and retrial benefits, while the vacancy was filled by another employee in 1997. The High Court dismissed her writ …

COMMISSIONER OF CENTRAL EXCISE, VAPIversusM/S. KRAFTECH PRODUCTS INC.

2008 INSC 382Disposed off

The appellant, Commissioner of Central Excise, challenged the assessee M/s Kraftech Products Inc.'s claim of exemption from excise duty on hair‑dye packed in three 3‑gram sachets per packet (total 9 g). The assessee argued that, under Rule 34(b) of the Standards of Weights and Measures (Packaged …

CHANDRAKANT SHANKARRAO MACHALEversusPARUBAI BHAIRU MOHITE

2008 INSC 349Dismissed

The appellant obtained possession of a house under a registered deed of mortgage dated 28‑02‑1983 for a term of seven years. After the term expired, the mortgagor (respondent) served notice for redemption and filed a suit. The appellant contended that a later unregistered agreement had converted his …

BOLLEPANDA P. POONACHA AND ANR.versusK.M. MADAPA

2008 INSC 350Case Allowed

The appellants filed a suit for title and possession of land in 1997. The respondent filed a written statement and, in 2006, sought to amend it to include a counter‑claim alleging a right to the same land, claiming the cause of action arose in 1998 after the written statement was filed. The trial …

KARNATAKA STATE FINANCIAL CORPORATIONversusN. NARASIMAHAIAH AND ORS.

2008 INSC 353Dismissed

The Karnataka State Financial Corporation (KSFC) had granted a loan to an industrial concern and obtained personal guarantees and hypothecated properties from its directors. When the industrial concern defaulted, KSFC invoked Section 29 of the State Financial Corporations Act, 1951 to take …

DINESH BORTHAKURversusSTATE OF ASSAM

2008 INSC 355Case Allowed

The appellant, Dinesh Borthakur, was convicted by the trial court and the High Court for the murder of his wife Mala Borthakur and adopted daughter Munni under Section 302 IPC, based largely on circumstantial evidence such as a sniffer dog’s proximity to him, the presence of a pesticide bottle, and …

P.K. CHOUDHURYversusCOMMANDER, 48 BRTF (GREF)

2008 INSC 361Case Allowed

The appellant, a Commandant of the 48 BRTF (GREF), was alleged to have committed offences under IPC sections 166 and 167 between 5 January 1989 and 11 February 1992. A complaint petition was filed only in November 2000, based on a 1996 report, and the Judicial Magistrate took cognizance on 7 …

HEM CHANDversusSTATE OF JHARKHAND

2008 INSC 362Dismissed

Hem Chand, Executive Director (Vigilance) of a government company, was charged under the Prevention of Corruption Act, 1988 for possessing assets beyond his known income. He filed an application for discharge, relying on an Income Tax assessment order and his asset declaration, and submitted these …

VISHWANATH DADOBA KARALEversusPRISA SHANTAPPA UPADHYE (D) TH. LRS

2008 INSC 363Dismissed

The respondent, who owned a plot of land in Kolhapur, executed a deed titled "Conditional Sale Deed" with the appellant on 7 October 1969, agreeing to transfer possession for Rs.500 for a period of five years, with a clause that repayment of the amount would require the appellant to reconvey the …

NISHAN SINGHversusSTATE OF PUNJAB

2008 INSC 321Dismissed

The case involved three successive murders and related injuries in Punjab, for which the accused Nishan Singh, Pargat Singh‑I and others were convicted under Section 302 IPC, with some also charged under Section 34 IPC for common intention. The appellants challenged the convictions on procedural …

GAUTAM SARUPversusLEELA JETLY AND ORS.

2008 INSC 322Case Allowed

Gautam Sarup filed a suit to declare his title to property bequeathed to him by a will and to obtain a permanent injunction. Respondent No.6, Leela Jetly, initially filed a written statement admitting the plaintiff's claims, but later denied having signed that statement and sought to withdraw it by …

PERIYAR & PAREEKANNI RUBBERS LTD.versusSTATE OF KERALA

2008 INSC 323Dismissed

Periyar & Pareekanni Rubbers Ltd., a distillery registered under the Kerala General Sales Tax Act, leased its factory to Eagle Distillery Ltd. The lessee continued to use the lessor's sales‑tax registration number and statutory Forms C and D, but failed to remit the tax collected. The assessing …

PRAMOD KUMARversusU.P. SECONDARY EDUCATION SERVICES COMMISSION & ORS.

2008 INSC 324Dismissed

Pramod Kumar was appointed as an ad‑hoc Assistant Teacher in 1988 on the basis of a B.Ed. degree from Maithili Vishwa Vidyapeeth, an institution not recognised under the University Grants Commission Act. When the management discovered the degree was unrecognised, he was directed to obtain a B.Ed. …

GOWRISHANKARA SWAMIGALUversusSTATE OF KARNATAKA & ANR.

