MEHARCHAND DASversusLAL BABU SIDDIQUE AND ORS.
2007 INSC 5917 January 2007Appeal(s) allowed
The appellant, a tenant, held a parcha granted by the Collector under the Bihar Privileged Persons Homestead Tenancy Act, 1947. The respondents, claiming landlord status, filed a suit to set aside the parcha on grounds of fraud and lack of jurisdiction. The trial court decreed in favour of the respondents; the appellan…
BHAG MAL (ALIAS) RAM BUX AND ORS.versusMUNSHI (D) BY LRS. AND ORS.
2007 INSC 6017 January 2007Appeal(s) allowed
The appellants, sons of Sher Singh, inherited land sold by their father to Bansi. They challenged the sale in a suit that was dismissed, but on appeal a declaratory decree was obtained in their favour. While the decree was pending, both Sher Singh and Bansi died, and the appeal was abated on 14‑Oct‑1977 because Bansi's…
OM PARKASHversusSTATE OF HARYANA
2006 INSC 2717 January 2006Appeal(s) allowed
The appellant Om Parkash and co‑accused were convicted under Section 12 of the Prevention of Corruption Act, 1988 for allegedly offering a bribe of Rs 10,000 to Inspector Ganeshi Lal to influence a murder investigation. The prosecution’s case was marred by a four‑hour delay in lodging the FIR, contradictory statements …
V.Y. JOSE & ANR.versusSTATE OF GUJARAT & ANR.
2008 INSC 143816 December 2008Appeal(s) allowed
The appellants, a partner and an employee of a manufacturing firm, were charged under Sections 417 and 420 IPC for allegedly cheating a client who had paid an advance for a custom‑made machine that allegedly did not meet specifications. The client filed a criminal complaint, and the trial court took cognizance. The app…
B. JAGDISH & ANR.versusSTATE OF AP. & ANR.
2008 INSC 143916 December 2008Dismissed
The appellant, a doctor who advertised himself as a child specialist, treated a seven‑year‑old girl for tuberculosis. The child’s condition worsened and was later diagnosed as advanced leukemia; she died. The consumer commission held the doctor negligent and awarded damages. A criminal complaint under Section 200 CrPC …
DEEPA BHARGAVA & ANR.versusMAHESH BHARGAVA & ORS.
2008 INSC 144316 December 2008Appeal(s) allowed
The parties, siblings, entered into a compromise concerning ancestral property, which the court incorporated into a decree ordering the respondents to pay Rs.10 lakh each and, on default, interest at 18% per annum. The respondents failed to pay, and the appellants sought execution. The executing court, and later the Hi…
KOTHARI FILAMENTS & ANR.versusCOMMISSIONER OF CUSTOMS (PORT) KOLKATA & ORS.
2008 INSC 144416 December 2008Appeal(s) allowed
The appellants, Kothari Filaments, imported lithopone but some bags contained tetracycline HCl, a restricted chemical. Customs issued a show‑cause notice under Sections 111(d), 111(m) and 112(a), (b) of the Customs Act, 1962 alleging mis‑declaration, duty evasion and imposed confiscation and penalties. The appellants c…
LAJPAT RAI MEHTAversusSECRETARY TO GOVERNMENT OF PUNJAB, DEPARTMENT OF IRRIGATION & POWER
2008 INSC 144516 December 2008Dismissed
Lajpat Rai Mehta, a draftsman in the Punjab Irrigation & Power Department, was on unauthorized leave from 30 April 1981 until his superannuation on 30 September 1994. He sued for a declaration that he was entitled to pension and other retiral benefits. The trial court dismissed the suit, but the first appellate court r…
M.P. STATE ELECTRICITY BOARD & ANR.versusS. K. YADAV
2008 INSC 144616 December 2008Case Partly allowed
The respondent, S.K. Yadav, a Homeopathic Assistant, was transferred after the closure of his dispensary and protested, subsequently remaining absent from duty from 10 September 1991 to 1 December 1993. A disciplinary proceeding found him guilty of two charges and imposed a penalty of reduction of pay to the minimum an…
SAU KUSUMversusSTATE OF MAHARASHTRA & ORS.
2008 INSC 144716 December 2008Appeal(s) allowed
Smt. Sau Kusum, claiming to belong to the carpenter caste (known as Badhai in Madhya Pradesh and Sutar in Maharashtra), contested a panchayat election in Maharashtra for a seat reserved for OBCs. Her election was challenged on the ground that she was not an OBC and not a permanent resident of Maharashtra prior to 1967.…
WADA ARUN ASBESTOS (P) LTD.versusGUJARAT WATER SUPPLY & SEWERAGE BOARD
2008 INSC 144816 December 2008Dismissed
Wada Arun Asbestos (P) Ltd. supplied AC pressure pipes to Gujarat Water Supply & Sewerage Board, which failed to pay the amount due. The plaintiff filed a summary suit under Order 37 of the CPC; the defendant was granted conditional leave to defend on the condition of depositing 50% security, which it failed to do, lea…
M/S. SHAKTI TUBES LTD. TR. DIRECTORversusSTATE OF BIHAR & ORS.
2008 INSC 144916 December 2008Appeal(s) allowed
Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it filed a money suit i…
SOMESH TIWARIversusUNION OF INDIA AND ORS.
2008 INSC 145016 December 2008Case Partly allowed
The case concerned an Indian Revenue Service officer who was transferred from Bhopal to Shillong and later to Ahmedabad on the basis of an anonymous complaint alleging caste bias, which was later found to be untrue. The officer’s representations against the transfer were ignored, and he failed to report to the new post…
MAHESH YADAV & ANR.versusRAJESHWAR SINGH & ORS.
2008 INSC 145116 December 2008Appeal(s) allowed
In a suit for declaration of title and possession of land, six defendants were impleaded. Defendants 2 and 5 entered into a compromise with the plaintiff, while an ex‑parte decree was passed against defendants 1 and 6. The latter filed an application under Order IX Rule 13 of the Code of Civil Procedure to set aside th…
PARENTS ASSOCIATION OF STUDENTSversusM.A. KHAN AND ANOTHER
2008 INSC 145216 December 2008Disposed off
The Parents Association of Students filed a writ petition seeking regulation of professional education fees in Uttar Pradesh. After the High Court’s Single Judge gave directions, the State issued a government order allowing a medical college (run by respondent No.1, M.A. Khan) to collect fees, which the association all…
MANTOO SARKARversusORIENTAL INSURANCE CO. LTD. AND OTHERS
2008 INSC 145316 December 2008Appeal(s) allowed
Mantoo Sarkar, a migrant agricultural labourer originally from Pilibhit, was residing and working in Nainital when he was injured in a bus‑truck collision that occurred in Bareilly, Uttar Pradesh. The truck was insured by Oriental Insurance Company, which maintained a branch at Nainital. Sarkar filed a claim petition b…
G. GNANAM @ GNANAMOORTHYversusMETROPOLITAN TRANSPORT CORPORATION
2008 INSC 145416 December 2008Appeal(s) allowed
The appellant, G. GnanaM, was a passenger in a Metropolitan Transport Corporation bus that collided with a lamp post on 14 June 1995, resulting in a fractured right upper arm and a medically assessed permanent disability of 65%. He claimed Rs 6,00,000 as compensation; the Motor Accident Claims Tribunal awarded Rs 1,50,…
COMMITTEE OF MANAGEMENT & ANR.versusVICE CHANCELLOR & ORS.
2008 INSC 145516 December 2008Appeal(s) allowed
The Committee of Management of Mumtaz Post Graduate College (appellants) challenged the Vice‑Chancellor’s refusal to approve the removal of its principal, Dr. M.N. Khan, arguing that the removal order violated Section 35(2) of the U.P. State Universities Act, 1973 and that the provision was ultra‑vires Article 30(1) of…
A. MAIMOONAversusSTATE OF TAMIL NADU AND ORS.
2005 INSC 62516 December 2005Dismissed
The Supreme Court examined the detention of Abdul Kader and another detainee under Section 3(2) of the National Security Act, 1980. The appellants argued that the State Government and the Ministry of Home Affairs had not considered representations made on behalf of the detainees and that there was inadequate material t…
N.K. RAJGARHIAversusM/S. MAHAVIR PLANTATION LTD. AND ORS.
2005 INSC 62616 December 2005Dismissed
N.K. Rajgarhia sued Mahavir Plantation Ltd. for recovery of Rs. 75 lakh. The parties compromised, and a consent decree for Rs. 41,69,110 was passed, with a clause that dishonour of any cheque would make the whole balance payable and executable. The respondent defaulted, leading to execution proceedings and a further se…
STATE OF PUNJAB AND ORS.versusSATNAM KAUR AND ORS.
2005 INSC 62716 December 2005Appeal(s) allowed
The State of Punjab advertised 31 posts and selected candidates through a process that was later challenged in a writ petition by some unsuccessful applicants, with only 18 of the selected candidates made parties. The Punjab & Haryana High Court quashed the entire selection process, a decision upheld by the Supreme Cou…
M/S. SHREE HARI CHEMICALS EXPORT LTD.versusUNION OF INDIA AND ANR.
2005 INSC 62816 December 2005Appeal(s) allowed
Shree Hari Chemicals Export Ltd., a manufacturer of hydrochloric acid, claimed credit of excise duty on naphthalene under Rule 57A of the Central Excise Rules, 1944, despite a 1986 notification that excluded Chapter 27 inputs from such credit. After a show‑cause notice, the company sought to return the credit taken und…
STATE OF U.P.versusNEERAJ AWASTHI AND ORS.
