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1538 judgments · newest first · showing 801–1000

STATE OF KARNATAKAversusAMEER JAN

2007 INSC 939Dismissed

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

MAKSUD SAIYEDversusSTATE OF GUJARAT AND ORS.

2007 INSC 940Dismissed

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

DINESH DALMIAversusC.B.I

2007 INSC 941Dismissed

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

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

2007 INSC 943Appeal(s) allowed

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

GANAPATHI SANYA NAIKversusSTATE OF KARNATAKA

2007 INSC 918Appeal(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 …

SANWARIYA LALversusSTATE OF RAJASTHAN

2007 INSC 919Dismissed

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 …

COMMISSIONER OF INCOME TAX, SALEMversusP.V. KALYANASUNDARAM

2007 INSC 920Dismissed

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 …

THE BIHAR STATE BOARD OF RELIGIOUS TRUSTS & ANR.versusVISHWANATH PRASAD LOHIA & ORS.

2007 INSC 921Disposed 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 …

STTE OF RAJASTHANversusPARTHU

2007 INSC 913Appeal(s) allowed

The State of Rajasthan prosecuted Parthu for the murder of his wife Lali, who died from severe burn injuries after allegedly being doused with kerosene and set alight by him. The prosecution relied on two dying declarations recorded by police officers, with a doctor present who attested the victim's …

TAMA @ TAMAL MALversusSTA TE OF WEST BENGAL

2007 INSC 910Dismissed

The appellant was convicted of murder under Section 302 IPC for stabbing the deceased, Alimat alias Aliul Zaman, on 29 September 1990 in Jindighi, Murshidabad. The prosecution relied on the testimony of two eye‑witnesses who saw the appellant stab the victim, while the defence argued that the FIR …

INDIAN BANK AND ANR.versusN. VENKATRAMANI

2007 INSC 879Disposed off

N. Venkataramani, an employee of Indian Bank, voluntarily retired after 14 years, 9 months and 17 days of service. The bank denied his claim for pension on the ground that he had not completed the statutory minimum of 15 years. The Madras High Court set aside the bank’s order and directed the grant …

MAHESH GUPTA AND ORS.versusYASHWANT KUMAR AHIRWAR AND ORS.

2007 INSC 880Disposed off

The State of Madhya Pradesh issued a circular and an advertisement to fill reserved posts for Scheduled Castes, Scheduled Tribes and for handicapped persons. Eight general‑category disabled candidates were selected, while a disabled candidate belonging to a reserved category (SC/ST) was not. The …

RAM PREETI YADAVversusMAHENDRA PRATAP YADAV AND ORS.

2007 INSC 881Disposed off

Mahendra Pratap Yadav (Respondent No.1) had his Intermediate examination result cancelled after using a provisional marksheet to pursue further studies and employment. He challenged the cancellation, and while the Supreme Court set aside the result, it observed that if any rule permitted him to …

STATE OF RAJASTHAN AND ORS.versusJAGDISH CHOPRA

2007 INSC 882Disposed off

In Rajasthan, teachers are recruited annually under the Rajasthan Education Subordinate Service Rules, 1971. Jagdish Chopra, placed at serial No.10 in the 1995-96 merit list, was not appointed after the candidate at serial No.8 failed to join and the vacancy was carried forward. He filed a writ …

A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICERversusM. PENTAIAH CHARY

2007 INSC 883Disposed off

The respondent, a 38‑year‑old carpenter with six dependents, was permanently disabled after being hit by a bus owned by the Andhra Pradesh State Road Transport Corporation on 26 January 1995. He claimed damages under Section 166 of the Motor Vehicles Act; the tribunal awarded Rs 85,000 and the High …

KIRPAL KAUR ANO ANR.versusV.M. SINGH AND ORS.

2007 INSC 884Disposed off

The case arose from two partition suits settled by a family settlement and a decree directing the execution of a General Power of Attorney and payment of amounts. The Supreme Court had earlier ordered that V.M. Singh deposit the balance amount, which he did, but later sought to withdraw his …

SYNDICATE BANKversusESTATE OFFICER & MANAGER, A.P.I.I.C. LTD. & ORS.