2008 INSC 305Appeal(s) allowed

The appellant, a junior Swamiji of a religious mutt that ran a school, was accused of repeatedly committing an unnatural sexual offence against a 13‑year‑old student over seven days in July 1986. The FIR was lodged more than a month later and the prosecution’s case lacked medical corroboration and …

R. RAJESHWARIversusH.N. JAGADISH .

2008 INSC 306Dismissed

R. Rajeshwari filed a complaint under Section 138 of the Negotiable Instruments Act alleging a dishonoured cheque of Rs 1 lakh. The trial court convicted H.N. Jagadish, sentenced him to one month imprisonment and ordered compensation of Rs 2 lakh, of which Rs 1.75 lakh was to be paid to the …

ANIMIREDDY VENKATA RAMANA & ORS.versusPUBLIC PROSECUTOR, H.C. OF A.P.

2008 INSC 307Dismissed

The case involves a murder on a bus where the deceased was killed and his son injured. The trial court acquitted all accused, disbelieving the injured witness and other eye‑witnesses, while the High Court convicted nine of the accused and acquitted the rest. On appeal, the Supreme Court examined …

BHARAT COKING COAL LTD.versusM/S. ANNAPURNA CONSTRUCTION

2008 INSC 310Disposed off

Bharat Coking Coal Ltd entered into a contract with M/s. Annapurna Construction which later gave rise to a dispute. An arbitrator was appointed under the Arbitration Act, 1940 and awarded a sum to the respondent; the award was set aside by the Supreme Court because the arbitrator failed to consider …

BIHAR FINANCE SERVICE H.C. COOP. SOCIETY LTD.versusGAUTAM GOSWAMI & ORS

2008 INSC 311Disposed off

The Bihar Finance Service H.C. Cooperative Society Ltd. sought land acquisition for housing its members, leading to a declaration and award under the Land Acquisition Act, 1894. The High Court quashed the declaration and remitted the matter for further inquiry, but the Supreme Court later directed …

G.M. HARYANA ROADWAYSversusJAI BHAGWAN AND ANR.

2008 INSC 312Dismissed

The State, G.M. Haryana Roadways, terminated a casual driver, Jai Bhagwan, whose reinstatement was ordered by the Labour Court. The State reinstated him on 10 May 2002 and later regularized his service on 21 June 2004, but failed to disclose these material facts in a writ petition before the High …

M/S. BHARJATIYA STEEL INDUSTRIESversusCOMMISSIONER, SALES TAX, U.P.

2008 INSC 313Dismissed

Mis. Bharjatiya Steel Industries, a manufacturer of steel ingots, purchased iron scrap at a concessional tax rate under a recognition certificate granted by the Uttar Pradesh Trade Tax Act. In the assessment year 1985-86 it bought 2,532.989 MT of scrap and later sold about 10% of it to other …

CHAIRMAN & MD V.S.P. & ORS.versusGOPARAJU SRI PRABHAKARA HARI BABU

2008 INSC 314Case Allowed

The respondent, a technician, repeatedly absented himself from duty without sanctioned leave despite warnings and prior disciplinary actions, including a reduction in basic pay. He admitted the charges of misconduct in each proceeding, yet continued to be absent, leading the disciplinary authority …

TANUSREE BASU & ORS.versusISHANI PRASAD BASU & ORS.

2008 INSC 315Dismissed

The appellants and respondents were co‑owners of undivided property and had entered into a development agreement that allotted three separate flats (Nos. 201, 202 and 301) to each party by mutual adjustment. The appellants filed a suit for partition and sought an interim injunction to restrain the …

SITA RAM & ORSversusMOTI LAL NEHRU FARMERS TRAINING INSTITUTE

2008 INSC 316Case Partly allowed

The Motilal Nehru Farmers Training Institute employed daily wagers for various project works such as bee‑farming. Their services were terminated on 28‑December‑1996 and they claimed they had worked for more than 240 days, invoking Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947. The …

MUKESH KUMAR BADONIversusSTATE OF PUNJAB AND ORS.

2008 INSC 290Dismissed

The appellant was appointed as a chowkidar in a college on a one‑year probationary basis, subject to approval by the Director of Public Instructions, Punjab. The Director refused approval because the appellant did not have Punjabi as a subject in Class VIII, a mandatory qualification, and the …

SURESHversusYEOTMAL DIST. CENTRAL CO-OP. BANK LTD. & ANR.

2008 INSC 291Dismissed

Suresh, a clerk appointed in 1974, challenged the seniority list and the promotion of a Development Officer (Respondent No.2) to the post of Senior Manager in Yeotmal District Central Co‑op Bank. The dispute was first heard before the Cooperative Court, which held the promotion illegal, but the …

JYOTI PRAKASH RAI @ JYOTI PRAKASHversusSTATE OF BIHAR

2008 INSC 294Dismissed

The appellant Jyoti Prakash Rai was convicted of murder under Section 302 IPC for killing a schoolmate on 12 May 2000. At the time of the offence the trial magistrate estimated his age to be about 17 years, but the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force on 1 …