2005 INSC 62916 December 2005Appeal(s) allowed
The Uttar Pradesh State Agricultural Produce Market Board appointed 1,021 employees between April 1996 and October 1997 without complying with the statutory provisions of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and its service regulations. The State later cancelled those appointments on a last‑come‑first…
HOMBE GOWDA EDN TRUST AND ANR.versusSTATE OF KARNATAKA AND ORS.
2005 INSC 63016 December 2005Appeal(s) allowed
A lecturer (Venkappa Gowda) assaulted the principal of a private college with a chappal and used abusive language. The management dismissed him under the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975; he appealed to the Educational Appellate Tribunal, which set aside the dismissal and im…
RAJESH RANJAN YADAV @ PAPPU YADAVversusCBI THROUGH ITS DIRECTOR
2006 INSC 85616 November 2006Dismissed
Rajesh Ranjan Yadav, a four‑time Member of Parliament, was charged with a triple murder under IPC sections 302, 34 and 120B, and under Section 27 of the Arms Act. After being in judicial custody for more than six years, he repeatedly applied for bail, arguing that continued detention violated his fundamental right to l…
BAPUversusSTATE OF MAHARASHTRA
2006 INSC 85716 November 2006Dismissed
The appellant, Bapu, was convicted under Section 302 IPC for allegedly setting his wife, Shobhabai, on fire. The prosecution's case rested on three dying declarations made by the deceased—two recorded in a rural hospital before an Executive Magistrate and a police constable, and a third before family members in a civil…
INDIAN DRUGS AND PHARMACEUTICALS LTD.versusWORKMAN, INDIAN DRUGS AND PHARMACEUTICALS LTD.
2006 INSC 85916 November 2006Appeal(s) allowed
The Supreme Court considered a dispute where Indian Drugs and Pharmaceuticals Ltd., a loss‑making public sector undertaking, had appointed ten dependants of deceased employees as casual daily‑rate workers without any vacancy or rule. The Labour Court had ordered their regularisation and the High Court, while rejecting …
MAHATMA GANDHI MISSIONversusCITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND ORS.
2005 INSC 42316 September 2005Dismissed
The Mahatma Gandhi Mission, a charitable trust, sought land from CIDCO for a college, hospital, club, stadium and staff quarters. While agreements were executed for the college, hospital, club and stadium, no deed or possession was ever given for the staff quarters. CIDCO cancelled the allotment of the disputed land an…
DEVA SAHAYAM (D) BY LRS.versusP. SAVITHRAMMA AND ORS.
2005 INSC 42416 September 2005Case Partly allowed
The appellant, a tenant, entered into an oral agreement of sale with the respondents (landlords) and later sued for specific performance. The respondents alienated the property to third parties and filed a counter‑claim for possession, alleging the tenant had denied the landlord's title. The trial court entertained the…
KRISHAN LALversusSTATE OF HARYANA & ORS.
2009 INSC 91216 July 2009Dismissed
Krishan Lal challenged the appointment of respondent No.4 as Mechanist Grinder Instructor, alleging that the candidate did not satisfy the five‑year practical/teaching experience requirement and that the experience certificates were invalid because the issuing establishments had not deposited provident fund contributio…
M/S. DULARI EXPORTS LTD. & ORS.versusH.S.L.D.C. LTD. & ORS.
2009 INSC 91416 July 2009Dismissed
Dulari Exports Ltd. and others were allotted an industrial plot by H.S.I.D.C. Ltd. They paid four installments but failed to pay the fifth within the stipulated time. The corporation issued a notice stating that the plot was liable for resumption and offered the petitioners a chance to retain it at Rs.2200 per square m…
NATIONAL THERMAL POWER CORPORATION LTD.versusMAHESH DUTTA AND OTHERS
2009 INSC 91616 July 2009Dismissed
The National Thermal Power Corporation Ltd. (NTPC) acquired 65.71 acres of land under the Land Acquisition Act, 1894 for a thermal power plant, invoking emergency provisions of Section 17 and paying 80% compensation. NTPC claimed it had only taken physical possession of about 10.2 acres and sought withdrawal of acquisi…
HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATIONversusVEENA SHARMA & ORS.
2009 INSC 91716 July 2009Case Allowed
The Haryana State Industrial Development Corporation (HSIDC) filed review petitions seeking clarification of its earlier orders dated 19 February 2008 and 20 February 2008 concerning the re‑allotment of industrial plots to Veena Sharma and others. The petitions centered on the interpretation of a direction that allowed…
SECRETARY, TO THE GOVT. OF HARYANA & ORS.versusVIDYA SAGAR
2009 INSC 91916 July 2009Dismissed
The appellant, the Secretary to the Government of Haryana, appealed against a High Court order that directed full reimbursement of medical expenses incurred by a retired employee (respondent) for heart bypass surgery. The respondent, a pensioner, submitted a claim of Rs.1,87,907.65, but the State paid only Rs.1,62,298 …
GHULAM RASOOL LONEversusSTATE OF J & K & ORS.
2009 INSC 92016 July 2009Dismissed
The case concerned a petition by Ghulam Rasool Lone, a senior police employee, seeking promotion to Sub‑Inspector after a junior colleague, Hamiddulah Dar, had been illegally promoted in 1987 by relaxing the recruitment rules. Similar promotions were later granted to other employees through writ petitions, but Lone del…
SATISH & ORS.versusSTATE OF U.P. & ORS.
2009 INSC 92316 July 2009Disposed off
The Supreme Court examined the compensation awarded to landowners whose lands were acquired for a thermal power plant in Sarna, Muradpur, Uttar Pradesh. The Court held that, under Section 23 of the Land Acquisition Act, 1894, all relevant sale deeds must be considered to determine the market value of the land, and that…
SUDHIR S. MEHTA & ORS.versusCUSTODIAN & ANR.
2008 INSC 69816 May 2008Dismissed
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 were not divided int…
V.R. DALAL & ORS.versusYOUGENDRA NARANJI THAKKAR & ANR.
2008 INSC 69716 May 2008Appeal(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 Penal Code. The partners…
BHANWAR SINGH & ORS.versusSTATE OF M.P.
2008 INSC 69416 May 2008Case 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 regarding the plea of…
M/S ENTERTAINMENT NETWORK (INDIA) LTD.versusM/S SUPER CASSETTE INDUSTRIES LTD.
2008 INSC 70816 May 2008Appeal(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 Board had fixed royalty …
ILLA ROY CHOWDHURYversusSHYAMALI DAS AND ORS.
2008 INSC 70916 May 2008Appeal(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 Calcutta High Court later i…
COMMISSIONER OF CUSTOMS, (PREV.) GUJARATversusM/S RELIANCE PETROLEUM LTD.
2008 INSC 71016 May 2008Dismissed
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 importer claimed exemption …
TATA MOTORS LTD.versusPHARMACEUTICAL PRODUCTS OF INDIA LTD. & ANR.
2008 INSC 69216 May 2008Appeal(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 Industrial and Financial …
RANGANAYAKAMMA AND ANOTHERversusK.S. PRAKASH (D) BY L.RS. AND OTHERS
2008 INSC 71116 May 2008Dismissed
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 settlement, and the sist…
ORIENTAL INSURANCE CO. LTD.versusSUDHAKARAN K.V. & ORS.
2008 INSC 71316 May 2008Appeal(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 insured and the acci…
FAQRUDDIN (DEAD) THROUGH L.RS.versusTAJUDDIN (DEAD) THROUGH L.RS.
2008 INSC 71416 May 2008Appeal(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 after being declared a…
DLF UNIVERSAL LTD. AND ANR.versusTHE DIRECTOR GENERAL (INVESTIGATION AND REGISTRATION) AND ANR.
2008 INSC 71516 May 2008Dismissed
DLF Universal Ltd. and its trust, the colonizers of a Gurgaon colony, were directed by the Monopolies and Restrictive Trade Practices (MRTP) Commission to execute a fresh lease deed with a complainant who alleged unfair and restrictive trade practices in the allotment of school sites. The appellants did not challenge t…
SULOCHANAversusRAJINDER SINGH
2008 INSC 71616 May 2008Appeal(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 set it aside, holding…
INDIAN BANKversusGODHARA NAGRIK COOPERATIVE CREDIT SOCIETY LTD. AND ANOTHER
2008 INSC 71716 May 2008Case 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 petitions under Article…
CHENNAI CUSTOMS APPRAISING OFFICERS ASSN.versusUNION OF INDIA & ORS.
2008 INSC 71816 May 2008Dismissed
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 the 1961 Recruitment R…
M/S. PONDS INDIA LTD. (MERGED WITH H.L. LTD.)versusCOMMISSIONER OF TRADE TAX, LUCKNOW
2008 INSC 71916 May 2008Appeal(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 Tax Act, 1948, and …
N. PADMAMMA AND OTHERSversusS. RAMAKRISHNA REDDY AND OTHERS
2008 INSC 72016 May 2008Matter 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 ousted its jurisdiction, …
FOOD CORPORATION OF INDIA & ANR.versusPALA RAM & ORS.