2007 INSC 885Matter referred to larger bench

Syndicate Bank advanced a loan to United Auto Tractor Ltd. secured by a mortgage on 51 acres of land allotted by the Andhra Pradesh Government, relying on an allotment letter and a consent letter from the Director of Industries. The land was later partially cancelled and the allotment rescinded by …

STATE OF MAHARASHTRAversusTULSHIRAM BHANUDAS KAMBLE AND ORS.

2007 INSC 850Appeal(s) allowed

The State of Maharashtra prosecuted fifteen accused for a violent incident in which two persons were killed and three injured. The trial court convicted five of them under Section 302 IPC (murder) with life imprisonment and others under Sections 324 and 452 IPC. The Bombay High Court acquitted the …

KULWINDER SINGHversusSTATE OF PUNJAB

2007 INSC 815Disposed off

Kulwinder Singh was accused of attempting to rape the sister of the complainant, subsequently strangling her, and assaulting the complainant's grandmother with a gandasi, leading to both victims' deaths. The trial court convicted him under Section 302 IPC and sentenced him to death; the High Court …

MEHIBOOBSAB ABBASABI NADAFversusSTATE OF KARNATAKA

2007 INSC 798Appeal(s) allowed

The appellant, a husband, and his parents-in-law were convicted under Sections 302 and 34 of the IPC for the death of the appellant's wife, who allegedly died after being set on fire. The prosecution's case rested on four dying declarations made by the deceased, which were contradictory: two …

M/S. O.N.G.C. LTD.versusCOMMNR. OF CUSTOMS, MUMBAI

2007 INSC 800Disposed off

MIS O.N.G.C. Ltd., a public sector undertaking, paid customs duty on services obtained from Sedco Forex International Drilling Inc. and claimed exemption, but assessment proceeded and was later set aside by the Supreme Court. During the pendency of the appeals, Rs 54,72,87,536 was realized as …

VEER PRAKASH SHARMAversusANIL KUMAR AGARWAL AND ANR.

2007 INSC 801Appeal(s) allowed

The appellant, Veer Prakash Sharma, entered into a contract to purchase welding rods from the respondents but failed to pay the full price and issued two cheques that were later dishonoured. The respondents filed a criminal complaint alleging offences under Sections 402, 406, 409 and 417 of the IPC, …

COMMISSIONER OF INCOME TAX, CHENNAIversusM/S. ALAGENDRAN FINANCE LTD.

2007 INSC 787Dismissed

Mis. Alagendran Finance Ltd. filed income‑tax returns for assessment years 1994‑95, 1995‑96 and 1996‑97, claiming a deduction under the Lease Equalisation Fund (LEF). The assessment orders accepted the LEF claim. In 2004 the Assessing Officer initiated reassessment proceedings for three unrelated …

MUNICIPAL CORPORATION OF DELHIversusQIMAT RAI GUPTA & ORS.

2007 INSC 788Appeal(s) allowed

The Municipal Corporation of Delhi issued a notice under s.126 of the Delhi Municipal Corporation Act, 1957 to revise the rateable value of a property effective 1‑April‑1996. The assessing officer signed the assessment order on 31‑March‑2000, which was communicated to the owners on 17‑April‑2000. …

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

2007 INSC 771Appeal(s) allowed

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

RAMCHANDRA SAKHARAM MAHAJANversusDAMODAR TRIMBAK TANKSALE (D) AND ORS.

2007 INSC 732Disposed off

Ramchandra Sakharm Mahajan filed a suit for declaration of joint title with defendants 10‑13 and for recovery of possession of a portion of land against defendants 1‑9, relying on a lease deed dated 21‑July‑1875. The trial court dismissed the suit, refusing to allow a belated amendment of the plaint …

ANIL PRAKASH SHUKLA AND ORS .versusARVIND SHUKLA AND ANR.