2008 INSC 72116 May 2008Disposed 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 whether the 1976 notificat…
A.P. ELECTRICITY REGULATORY COMMISSIONversusM/S. R.V.K. ENERGY PVT. LTD. AND ANOTHER
2008 INSC 72216 May 2008Disposed off
The Supreme Court examined the dispute between the Andhra Pradesh Electricity Regulatory Commission (APERC) and private mini‑power‑plant (MPP) developers, including Mis. R.V.K. Energy Pvt. Ltd. and LVS Power Ltd., over the Commission’s direction that all power generated by the MPPs must be sold exclusively to APTRANSCO…
MUNICIPAL CORPORATION, HYDERABADversusSUNDER SINGH
2008 INSC 72316 May 2008Appeal(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 subsequently dismissed; the ap…
DABUR INDIA LTD.versusK.R. INDUSTRIES
2008 INSC 72516 May 2008Dismissed
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 decision. Dabur appealed, a…
KABUSHIKI KAISHA TOSHIBAversusTOSHIBA APPLIANCES CO. AND ORS .
2008 INSC 72616 May 2008Appeal(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 Trade and Merchandis…
M/S. BAKEMANS INDUSTRIES PVT. LTD.versusM/S. NEW CAWNPORE FLOUR MILLS AND OTHERS
2008 INSC 72716 May 2008
Bakemans Industries Pvt. Ltd. (the appellant) defaulted on a loan from SICOM Ltd. under the State Financial Corporations Act, 1951. SICOM invoked Section 29 of that Act to take possession of the appellant's factory and sought sale of the assets, while the appellant and other creditors filed winding‑up applications befo…
KUSUMAM HOTELS (P) LTD.versusKERALA STATE ELECTRICITY BOARD & ORS.
2008 INSC 72916 May 2008Disposed 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 doctrine of promissory esto…
UNITED INDIA INSURANCE COMPANY LTD.versusMANUBHAI DHARMASINHABHAI GAJERA & ORS.
2008 INSC 73016 May 2008Dismissed
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 Court ordered renewa…
M.D., H.S.L.D.C. AND ORS.versusM/S. HARI OM ENTERPRISES AND ANR.
2008 INSC 73116 May 2008Disposed 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 cases, to resume the p…
TAMIL NADU ELECTRICITY BOARD & ANR.versusSTATUS SPINNING MILLS LTD. & ANR.
2008 INSC 73316 May 2008Appeal(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 doctrine of promissor…
ANANDA MOHAN SEN AND ANR.versusSTATE OF WEST BENGAL
2007 INSC 60316 May 2007Dismissed
The Supreme Court examined the death of Bakulbala, a married woman found dead at her matrimonial home, and the convictions of her father‑in‑law (Ananda Mohan Sen) and husband (Gouranga Mohan) under Sections 498A and 306 of the IPC. The prosecution proved that she had been subjected to repeated physical and mental cruel…
APOLINE D' SOUZAversusJOHN D SOUZA
2007 INSC 60416 May 2007Disposed off
Florine D' Souza, a 96‑year‑old bedridden woman, executed a will bequeathing land to Apoline D' Souza (appellant) and John D' Souza (respondent). The appellant, unrelated to the testatrix, claimed the bequest was due to his service to her and applied for letters of administration under Sec. 276 of the Succession Act, 1…
SMT. YALLWWA AND ORS.versusNATIONAL INSURANCE CO. LTD. AND ANR.
2007 INSC 60516 May 2007Dismissed
The appellants, heirs of victims of a tractor‑trailer accident, filed claim petitions under Section 140 of the Motor Vehicles Act, 1988, seeking compensation from the vehicle owner and the insurer. The Claims Tribunal ordered both the owner and the insurer to deposit a fixed sum for each deceased. The insurer appealed,…
INSTITUTE OF CHARTERED FINANCIAL ANALYSTS OF INDIA AND ORS.versusCOUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ORS
2007 INSC 60616 May 2007Appeal(s) allowed
The Institute of Chartered Financial Analysts (ICFAI) offered a Chartered Financial Analyst (CFA) programme and the Council of the Institute of Chartered Accountants of India (ICAI) issued a notification stating that any Chartered Accountant (CA) who obtained the CFA qualification and did not surrender it by a prescrib…
STATE OF RAJASTHAN & ANR.versusS.N.TIWARI & ORS.
2009 INSC 34416 March 2009Dismissed
The respondent, an Investigator Grade‑II in the Department of Economic and Statistics, Government of Rajasthan, was declared surplus and deputed to the Directorate of Medical and Health Services where, on 3 December 1980, he was appointed on an urgent temporary basis as a Homeopathic Doctor under the ESI Scheme. He con…
TILAK RAJversusBAIKUNTHI DEVI (D) BY LRS.
2009 INSC 19216 February 2009Appeal(s) allowed
The appellant, Tilak Raj, claimed a half‑share in land bequeathed to him by his grandmother's will and in land that had been acquired by the Fertilizer Corporation of India (FCI) and later returned as surplus. The decree in the earlier suit mistakenly described the land as Khasra No. 25R/52 instead of the correct 26R/5…
SAROJ KUMAR PODDARversusSTATE (NCT OF DELHI) & ANR.
2007 INSC 4116 January 2007Appeal(s) allowed
Elkay International supplied chemicals to VHEL Industries Ltd., which issued three cheques that were later dishonoured. A complaint was filed against the company, its managing director, and other directors, including the appellant who had resigned from the board before the cheques were issued. The appellant sought to q…
BISHNU PRASAD SINHA & ANR.versusSTATE OF ASSAM
2007 INSC 4216 January 2007Dismissed
The appellants, Bishnu Prasad Sinha and a co‑accused, were convicted of raping and murdering a 7‑8‑year‑old girl who was staying overnight in a travel agency’s waiting room. The prosecution’s case rested on the night watchman’s voluntary confession recorded under Section 164 of the CrPC, corroborated by circumstantial …
JAMEELversusSTATE OF MAHARASHTRA
2007 INSC 4316 January 2007Dismissed
The appellant, a mechanic, lured a five‑year‑old girl, took her away and allegedly committed sexual assault, including intercourse through the rectum. The girl identified the accused the next day and a medical report corroborated the assault. The trial court convicted him under IPC sections 363, 376, 511 and 377, and t…
AJAY BANSALversusANUP MEHTA & ORS.
2007 INSC 4416 January 2007Appeal(s) allowed
The appellant Ajay Bansal filed a summary suit under Order XXXVII of the CPC for recovery of Rs 2,93,987. The respondents applied for leave to defend under Order XXXVII Rule 3(5); the Civil Judge rejected the application, calling the defence sham, and immediately passed a final decree for Rs 2,83,987 with interest. The…
STATE OF MAHARASHTRA & ORS.versusSANJAY K. NIMJE
2007 INSC 4516 January 2007Appeal(s) allowed
The respondent, Sanjay K. Nimje, was appointed to a Maharashtra government post on 29 June 1995 and claimed Scheduled Tribe status as a member of the Halba community. A Caste Certificate Scrutiny Committee examined his certificate and found him to belong to the Koshti caste, a Special Backward Class, invalidating his c…
ORIENTAL INSURANCE CO. LTD.versusJHUMA SAHA AND ORS.
2007 INSC 4716 January 2007Appeal(s) allowed
The owner of a Maruti van, who was also the insured, died while driving the vehicle after it collided with a tree. The heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation from the insurer, Oriental Insurance Co. Ltd. The insurer contended that the policy was a third‑party policy …
MOHD. SARTAJ AND ANR.versusSTATE OF U.P. AND ORS.
2006 INSC 2316 January 2006Dismissed
The appellants were appointed as Urdu teachers in Uttar Pradesh despite not possessing the Basic Teacher's Certificate (B.T.C.) or any equivalent training qualification required by Rule 8 of the U.P. Basic (Teachers) Services Rules, 1981 at the time of their recruitment. Within weeks, the State cancelled their appointm…
ACHARAPARAMBATH PRADEEPAN AND ANRversusSTATE OF KERALA
2006 INSC 102015 December 2006Appeal(s) allowed
The case involved the murder of a school teacher by a group of accused who entered the classroom and assaulted him with iron rods, resulting in 44 injuries. The prosecution relied primarily on child witnesses and two chance witnesses, while the defence challenged the reliability of their testimony, the delays in record…
M.R.KUDVAversusSTATE OF ANDHRA PRADESH
2006 INSC 102215 December 2006Dismissed
M.R. Kudva, a bank manager, was convicted in two separate cases for offences under Sections 120B, 420, 468, 471 IPC and Section 5(1) of the Prevention of Corruption Act, receiving 18 months' rigorous imprisonment in one case and two years in the other. Both convictions and sentences were upheld by the High Court and th…
KAMLA DEVIversusKHUSHAL KANWAR AND ANR.
2006 INSC 102315 December 2006Dismissed
The appeal concerned a special Letters Patent appeal filed before the CPC (Amendment) Act 2002 came into force. The appellant argued that Section 100‑A of the Code of Civil Procedure, which bars further appeals from a single‑judge decision, should apply retrospectively and thus invalidate the pending appeal. The Suprem…
TRIVENI CHEMICALS LTD.versusUNION OF INDIA AND ANR.
2006 INSC 102515 December 2006Appeal(s) allowed
Triveni Chemicals Ltd., a manufacturer of adhesive, deposited excise duty under protest and later obtained a classification that made the product exempt, prompting it to seek a refund of the duty paid. The initial refund application was rejected, but the appellate authority allowed the refund; however, no refund was su…
S.R. BATRA AND ANR.versusSMT. TAR UNA BATRA
2006 INSC 102615 December 2006Appeal(s) allowed
The Supreme Court considered an appeal by the father‑in‑law and mother‑in‑law (appellants) against a Delhi High Court order that held the second floor of a house owned by the mother‑in‑law to be the matrimonial home of their daughter‑in‑law, Taruna Batra. The wife had earlier lived in the house with her husband but lat…
NIRANJAN UMESHCHANDRA JOSHIversusMRIDULA JYOTI RAO AND ORS.
2006 INSC 102715 December 2006Dismissed
The deceased Umeshchandra Madhav Joshi executed a Will in a hospital ICU bequeathing his entire residuary estate to his son Dr. Niranjan Umeshchandra Joshi, who also acted as executor. The Will was attested by an advocate and a doctor, both known to the appellant, and was drafted under circumstances that raised doubts …
M.V. KARUNAKARANversusKRISHANAN (DEAD) BY LRS.
2006 INSC 102815 December 2006Dismissed
Two brothers, Madhavan and Bahuleyan, formed a partnership and were co‑owners of a property. Madhavan died, causing the partnership to dissolve. The legal heirs of Madhavan sold the property to Krishnan (predecessor in interest of the respondents). A third party later obtained a decree against the dissolved firm and th…
M/S. TRANSMISSION CORPORATION OF A.P. LTD.versusM/S. LANCO KONDAPALLI POWER PVT. LTD.
2005 INSC 61915 December 2005Dismissed
The appellant Transmission Corporation of A.P. Ltd. issued a show‑cause notice to the respondent Lanco Kondapalli Power Pvt. Ltd. seeking to re‑fix the capacity charges for a power purchase agreement, prompting the respondent to invoke the arbitration clause and seek a permanent injunction under Section 9 of the Arbitr…
M/S. JAI FIBRES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI-III
2007 INSC 115615 November 2007Appeal(s) allowed
Jai Fibres Ltd manufactures HDPE bags and had been classifying them under Chapter 63 of the Central Excise Tariff Act for the period 1 April 1992 to 15 October 1992, paying duty accordingly. Different High Courts were split on whether such bags should fall under Chapter 39 or Chapter 63, the Madhya Pradesh High Court h…
MONDRI SREENUversusSTATE OF ANDHRA PRADESH
2008 INSC 115715 October 2008Dismissed
The appellant, Montri Sreenu, was convicted under Section 302 of the Indian Penal Code for murdering his mother‑in‑law, Batta Chandramma. The prosecution relied on the appellant’s confession before a magistrate, extra‑judicial confessions to witnesses, recovery of a stone and stick allegedly used as weapons, and medica…
MRS. SANJANA M. WIGversusHINDUSTAN PETRO CORPORATION LTD.
2005 INSC 41815 September 2005Dismissed
The appellant, a partnership firm dealing in automobiles, entered into a dealership agreement with Hindustan Petro Corporation which was later terminated on the death of a partner and subsequently on grounds of payment defaults. The appellant filed a writ petition under Article 226 of the Constitution seeking restorati…
DLF UNIVERSAL LTD.versusEKTA SETH & ANR.
2008 INSC 83215 July 2008Disposed 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 failed to deliver pos…
R.K. MALIK AND ANR.versusKIRAN PAL AND ORS.
2009 INSC 83315 May 2009Disposed off
A school bus fell into the Yamuna River, killing 29 children. The parents filed claim petitions under Section 163A of the Motor Vehicles Act, 1988, seeking compensation. The Motor Accident Claims Tribunal awarded pecuniary compensation based on the Second Schedule multiplier method but no non‑pecuniary damages. The Del…
SIVAKUMARversusNATARAJAN
2009 INSC 81915 May 2009Appeal(s) allowed
The appellant borrowed Rs 1,00,000 from the respondent and issued a cheque which was dishonoured on 2 December 2003. The respondent received intimation of the dishonour on 3 December 2003 and issued a legal notice on 2 January 2004, i.e., on the 31st day. The appellant was convicted under Section 138 of the Negotiable …
SUBHASH CHANDRA & ORS.versusSTATE OF U.P.
2009 INSC 82015 May 2009Dismissed
The Supreme Court examined the appeal of Subhash Chandra and others, who were convicted under IPC sections 302, 324, 323, 147, 148 read with 149 for the murder of Phool Chand Tiwari and injuries to two others. The appellants argued that the FIR statements conflicted with the injured witnesses' testimonies, that only bl…
MAHENDER PAL & OTHERSversusSTATE OF HARYANA & OTHERS
2009 INSC 82215 May 2009Appeal(s) allowed
The State of Haryana issued notifications under Section 4 read with Section 17(4) of the Land Acquisition Act, 1894 to acquire land for an outer ring road and green belt, affecting land owned by Mahender Pal and others that contained residential structures, ancestral samadhis and a temple. The petitioners objected and …
CIDCOversusVASUDHA GORAKHNATH MANDEVLEKAR
2009 INSC 82315 May 2009Dismissed
The dispute concerned the correct date of birth of Vasudha Gorakhnath Mandevlekar, an employee of CIDCO. The corporation claimed 2‑Oct‑1948, while the employee asserted 2‑Oct‑1950, supported by a birth certificate issued by the Panvel Municipal Council and multiple internal CIDCO records (gradation, seniority, retireme…
M.D., BHORUKA TEXTILES LTD.versusM/S KASHMIRI RICE INDUSTRIES
2009 INSC 82515 May 2009Appeal(s) allowed
M.D., Bhoruka Textiles Ltd. (appellant) supplied paddy husk to M/s Kashmir Rice Industries (respondent) but allegedly failed to receive payment, prompting the respondent to sue for Rs.2,61,696. The respondent contended that the appellant had become a "sick" industrial company under the Sick Industrial Companies (Specia…
SANTOSH SOODversusGAJENDRA SINGH & ORS.
2009 INSC 82615 May 2009Disposed off
Santosh Sood, having obtained a loan from State Bank of Indore, constructed a building on a disputed parcel of land and entered into a lease agreement with the bank. The Nagar Palika, claiming ownership, filed a civil suit against Sood which remained pending. Respondent Gajendra Singh (the bank) and the Nagar Palika fi…
UTIAMRAO SHIVDAS JANKARversusRANJITSINH VIJAYSINH MOHITE-PATIL
2009 INSC 83115 May 2009Appeal(s) allowed
The appellant's nomination paper for the Maharashtra Legislative Council election was rejected by the Returning Officer on the ground that two proposers' signatures were forged. The appellant challenged the rejection in an election petition, alleging that the Returning Officer had erred in his decision‑making process, …
GENERAL MANAGER, UTTARANCHAL JAL SANSTHANversusLAXMI DEVI AND OTHERS.
2009 INSC 83215 May 2009Appeal(s) allowed
The husband and father of the petitioners were daily‑wage workers in the Uttar Pradesh Jal Sansthan who died while in service. Their dependents sought compassionate appointments under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. The High Court directed the department …
SUNIL BALKRISHNA BHOIRversusTHE STATE OF MAHARASHTRA
2007 INSC 57915 May 2007Appeal(s) allowed
The appellants were convicted for the murder of Ramdas under Sections 302 and 149 IPC. The prosecution alleged that a group of seven persons, some armed with swords and a knife, assaulted the deceased, with accused No.2 delivering a fatal stab wound. The trial and High Courts held that a common object to kill existed d…
UDAI SINGH DAGAR AND ORS.versusUNION OF INDIA AND ORS.
2007 INSC 58315 May 2007Dismissed
The petitioners, non‑graduate veterinary practitioners, challenged the applicability of Section 30 of the Indian Veterinary Council Act, 1984, which limited practice to degree‑holders and allowed only "minor veterinary services" for diploma or certificate holders. They argued that this violated their Article 19(1)(g) r…
S.B. BHATTACHARJEEversusS.D. MAJUMDAR AND ORS.
2007 INSC 58415 May 2007Dismissed
The case concerned the promotion of S.B. Bhattacharjee to the post of Executive Engineer in Mizoram. The dispute centered on the interpretation of clause (g) of paragraph 3.4 of an Office Memorandum dated 10‑10‑2002, which prescribed which Annual Confidential Reports (ACRs) should be considered by the Departmental Prom…
SRI GODELA SATCHIDANANDA MURTHY (D) BY LRS.versusDY. COMMNR., ENDOWMENTS DEPTT., A.P. AND ORS.
2007 INSC 58515 May 2007Dismissed
The appellant owned land where his father's Samadhi and a temple with idols were constructed. The public contributed to the temple's building, purchased entry tickets, made donations, and regularly attended pujas, prompting the Deputy Commissioner to order registration of the institution as a public religious instituti…
ORIENTAL INSURANCE CO. LTD.versusPREMLATA SHUKLA AND ORS.
2007 INSC 58615 May 2007Appeal(s) allowed
A collision between a Tempo Trax and an untraced truck resulted in the death of a passenger. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed against the driver, owner and insurer of the Tempo, but the Motor Vehicles Accident Claims Tribunal dismissed it, finding no rash or negligent driving…
COAL INDIA LID. AND ORS.versusDOMCO SMOKELESS FUELS (P) LID.