2007 INSC 675Dismissed

The case involved a murder under Section 302 IPC where the prosecution relied on the dying declaration of the deceased, Atul Prakash Shukla, and the testimony of the sole eyewitness, Anil Prakash Shukla. The deceased gave his statement to the investigating officer twenty days after the incident, …

AASHIRWAD FILMSversusUNION OF INDIA & ORS.

2007 INSC 635Case Allowed

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

SURJIT SINGH AND ANRversusSTATE OF PUNJAB

2007 INSC 636Appeal(s) allowed

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

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

2007 INSC 637Appeal(s) allowed

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

THE KERALA STATE ELECTRICITY BOARDversusLIVISHA ETC. ETC.

2007 INSC 638Appeal(s) allowed

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

BAJRANG FACTORY LTD. AND ANRversusUNIVERSITY OF CALCUTTA AND ORS

2007 INSC 639Dismissed

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

BUDH SINGHversusSTATE OF M.P.

2007 INSC 640Disposed off

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

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

2007 INSC 642Disposed off

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

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

2007 INSC 643Disposed off

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

SHEEL KR ROYversusSECRETARY M/O DEFENCE AND ORS.

2007 INSC 645Appeal(s) allowed

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

NAGAR MAHAPALIKA KANPURversusSMT. VIBHA SHUKLA AND ORS.

2007 INSC 646Appeal(s) allowed

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

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

2007 INSC 647Appeal(s) allowed

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

UCO BANK AND ANR.versusRAJINDER LAL CAPOOR

2007 INSC 648Dismissed

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

SRI T. ASHOK PAIversusCOMMISSIONER OF INCOME TAX, BANGALORE

2007 INSC 649Appeal(s) allowed

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

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

2007 INSC 650Dismissed

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

RAMESH CHANDRA SHARMAversusPUNJAB NATIONAL BANK AND ANR.

2007 INSC 651Disposed off

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

VIJAYKUMAR BALDEV MISHRA @SHARMAversusST ATE OF MAHARASHTRA

2007 INSC 652Disposed off

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

SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRAversusSTATE OF KARNATAKA

2007 INSC 653Matter referred to larger bench

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

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

2007 INSC 654Dismissed

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

M/S. AMBICA INDUSTRIESversusCOMMISSIONER OF CENTRAL EXCISE

2007 INSC 655Dismissed

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

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

2007 INSC 656Disposed off

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

GANNMANI ANASUYA AND ORS.versusPARVATINI AMARENDRA CHOWDHARY AND ORS.

2007 INSC 617Case Partly allowed

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

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

2007 INSC 618Dismissed

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

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

2007 INSC 619Case Partly allowed

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

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

2007 INSC 620Dismissed

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

AFZALKHAN @ BABU MURTUZAHAN PATHANversusSTATE OF GUJARAT

2007 INSC 624Dismissed

The appellants, accused under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for allegedly undergoing terrorist training in Pakistan, providing monetary assistance and possessing a large quantity of arms, appealed to the Supreme Court against the denial of bail. They contended that …

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

2007 INSC 625Dismissed

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

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

2007 INSC 626Dismissed

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

ANANDA MOHAN SEN AND ANR.versusSTATE OF WEST BENGAL

2007 INSC 603Dismissed

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 …

APOLINE D' SOUZAversusJOHN D SOUZA

2007 INSC 604Disposed 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 …

SMT. YALLWWA AND ORS.versusNATIONAL INSURANCE CO. LTD. AND ANR.

2007 INSC 605Dismissed

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. …

SUNIL BALKRISHNA BHOIRversusTHE STATE OF MAHARASHTRA

2007 INSC 579Appeal(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 …

UDAI SINGH DAGAR AND ORS.versusUNION OF INDIA AND ORS.

2007 INSC 583Dismissed

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 …

S.B. BHATTACHARJEEversusS.D. MAJUMDAR AND ORS.

2007 INSC 584Dismissed

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 …

ORIENTAL INSURANCE CO. LTD.versusPREMLATA SHUKLA AND ORS.