2007 INSC 58715 May 2007Appeal(s) allowed
Domco Smokeless Fuels set up a smokeless fuel plant based on Coal India Ltd's advertisement promising assured coal linkage. The unit was initially linked to Bharat Coking Coal Ltd (BCCL) but sought transfer to Central Coalfields Ltd (CCL) following a policy decision to rationalise linkages. Coal India denied the transf…
CHAIRMAN, INDORE VIKAS PRADHIKARANversusM/S PURE INDUSTRIAL COCK & CHEM. LID. AND ORS.
2007 INSC 58815 May 2007Disposed off
The case concerned the authority of the Indore Vikas Pradhikaran (the appellant) to declare its intention to prepare a town development scheme under Section 50 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, when the development plan for the area had not been finalized. The appellant argued that a draft develo…
ORIENTAL INSURANCE CO.LID.versusBRIJ MOHAN AND ORS.
2007 INSC 58915 May 2007Disposed off
Brij Mohan, a labourer, was riding on a trolley attached to a tractor that was transporting earth to a brick kiln when the driver negligently lost control, causing Mohan to fall and sustain grievous injuries. The tractor was insured by Oriental Insurance Company only for agricultural use, and the insurer argued that th…
BENGA BEHERA AND ANR.versusBRAJA KISHORE NANDA AND ORS.
2007 INSC 59015 May 2007Appeal(s) allowed
The Supreme Court examined a dispute over a Will executed by 70‑year‑old Sarajumani Dasi in favour of a stranger, Brajakishore Nanda. The Will and a sale deed were executed on the same day, but the original Will was never produced; only a certified copy and a Xerox copy were offered. The Court found that the attesting …
MANAGEMENT, PANDIYAN ROADWAYS CORP. LID.versusN. BALAKRISHNAN
2007 INSC 59115 May 2007Dismissed
The appellant, Management, Pandiya Roadways Corp. Ltd., dismissed its class‑IV employee N. Balakrishnan for alleged theft after a disciplinary enquiry found him guilty. The Labour Court refused to approve the dismissal under Section 33(2)(b) of the Industrial Disputes Act because the employer had not complied with Clau…
R.V. DEV @ R. VASUDEVAN NAIRversusCHIEF SECRETARY, GOVT. OF KERALA AND ORS.
2007 INSC 59215 May 2007Dismissed
The appellant, an indigent plaintiff, filed a suit for damages against the State of Kerala which was dismissed as barred by limitation. The High Court held that, despite his indigent status, the plaintiff must pay the court fee because he failed in the suit, and dismissed his application for clarification. On appeal, t…
M/S. NOORIE MANURE MILL, SAMBHALversusCOMMISSIONER, TRADE TAX, U.P.
2007 INSC 59315 May 2007Disposed off
Mis. Noorie Manure Mill, a dealer in crushed bones, horn and hoof, appealed against a tax demand under the U.P. Trade Tax Act. The issue was whether animal horns and hooves could be treated as "crushed bone" or as fertilizer within the meaning of several exemption notifications issued by the State of U.P. The Allahabad…
COMMISSIONER OF MUNICIPAL CORPORATION, SHIMLAversusPREM LATA SOOD AND ORS.
2007 INSC 59415 May 2007Disposed off
The respondents sought to build a hotel on Shimla's Mall Road. They obtained planning permission under the Himachal Pradesh Town and Country Planning Act, 1977, subject to obtaining building permission from the Municipal Corporation. Their application for building plan sanction under the Himachal Pradesh Municipal Corp…
S. SETHURAMANversusR. VENKATARAMAN AND ORS.
2007 INSC 59515 May 2007Appeal(s) allowed
The case concerned the promotion of a teacher to Headmaster in a Tamil Nadu private school governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the 1974 Rules. The Managing Committee had evaluated merit and ability and appointed the appellant, Sethuraman, but the senior respondent, Venkatara…
ASIT BHATTACHARJEEversusM/S. HANUMAN PRASAD OJHA AND ORS.
2007 INSC 59615 May 2007
The appellant, a food‑grain exporter, appointed the respondents as agents to arrange rail transport of wheat and rice. The respondents allegedly committed fraud, cheating, forgery, criminal breach of trust and misappropriation of funds, offences alleged to have been committed mainly in Uttar Pradesh but also involving …
SOUTHERN PETROCHEMICAL INDUSTRIES CO. LTD.versusELECTRICITY INSPECTOR AND E.T.I.0. AND ORS.
2007 INSC 59715 May 2007Disposed off
The Supreme Court examined the constitutionality of the Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003, holding that the State has legislative competence under Entry 53 of List II and that the Act does not conflict with the Electricity (Supply) Act, 1948. The Court clarified that the repeal‑and‑savings …
STATE OF PUNJABversusSOHAN SINGH
2006 INSC 34415 May 2006Dismissed
The State of Punjab prosecuted Junior Engineer Sohan Singh under Sections 13(1) and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a bribe of Rs 200 to release an electric connection. The trial court convicted him, but the Punjab & Haryana High Court acquitted him, finding no proo…
G. SEKARversusGEETHA & ORS
2009 INSC 50315 April 2009Dismissed
The appeal arose from a partition suit concerning the self‑acquired property of the deceased Govinda Singh, who allegedly left a will in favour of his son (the appellant). The daughters contested the will’s validity and sought partition of the dwelling house. The key legal issue was the effect of the Hindu Succession (…
V.V.S RAMA SHARMA & ORS.versusSTATE OF U.P. & ORS.
2009 INSC 50815 April 2009Appeal(s) allowed
The appellants, former officers of the Life Insurance Corporation of India, were charged under IPC sections 420 and 409 and Stamp Act sections 64 and 69 for allegedly purchasing insurance stamps from vendors outside Uttar Pradesh, causing a loss to the State. They filed writ petitions seeking quashing of the FIR, which…
K. ASHOKAversusN.L. CHANDRASHEKAR & ORS.
2009 INSC 53115 April 2009Appeal(s) allowed
The Director of a housing cooperative society filed a complaint under Section 200 of the CrPC alleging that the society's office bearers had cheated the society by allotting a plot at a price far below market value and making illegal gains, based on a report of the Joint Registrar under the Karnataka Cooperative Societ…
MANOJ NARAIN AGRAWALversusSHASHI AGRAWAL
2009 INSC 53215 April 2009Disposed off
The case arose from two FIRs relating to a family dispute over a farm house, leading to charge‑sheets against Manoj Narain Agrawal, Shashi Agrawal, Meenaxi Agrawal and others under various IPC sections. The High Court of Uttarakhand dismissed a criminal miscellaneous application under Section 482 CrPC but, while doing …
SUMESH SINGHversusPHOOLAN DEVI & ORS.
2009 INSC 53315 April 2009Dismissed
The plaintiff, Babu, owned suit land and filed a suit to set aside a deed of sale executed under a purported Power of Attorney. The plaintiff died during the suit and his heirs were brought on record. An amendment to the plaint was allowed in 2004. Subsequently, the eighth respondent (an heir and legal representative) …
M.P. STATE CO-OP. DAIRY FEDN. LTD. & ANR.versusRAJNESH KUMAR JAMINDAR & ORS.
2009 INSC 51215 April 2009Dismissed
The Madhya Pradesh State Co‑operative Dairy Federation Ltd., a society incorporated under the Madhya Pradesh Cooperative Societies Act, ordered the compulsory retirement of 52 employees who had completed 20 years of service. Sixteen employees challenged the order and were awarded 50% back wages by a Single Judge, while…
AVINASH DHAVAJI NAIKversusSTATE OF MAHARASHTRA
2009 INSC 51315 April 2009Case Partly allowed
The State of Maharashtra acquired about 5,300 sq m of agricultural land in 96 villages for the New Bombay Project under the Land Acquisition Act, 1894. The Land Acquisition Collector initially valued the land at Rs 0.35 per sq m; the reference court, using the belting method, enhanced compensation to Rs 5‑10 per sq m, …
BALBIR KAUR & ORS.versusNEW INDIA ASSURANCE COMPANY LTD. & ORS.
2009 INSC 51715 April 2009Case Partly allowed
The deceased Baljit Singh was killed when his scooter was hit by a bus on 18 March 1996. His family claimed compensation under Section 166 of the Motor Vehicles Act and the Tribunal awarded Rs 7.96 lakh. The insurer argued that the cover note was issued on 15 March 1996 but was to take effect from 19 March 1996, so it …
OM PRAKASH SINGHversusM. LINGAMAIAH & ORS.
2009 INSC 51815 April 2009Dismissed
Om Prakash Singh, a resident of Uttar Pradesh, claimed that a 16‑acre parcel of land in Andhra Pradesh was joint family property and that the Karta, Ram Katin Singh, died in 1978. He alleged that the respondents fabricated three sale deeds in 1980‑81 by forging Singh’s signature and thereby illegally obtained possessio…
MANDAL PANCHAYATH HUNSAGIversusNORTH EASTERN K.R.T.C.
2009 INSC 51915 April 2009Dismissed
The North Eastern K.R.T.C., a statutory road transport corporation, filed a suit for permanent injunction to stop the Mandal Panchayat from constructing shops on land that formed part of a public road maintained by the PWD, thereby obstructing a wicket gate used for passenger egress at a bus stand. The Panchayat argued…
BIMLA DEVI & ORS.versusHIMACHAL ROAD TRANSPORT CORPN. & ORS.
2009 INSC 52015 April 2009Appeal(s) allowed
The husband of the appellant, Constable Jawala Ram, died when a bus owned by Himachal Road Transport Corporation allegedly reversed without sounding a horn, crushing him. The appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal held that…
NAVANATH & ORS.versusSTATE OF MAHARASHTRA
2009 INSC 52315 April 2009Appeal(s) allowed
The Government of Maharashtra acquired 182 hectares of land for the Uthala Irrigation Project. The Special Land Acquisition Officer fixed market values and awarded additional compensation for fruit‑bearing trees, wells, pipelines and structures, classifying the land as Bagayat (irrigated) and Jirayat (non‑irrigated). T…
STATE OF JHARKHAND & ORS.versusSHIV KARAMPAL SAHU
2009 INSC 52215 April 2009Appeal(s) allowed
The appellant State of Jharkhand challenged a High Court order that had granted a compassionate appointment to Shiv Karpal Sahu, whose father, a non‑government employee, was killed in a terrorist attack on 19 May 2000. The High Court had applied circulars issued by the Bihar Government (9 Aug 2000) and the Jharkhand Go…
KERALA AGRICULTURAL UNIVERSITYversusB.K. JAYACHANDRAN ETC.
2009 INSC 52515 April 2009Dismissed
The respondents, appointed as Assistant Professors in the 1970s and early 1980s, were promoted to Associate Professor (Non‑Cadre) under a time‑bound grade promotion scheme approved by the Kerala Government and based on the Fourth Pay Commission recommendations. The University later adopted a UGC/ICAR pay‑scale scheme, …
STATE OF UTTARANCHALversusALOK SHARMA & ORS.
2009 INSC 50215 April 2009Appeal(s) allowed
The Supreme Court examined whether circular letters issued by the Uttar Pradesh Government in 1995 and 1996 could be treated as the "notified orders" required under the Uttar Pradesh Absorption of Retrenched Employees of Government of Public Corporations in Government Services Rules, 1991, which mandated a cut‑off date…
SETH RAMDAYAL JATversusLAXMI PRASAD
2009 INSC 51115 April 2009Dismissed
The borrower, Laxmi Prasad, had pledged jewellery to money‑lender Seth Ramdayal Jat in 1987 for a loan. After the lender was convicted in a criminal case for charging excess interest, the borrower served a notice on 12 May 1998 demanding the return of the jewellery, which was ignored. A suit for recovery of the pledged…
G. RAMACHANDRA REDDY & CO.versusUNION OF INDIA & ANR.
2009 INSC 52815 April 2009Disposed off
The appellant submitted a tender for a construction contract, claiming a 2.25% uplift on rates and a 40% labour component, which the respondent contested, leading to arbitration. The arbitrator held that the appellant’s covering letter formed part of the contract, upheld the 2.25% uplift, substituted the contractually …
L. PARMESWARANversusCHIEF PERSONNEL OFFICER & ORS.
2008 INSC 19815 February 2008Case Partly allowed
L. Parameswaran, originally a casual artisan in the Electrical Division of Indian Railways, was promoted to ex‑cadre posts in the Mechanical side (Diesel Mechanic Grade II and later Grade I). The Railway Administration later adopted a policy to repatriate ex‑cadre employees to their parent cadre after four years, and c…
MANAGEMENT, THE ASSISTANT SALT COMMISSIONERversusSECRETARY, CENTRAL SALT MAZDOOR UNION
2008 INSC 19915 February 2008Case Partly allowed
The case concerned a group of platform mazdoor who had worked for the Assistant Salt Commissioner for periods ranging from ten to thirty years and claimed regularisation after completing more than 240 days of work per year. The department argued that the workers were engaged on daily wages on behalf of salt licencees u…
GHAZIABAD DEVELOPMENT AUTHORITY & ANR.versusASHOK KUMAR & ANR.
2008 INSC 20015 February 2008Case Partly allowed
The Ghaziabad Development Authority (appellant) terminated Ashok Kumar (respondent), a daily‑wage Amin, on 1 May 1990. Kumar claimed the dismissal violated Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a workman who has worked at least 240 days in a year to be given one month’s notice o…
BANT SINGH & ANR.versusNIRANJAN SINGH(D) BY LRS,& ANR.
2008 INSC 20115 February 2008Case Allowed
The dispute arose over the mutation of property left by Chartu, who had two sons and a daughter Nandi. After the deaths of the sons, the respondent claimed the land was joint coparcenary property and that Nandi and her children (the appellants) had no right, while the appellants sought to establish Nandi’s relationship…
S.K. ALAGHversusSTATE OF U.P. & ORS.
2008 INSC 20215 February 2008Case Allowed
The proprietor of Akash Traders filed a criminal complaint against the Managing Director of Britannia Industries Ltd, alleging criminal breach of trust under Section 406 IPC for demand drafts issued for undelivered goods. The company itself was not impleaded, and the appellant was initially discharged by the magistrate…
CHEROTTE SUGATHAN (DIED THROUGH LR'S) & ORS.versusCHEROTTE BHARATHI & ORS.
2008 INSC 20715 February 2008Dismissed
The deceased Sri Pervakutty executed a will in 1975 bequeathing his property to his sons, while providing a monthly allowance and residence right to his wife. After Pervakutty's death, his son Sukumaran died in 1976 and the widow remarried in 1979. The widow filed a partition suit in 1985 claiming one‑third of the prop…
HARBANS SINGHversusSTATE (GOVT. OF NCT OF DELHI)
2007 INSC 14415 February 2007Dismissed
Harbans Singh and Mohd. Ayub Mir were arrested after a police raid in which a hawala transaction of Rs 7 lakhs was intercepted, the money being handed over in a polythene packet to Mir, a member of Lashkar‑e‑Taiba. Both accused gave confessional statements that were recorded by the DCP Special Branch and later confirme…
IMTIAZ AND ANR.versusSTATE OF UTTAR PRADESH
2007 INSC 14515 February 2007Dismissed
The dispute arose over the cleaning of a drainage channel when the complainant and his brothers were attacked by twelve accused who arrived armed with spears and lathis. The accused ordered them to stop, and when they refused, three of the accused inflicted spear blows on the brothers, resulting in the death of Abdul Q…
UNION PUBLIC SERVICE COMMISSIONversusS. THIAGARAJAN AND ORS.
2007 INSC 14815 February 2007Appeal(s) allowed
The Union Public Service Commission (UPSC) selected officers for promotion from the State Forest Service to the Indian Forest Service (IFS) for the year 1998 in accordance with the IFS (Appointment by Promotion) Regulations, 1966 as amended on 31‑12‑1997. The first respondent, a Deputy Conservator of Forest, was not pl…
S. SANKARANversusD. KAUSALYA
2007 INSC 14915 February 2007Appeal(s) allowed
The testator executed a will in 1986 appointing his younger daughter's eldest son as executor, and the appellant sought probate. The elder daughter contested, alleging a prior 1982 will bequeathing equal shares and claiming the 1986 will was forged. A Single Judge of the Madras High Court held the 1986 will genuine aft…
ALOK SHANKER PANDEYversusUNION OF INDIA AND ORS.
2007 INSC 15015 February 2007Disposed off
The appellant applied for a flat under the Indira Puram Housing Scheme in 1994 and paid all required installments, but the flat was never allotted. In 2001 he demanded a refund of the installments with 21% interest, but the authority refunded only the principal amount. He filed a claim under Section 12B (and Section 12…
VEMA CHINA KOTESWARA RAOversusDISTRICT COLLECTOR AND ORS.
2007 INSC 15115 February 2007Dismissed
Vema China Koteswara Rao filed a public interest litigation seeking to declare the permission granted to install a statue of the late ex‑MLA Verna Yellaiah on government premises as illegal, alleging it violated Government Order (GO) No.393 dated 13‑June‑2000. The Andhra Pradesh High Court dismissed the petition, holdi…
UNION OF INDIA AND ANR.versusKAUSHALAYA DEVI
2007 INSC 15215 February 2007Appeal(s) allowed
The respondent, a freedom fighter, applied for a pension but her claim was not supported by a jail certificate; instead it was based on the oral testimony of another detainee, constituting secondary evidence. The central issue was whether the pension should be backdated to the date of her application or to the date of …
HARI YADAVversusSTATE OF BIHAR
2007 INSC 130814 December 2007Dismissed
The case arose from a land dispute in which Hari Yadav and others assaulted Chander Dusadh on 11 August 1981, inflicting a sharp blow to the head and other injuries. Dusadh was hospitalized and died on 1 September 1981. The trial court convicted the accused under Section 302 IPC, sentencing Hari Yadav to ten years' rig…
RAM PAL AND ANR .versusSTATE OF U.P.
2007 INSC 130914 December 2007Dismissed
The appellants Ram Pal and Ram Saran were charged under Sections 302 and 149 IPC for the murder of their uncle Birbal Singh, allegedly shot with a shotgun and a pistol. The trial court acquitted them, finding the three eyewitnesses unreliable and doubting forensic evidence such as the presence of an empty cartridge and…
M/S. EVEREST WOOLS PVT. LTD. AND ORS.versusU.P. FINANCIAL CORPORATION AND ORS.
2007 INSC 131114 December 2007Appeal(s) allowed
Mis. Everest Wools Pvt. Ltd. obtained a loan from the U.P. State Financial Corporation and later sought additional financing from the Pradeshiya Industrial and Investment of U.P. Ltd. (PICUP). The Corporation alleged that the company had purchased second‑hand plant from another financed unit in breach of contract, reca…
AKHILESH KUMAR SINGHversusSTATE OF JHARKHAND & ORS.