2007 INSC 586Appeal(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 …

COAL INDIA LID. AND ORS.versusDOMCO SMOKELESS FUELS (P) LID.

2007 INSC 587Appeal(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 …

ORIENTAL INSURANCE CO.LID.versusBRIJ MOHAN AND ORS.

2007 INSC 589Disposed 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 …

BENGA BEHERA AND ANR.versusBRAJA KISHORE NANDA AND ORS.

2007 INSC 590Appeal(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 …

MANAGEMENT, PANDIYAN ROADWAYS CORP. LID.versusN. BALAKRISHNAN

2007 INSC 591Dismissed

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 …

R.V. DEV @ R. VASUDEVAN NAIRversusCHIEF SECRETARY, GOVT. OF KERALA AND ORS.

2007 INSC 592Dismissed

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 …

M/S. NOORIE MANURE MILL, SAMBHALversusCOMMISSIONER, TRADE TAX, U.P.

2007 INSC 593Disposed 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 …

COMMISSIONER OF MUNICIPAL CORPORATION, SHIMLAversusPREM LATA SOOD AND ORS.

2007 INSC 594Disposed 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 …

S. SETHURAMANversusR. VENKATARAMAN AND ORS.

2007 INSC 595Appeal(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 …

ASIT BHATTACHARJEEversusM/S. HANUMAN PRASAD OJHA AND ORS.

2007 INSC 596

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 …

BHAGWAN DASversusKARTAR SINGH AND ORS.

2007 INSC 565Dismissed

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 …

NOOR@ NOORDHINversusSTATE OF KARNATAKA

2007 INSC 558Disposed off

The appellant, Nooruddin, was charged along with six others for offences including assault, grievous hurt and the death of Udaya Kumar. The trial court convicted him under Sections 143, 148, 341, 326, 302 read with Section 149 IPC, while acquitting the co‑accused on the ground that they were not …

MANIBEN W/O. DANABHAI TULSHIBAI MAHERIAversusSTTE OF GUJARAT

2007 INSC 559Dismissed

The deceased, Maniben, was allegedly burnt by her mother‑in‑law and brother‑in‑law after a domestic dispute. She gave a dying declaration to the police and later to a magistrate, identifying both accused as responsible. Both were convicted on the basis of that declaration, which the High Court …

V. SHANKARANARAYANA RAO (D) BY LRS. & ORS.versusLEELAVATHY (DEAD) BY LRS. & ORS.

2007 INSC 560Appeal(s) allowed

The case involved a partition suit filed by the daughter, Leelavathi, of the deceased G. Venkata Rao, seeking a one‑fourth share in his properties. The three sons contested, asserting that the properties were their personal assets and that the transactions were not benami. The trial court dismissed …

SOMA CHAKRAVARTYversusSTATE THROUGH CBI

2007 INSC 551Dismissed

The appellant, Soma Chakravarty, a Deputy Manager in the publicity division of ITPO, was charged by a Special Judge under IPC sections 420 r/w 120-B, 429, 468, 471 and the Prevention of Corruption Act for allegedly signing bogus advertisement bills that led to a loss of Rs.30,30,057 to the …

KENDRIYA VIDYALAYA SANGATHAN & ORS.versusL.V. SUBRAMANYESWARA & ANR.

2007 INSC 552Appeal(s) allowed

The Kendriya Vidyalaya Sangathan (KVS) appointed certain teachers on an ad‑hoc basis to fill leave vacancies, stipulating that such appointments did not confer any right to regularisation. The teachers continued in service after the High Court’s interim orders and sought regularisation, invoking the …

JOSEPH AND ANR.versusSTATE OF KERALA AND ANR.

2007 INSC 553Appeal(s) allowed

The appellants purchased 14 acres of private forest land in Kerala before the appointed day of 10 May 1971 and sought exemption from vesting under the Kerala Private Forest (Vesting and Assignment) Act, 1971, invoking Section 3(3). The Forest Tribunal granted the exemption, but the State later …

ANILversusSTATE OF HARYANA

2007 INSC 554Dismissed

The appellant was convicted of murder under Section 302 of the Indian Penal Code and for a firearms offence under Section 27 of the Arms Act after he shot the deceased, Dinesh, who was unarmed and opening his door during a family wedding. The prosecution proved that the appellant alone was armed, …

COMMNR OF CENTRAL EXCISE, BHAVNAGARversusM/S. SAURASHTRA CHEMICALS LTD.

2007 INSC 555Appeal(s) allowed

Saurashtra Chemicals Ltd imported two generator sets, one of which was received on 24 Oct 1998 but not installed until after 1 Apr 2000. At the time of receipt Rule 57Q(3) of the Central Excise Rules applied, allowing up to 75% credit, but the Rules were amended on 1 Apr 2000 by Rule 57AC which …

VIKRAM AND ORS.versusSTATE OF MAHARASHTRA

2007 INSC 536Dismissed

On 22 January 1997, eight accused persons assaulted Dnyandeo (who later died) and Bapu (who was injured) in the village of Pangulgavhan, using hard blunt objects and dragging them to a river. The FIR was lodged the next morning due to a delay caused by priority given to medical treatment. The …

SANTOSH @ SANTUKRAOversusSTATE OF MAHARASHTRA

2007 INSC 537Dismissed

Santosh was convicted for murdering Janardhan Dalvi and attempting to murder PW1 (Sandhu) by stabbing with a sharp-edged weapon. The trial court sentenced him to life imprisonment under IPC sections 302 and 307, a decision affirmed by the High Court. On appeal, the accused challenged the credibility …

U.P.S.R.T.CversusRAM KISHAN ARORA

2007 INSC 538Appeal(s) allowed

The respondent, a conductor with the Uttar Pradesh State Road Transport Corporation, obstructed a police inspection of his bus and misbehaved with officials, constituting a criminal breach of trust. A departmental inquiry proved the misconduct and the corporation dismissed him; the departmental …

LAXMIKANT CHHOTELAL GUPTA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 539Appeal(s) allowed

The partners of Somras Distillers (respondents 5‑7) were in arrears of sales‑tax and their properties were attached. A writ petition sought that the tax dues be recovered from the other partners (appellants) and not from them. The High Court ordered the properties to be auctioned; the auction was …

M/S MASTER CABLES PVT. LTD.versusSTATE OF KERALA

2007 INSC 540Dismissed

Master Cables Pvt. Ltd., a manufacturer registered under the Kerala General Sales Tax Act, 1963, sought relief under the Kar Vivad Samadhan Scheme, 1998, after a tax inspection uncovered unaccounted sales. The company claimed that Section 90(3) of the Scheme barred the State from reopening its …

TARA CHANDversusSAGARBAI @ CHAIYALIBAI

2007 INSC 541Dismissed

The appellant, a tenant, executed a registered usufructuary mortgage deed with the respondent, the landlord, allowing the appellant to occupy the ground floor in lieu of interest for ten years. After the ten‑year period the respondent filed a suit for redemption and possession, which the trial court …

MAHADEO BHAU KHILARE (MANE) AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 542Dismissed

The petitioners, Mahadeo Bhu Khilare and others, were engaged as unpaid assistants by a Talathi (revenue officer) in Maharashtra without any statutory authority or sanctioned post. After the State directed a ban on such engagements, they sought regularisation under a scheme framed by the Maharashtra …

SOHAN SINGH SODHIversusPUNJAB STATE ELECTRICITY BOARD, PATIALA

2007 INSC 543Dismissed

Sohan Singh Sodhi, a lineman appointed in 1964 and later promoted to Junior Engineer without holding an engineering diploma, challenged the Punjab State Electricity Board's policy of granting higher pay scales and promotions to diploma‑holding linemen. He argued that the Board's refusal to extend …

SHREE SURAT VALSAD JILLA K.M.G. PARISHADversusUNION OF INDIA AND ORS.