2007 INSC 131214 December 2007Dismissed
Writer Constable Akhilesh Kumar Singh was charged with tampering official records, forging entries and misappropriating food allowance. A departmental inquiry found him guilty on all counts and dismissed him from service. He appealed, contending that another constable, Kaushal Kumar Singh, faced essentially the same ch…
MOUNT CARMEL SCHOOL SOCIETYversusD.D.A.
2007 INSC 131314 December 2007Dismissed
The Mount Carmel School Society applied to the Delhi Development Authority (DDA) for four acres of land to run a senior secondary school, and the Institutional Allotment Committee recommended the full allotment. The DDA, however, made a policy decision to allot only two acres. The Society filed writ petitions alleging …
ASOKANversusLAKSHMIKUTTY & ORS.
2007 INSC 131414 December 2007Appeal(s) allowed
The parents executed registered deeds of gift in 1984 transferring specific land to their son, expressly stating that possession had been handed over and accepted. The parents later attempted to cancel the gifts on the condition that the son pay Rs 1,00,000 for a sister's marriage, which he did not do, and filed cancel…
STATE OF GUJARATversusGAJANAND M. DALWADI (D) BY L.RS.
2007 INSC 131514 December 2007Appeal(s) allowed
Gajanand M. Dalwadi, a clerk in Gujarat's Regional Transport Office, forged a duplicate driving licence to facilitate an insurance fraud. A disciplinary inquiry proved the forgery and ordered his removal from service. He appealed to the Gujarat Civil Services Tribunal, which set aside the removal on the ground that he …
SONI DINESHBHAI MANILAL AND ORS.versusJAGJIVAN MULCHAND CHOKSHI
2007 INSC 131614 December 2007Dismissed
The dispute arose from the dissolution of a partnership firm where the parties' shares were determined by a decree. A Court Commissioner was appointed under Order XXVI Rule 11 of the CPC to examine the accounts, and his report was objected to by the appellants' father. The trial court rejected the objections and a requ…
MORGAN SECURITIES AND CREDIT PVT.LTDversusMODI RUBBER LTD.
2006 INSC 100614 December 2006Dismissed
Morgan Securities advanced an inter‑corporate deposit to Modi Rubber, which defaulted, leading to an arbitral award in favour of Morgan and a winding‑up petition. The High Court restrained Modi Rubber from dealing with its assets, but the company made a reference to the Board for Industrial and Financial Reconstruction…
SHANTI DEVIversusDAROPTI DEVI AND ORS.
2006 INSC 100714 December 2006Case Partly allowed
The appellant, Shanti Devi, claimed a Will executed by her mother in her favour and sought mutation of the property. Her sister, Daropti Devi, challenged the Will's validity, filing suits for perpetual injunction and declaration, both dismissed by the trial court. The Delhi High Court remitted the entire case to the tr…
M/S. A.P. STEEL RE-ROLLING MILL LTD.versusSTATE OF KERALA AND ORS.
2006 INSC 100814 December 2006Dismissed
The Supreme Court considered appeals by A.P. Steel Re‑Rolling Mill Ltd. against the State of Kerala and the Kerala State Electricity Board. The State had issued a 1992 notification exempting new industrial units from the enhanced power tariff if commercial production began between 1 January 1992 and 31 December 1996. T…
S.A. BUILDERS LTD.versusCOMMISSIONER OF INCOME TAX (APPEALS) CHANDIGARH AND ANR.
2006 INSC 100914 December 2006Appeal(s) allowed
S.A. Builders Ltd borrowed funds from banks and advanced a portion of those funds interest‑free to its subsidiary, M/s SAB Credits Ltd. The Assessing Officer disallowed the interest paid on the borrowed funds, holding that the advance to the sister concern was not for the assessee’s own business. The CIT(A) partially a…
S.A. BUILDERS LTD.versusCOMMISSIONER OF INCOME TAX (APPEALS) CHANDIGARH AND ANR.
2006 INSC 101114 December 2006Dismissed
S.A. Builders Ltd., a company engaged in civil construction, claimed a deduction under Section 32AB of the Income Tax Act, 1961. The Income Tax Appellate Tribunal rejected the claim on two grounds: the company was not carrying on any manufacturing activity and the deduction was subject to conditions that were not shown…
SUPDT. OF POST OFFICES AND ORS.versusR. VALASINA BABU
2006 INSC 101214 December 2006Appeal(s) allowed
R. Valasina Babu was appointed as a Postal Assistant to a post reserved for Scheduled Castes on the basis of a caste certificate. Later information indicated he did not belong to the Scheduled Caste, prompting disciplinary proceedings. While the inquiry was pending, the Collector cancelled his caste certificate. The di…
FRANCIS STANLY@ STALINversusINTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU, THIRUVANANTHAPURAM
2006 INSC 101314 December 2006Appeal(s) allowed
The appellant, accused No.2, was charged under the NDPS Act for allegedly handing over heroin to accused No.1. The prosecution's case rested solely on the retracted statement of accused No.1, an accomplice, and the appellant's own retracted confession; no narcotics were found in the appellant's possession. The Supreme …
P.P. ABDULLA AND ANR.versusTHE COMPETENT AUTHROITY AND ORS.
2006 INSC 101414 December 2006Appeal(s) allowed
The appellant, convicted under the Customs Act for possessing smuggled gold, was served a notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 alleging that his property was illegally acquired. The authority, after a hearing, ordered forfeiture of the property …
MURARI THAKUR AND ANR.versusSTATE OF BIHAR
2006 INSC 101514 December 2006Dismissed
The appellants Murari Thakur and Sudhir Thakur, along with a third accused, were convicted for the murder of a 14‑year‑old boy, Bal Krishna Mishra, on 26 August 1998. The prosecution proved that Murari held the victim's legs, Sudhir sat on his back, and the third accused cut the victim's throat, establishing a common i…
M/S. KACHWALA GEMS, JAIPURversusJOINT COMMISSIONER OF INCOME TAX, JAIPUR
2006 INSC 101614 December 2006Dismissed
Mis. Kachwala Gems, a dealer in precious stones, was assessed under the Income Tax Act after the Assessing Officer found serious deficiencies in its books of accounts, including lack of stock registers and unverified purchase entries amounting to about Rs. 42 lakh. The AO rejected the books, invoked Section 144 for a b…
OFFICIAL TRUSTEE OF WEST BENGALversusSTEPHEN COURT LTD.
2006 INSC 101714 December 2006Dismissed
The Official Trustee of West Bengal, as executor and trustee of a 1919 lease, was asked by Stephen Court Ltd. to apply to the Calcutta High Court for an extension of the lease under Section 302 of the Succession Act, 1925 read with Section 26 of the Official Trustees Act, 1913. The High Court entertained the applicatio…
DR. P. P. C. RAWANI & ORS.versusUNION OF INDIA & ORS.
2008 INSC 129814 November 2008Disposed off
The Supreme Court examined two earlier orders (9 April 1987 and 29 October 1991) that directed the regularisation of ad‑hoc doctors and the preparation of separate seniority lists for them and for doctors recruited regularly through the UPSC. The petitioners (regularised doctors) claimed the Union of India was in conte…
GANAPATHI SANYA NAIKversusSTATE OF KARNATAKA
2007 INSC 91814 September 2007Appeal(s) allowed
The appellant, a village accountant, was accused of demanding a bribe of Rs.1,000 from a land purchaser (PW‑6) for mutation entries and revenue documents. After PW‑6 complained, a police‑arranged trap recovered cash that had been placed on the accountant's table, and the prosecution alleged the money was demanded and r…
SANWARIYA LALversusSTATE OF RAJASTHAN
2007 INSC 91914 September 2007Dismissed
Sanwariya Lal was convicted for murdering his eight‑year‑old son Rajesh under Section 302 IPC. The prosecution established that Lal, after a marital dispute and a second marriage, suspected the child's paternity and coveted a Rs 20,000 fixed deposit made in the child's name. He took the child from school, and the child…
COMMISSIONER OF INCOME TAX, SALEMversusP.V. KALYANASUNDARAM
2007 INSC 92014 September 2007Dismissed
The assessee purchased land for Rs 4.10 lakhs, but during a raid the tax department seized notes suggesting a higher consideration and recorded contradictory statements from the seller indicating amounts of Rs 34.35 lakhs, Rs 4.10 lakhs and Rs 4.85 lakhs. The Assessing Officer accepted the higher figure of Rs 34.85 lak…
THE BIHAR STATE BOARD OF RELIGIOUS TRUSTS & ANR.versusVISHWANATH PRASAD LOHIA & ORS.
2007 INSC 92114 September 2007Disposed off
The Bihar State Board of Religious Trusts appealed a Patna High Court order that quashed a notification dated 5 August 1989 issued under Section 29(2) of the Bihar State Board Religious Trust Act, 1950, which sought to supersede a committee formed under a trust deed. The High Court held that the notice was not in accor…
ANDHRA PRADESH PUBLIC SERVICE COMMISSIONversusP. CHANDRA MOULEESWARE REDDY AND ORS.
2006 INSC 61314 September 2006Dismissed
The Andhra Pradesh Public Service Commission (APPSC) advertised 19 Deputy Superintendent of Police posts, but the State Government later directed it to recommend only ten candidates. The APPSC complied, and the remaining three applicants challenged the direction. The Andhra Pradesh Administrative Tribunal held that the…
JAY ENGINEERING WORKS LTD.versusINDUSTRY FACILITATION COUNCIL AND ANR.
2006 INSC 61414 September 2006Appeal(s) allowed
Jay Engineering Works Ltd., a sick industrial company, was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 and a rehabilitation scheme was approved in 2003. Respondent No.2 (Diamond Wire Industries) claimed interest on delayed payments under the Interest on Delayed Payments to Small Sca…
MUNICIPAL CORPORATION OF DELHIversusRISHI RAJ JAIN AND ANR.
2006 INSC 61514 September 2006Disposed off
The respondent, owner of a 2.5‑acre farmhouse in the agricultural green belt of Delhi, constructed a dwelling house on the land. The Municipal Corporation of Delhi (MCD) levied General Tax under Section 115 of the Delhi Municipal Corporation Act, 1957, treating the entire farm as taxable. The High Court directed that f…
ANTONIO S.C. PEREIRAversusRICARDINA NORONHA (D) BY LRS.
2006 INSC 61614 September 2006Appeal(s) allowed
The dispute concerned a property bequeathed under a will that was allegedly altered, and later declared as evacuee property under the Goa Administration Evacuee Property Act, 1964. While a civil suit seeking declaration of title was pending since 1993, the High Court, in a writ petition, set aside a government order re…
I. NELSON AND ANR.versusKALLAYAM PASTORATE AND ORS.
2006 INSC 61714 September 2006Appeal(s) allowed
The Indian Evangelical Lutheran Church, originally registered under the Societies Registration Act, 1860, later fell under the Tamil Nadu Societies Registration Act, 1975. After elections were conducted under an Advocate Commissioner, the Commissioner reported that the society had become defunct. The Madras High Court …
PITTA NAVEEN KUMAR AND ORS.versusRAJA NARASAIAH ZANGITI AND ORS.
2006 INSC 61814 September 2006Case Partly allowed
The Andhra Pradesh Public Service Commission conducted a multi‑stage recruitment for 30‑plus Group‑I posts, fixing a 66% cut‑off based on a 1:50 vacancy‑to‑candidate ratio. Several government orders (GOMs 164, 133 and 200) later altered age limits and reduced the cut‑off to 61%, allegedly to accommodate more candidates…
M/S. DHARAMPAL SATYAPAL LTD. AND ANOTHERversusSTATE OF BIHAR AND ORS.
2008 INSC 66314 May 2008Disposed 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 authorising the levy were ultr…
SHYAMAL KANTI GUHA (D) THROUGH LRS & ORS.versusMEENA BOSE
2008 INSC 66514 May 2008Case 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 partition seeking a…
K. RAGHUNANDAN AND ORS.versusALI HUSSAIN SABIR AND ORS.
2008 INSC 66614 May 2008Dismissed
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 appellants later sued …
ARJAN SINGHversusPUNIT AHLUWALIA & ORS.
2008 INSC 66814 May 2008Case 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 February 2003, resultin…
BHARAT SANCHAR NIGAM LTD. & ANR.versusBPL MOBILE CELLULAR LTD. & ORS.
2008 INSC 67214 May 2008Dismissed
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 that specified rent…
TDM INFRASTRUCTURE PRIVATE LIMITEDversusUE DEVELOPMENT INDIA PRIVATE LIMITED
2008 INSC 67714 May 2008Dismissed
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 exercised in Malaysia. Th…
SAPNAversusUNITED INDIA INSURANCE CO. LTD. & ANR.
2008 INSC 67314 May 2008Case 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 enhanced to Rs 2,00,000 a…
KESARWANI ZARDA BHANDARversusSTATE OF U.P. AND OTHERS
2008 INSC 67414 May 2008Appeal(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 (liable to fee) or a "ma…
RABINDRA SINGHversusFINANCIAL COMMISSIONER, COOPERATION, PUNJAB AND OTHERS
2008 INSC 66114 May 2008Appeal(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 with Section 151 CPC …
BHAGWAN DASversusKARTAR SINGH AND ORS.
2007 INSC 56514 May 2007Dismissed
The deceased Shobha committed suicide, allegedly after prolonged harassment by her in‑laws for insufficient dowry and for bearing a girl child. The trial court framed charges under IPC sections 306 (abetment of suicide), 498‑A (dowry death) and 34. The Delhi High Court quashed the s.306 and s.34 charges, directing that…
VIMALBEN AJITBHAI PATELversusVATSLABEEN ASHOKBHAI PATEL AND ORS.
2008 INSC 36814 March 2008Appeal(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 under CrPC ss. 82 and 8…
PAUL GEORGEversusSTATE OF N.C.T. OF DELHI
2008 INSC 37314 March 2008Disposed 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 convicted under IPC sectio…
UNION OF INDIA AND OTHERSversusNAMAN SINGH SEKHAWAT
2008 INSC 37414 March 2008Dismissed
GURDIAL KAUR (D) THROUGH LRS.versusPIARA SINGH (D) THROUGH LRS.
2008 INSC 37514 March 2008Case 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 to deny specific pe…
M.S.D.C RADHARAMANANversusM.S.D. CHANDRASEKARA RAJA AND ANOTHER
2008 INSC 37714 March 2008Dismissed
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 Sections 397, 398 and 4…
LIC OF INDIAversusR. SURESH
2008 INSC 37814 March 2008Dismissed
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 Industrial Disputes Act, 19…
KANCHERLA LAKSHMINARAYANAversusMATTAPARTHI SYAMALA AND ORS.
2008 INSC 38014 March 2008Case 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 and, after the second r…
MUMTAZ YUNUS MULANIversusSTATE OF MAHARASHTRA & ORS.
2008 INSC 38114 March 2008Dismissed
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 petition, and she appealed…
COMMISSIONER OF CENTRAL EXCISE, VAPIversusM/S. KRAFTECH PRODUCTS INC.
2008 INSC 38214 March 2008Disposed 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 Commodity) Rules, 1977,…
P.K. ARJUNANversusSTATE OF KERALA
2007 INSC 29014 March 2007Dismissed
The appellant, along with two others, was found in possession of 7,985 litres of spirit seized by police and was convicted under Section 55 of the Kerala Abkari Act. The appellant challenged the conviction on the ground that the Sessions Court had omitted the words "transport, transit or possesses" from Section 55, arg…
CHANDIGARH HOUSING BOARDversusDEVINDER SINGH AND ANR.
2007 INSC 29114 March 2007Dismissed
The respondents, a retired army officer and his wife, were allotted a dwelling unit by the Chandigarh Housing Board (CHB) under a housing scheme. They were also members of the Army Welfare Housing Organisation (AWHO), a cooperative society registered under the Societies Registration Act, which had obtained land and all…
S. ANANDversusVASUMATHI CHANDRASEKAR
2008 INSC 18814 February 2008Dismissed
The appellant, S. Anand, was prosecuted under Section 138 of the Negotiable Instruments Act based on a complaint by Vasumathi Chandrasekar. The Metropolitan Magistrate acquitted him under Section 256(1) of the CrPC, citing the complainant's continuous absence and lack of representation. The High Court set aside the acq…
THE ORIENTAL INSURANCE COMPANY LTD.versusSORUMAI GOGOI AND ORS.
2008 INSC 18914 February 2008Case Allowed
Bipul Gogoi, employed as a driver, disappeared on 9 October 1996 and was later declared a proclaimed offender for absconding with the vehicle. His parents claimed compensation under the Workmen Compensation Act, 1923, asserting his death in the course of employment. The Commissioner and the High Court awarded compensat…
THE STATE OF JHARKHAND & ORS.versusBIJAY KUMAR & ORS.
2008 INSC 19014 February 2008Appeal(s) allowed
The respondents were appointed on an ad‑hoc basis as Technical Assistants in the Frozen Semen Bank Project of the Bihar Animal Husbandry Department in 1992 and were terminated in 1997 after the Fodder Scam. They filed writ petitions challenging their termination, which were dismissed by the High Court, and later sought…
BHARAT HEAVY ELECTRICALS LTD.versusESI CORPORATION
2008 INSC 19114 February 2008Case Allowed
Bharat Heavy Electricals Ltd. (BHEL), a public sector undertaking, received a notice under Section 45A of the Employees' State Insurance Act, 1948 for non‑payment of ESI contributions for the period 1981‑1991. BHEL argued that the workers were employed by contractors and therefore sought to implead those contractors as…
A. MANOHARAN AND ORS.versusUNION OF INDIA AND ORS.
2008 INSC 19214 February 2008Case Allowed
The Madras Port Trust Employees (Appointment, Promotion etc.) Regulations, 2000 required a civil engineering degree for appointment as Executive Engineer, thereby excluding diploma holders from promotion. Diploma engineers, relying on Central Government recommendations for a 4:1 promotion ratio, sought judicial relief.…
ORIENTAL INSURANCE COMPANY LTD.versusJASHUBEN AND ORS.
2008 INSC 19314 February 2008Case Partly allowed
The Supreme Court examined an appeal by Oriental Insurance Company Ltd. against a compensation award to the heirs of Devjibhai Rathod, an ONGC assistant who died in a 1994 bus accident. The lower tribunals had calculated loss of dependency by incorporating ONGC's pay revisions that took effect from 1997, thereby inflat…