2007 INSC 544Dismissed

The Supreme Court examined the validity of the Constitution (Scheduled Caste) Order 2nd Amendment, 2002 which excluded the Mochi sub‑caste outside the Dang District and Umargaon Taluka of Valsad District, Gujarat, from Schedule I. The Court held that the President’s power under Article 341 to …

ADIVEKKA AND ORS.versusHANAMAVVA KOM VENKATESH D BY LRS. AND ANR.

2007 INSC 545Appeal(s) allowed

Hanumanthappa, suffering from cancer, executed a Will two weeks before his death bequeathing his sole agricultural land to his niece (Respondent No.1). The wife and children (appellants) were unaware of the Will, claimed it was fabricated, and sought a declaration that the land was joint family …

STATE OF JHARKHAND AND ORS.versusVOLTAS LTD., EAST SINGHBHUM

2007 INSC 546Dismissed

The State of Jharkhand challenged the sales‑tax assessment of Voltas Ltd., which was engaged in works contracts for air‑conditioning plants. The issue was whether, under the Bihar Sales Tax Act, only the value of goods sold in a works contract is taxable or whether other charges such as labour, …

THIMMAPPA RAIversusRAMANNA RAI AND ORS.

2007 INSC 547Case Partly allowed

The appellant, Thimmappa Raj, son of the late Narayana Rai, sought to enforce a lease granted to him under the Madras Cultivating Tenants Protection Act, 1955 and claimed exclusive ownership of the Schedule B lease‑hold property, while the respondents (Ramanna Raj and others) filed a suit for …

STATE OF U.P. AND ANR.versusDINKAR SINHA

2007 INSC 549Case Allowed

The respondent, Dinkar Sinha, was commissioned as an Indian Army officer in March 1979, discharged in 1988, and later joined the Uttar Pradesh Police Service under vacancies reserved for ex‑army personnel. He sought additional seniority under the Uttar Pradesh Non‑Technical (Class‑II/Group B) …

RAJA LAL SINGHversusTHE STATE OF JHARKHAND

2007 INSC 528Disposed off

The Supreme Court examined two criminal appeals arising from the death of Gayatri Devi, who was found hanged in her marital home. The husband, Raja Lal Singh, was convicted under Sections 304‑B and 34 IPC for dowry harassment leading to her death, while the brother‑in‑law Pradip Singh and …

SUJOY SEN @ SUJOY KR. SENversusTHE STATE OF WEST BENGAL

2007 INSC 529Appeal(s) allowed

The appellant Sujoy Sen was convicted under Section 302 IPC for the murder of Anindita Sengupta, the daughter of the complainant. The FIR stated that the accused entered the complainant's house while the latter was absent, and the complainant later altered his testimony to claim the accused was …

STATE OF TRIPURAversusRAM BIR SINGH AND ORS.

2007 INSC 530Appeal(s) allowed

The State of Tripura appealed a High Court order that had acquitted several CRPF personnel convicted for indiscriminate firing that killed a police officer. The Supreme Court observed that the High Court had passed the operative part of its judgment before recording reasons, resulting in an …

N. DEVINDRAPPAversusSTATE OF KARNATAKA

2007 INSC 524Dismissed

The appellant, a retired headmaster, induced a complainant to pay Rs.2,000 as advance for a plot of land that he did not own, issuing bogus receipts and promising allotment within months. The trial court convicted him under Section 420 of the Indian Penal Code for cheating, and the Karnataka High …

STATE OF MAHARASHTRAversusSIRAZ AHMED NISAR AHMED AND ORS.

2007 INSC 525Disposed off

The State of Maharashtra alleged that a gang led by Chota Shakeel conspired to murder politician Ramdas Nayak, arranging vehicles, firearms and ammunition. The Designated Court acquitted all accused of the murder and related offences, convicting only three of them under the Arms Act for possession …

POST MASTER GENERAL, KOLKA TA AND ORS.versusTUTU DAS (DUTTA)

2007 INSC 509Appeal(s) allowed

The respondent, a daily‑wage substitute to a regular EDA, claimed she had completed 240 days of service before 7 May 1985 and sought regularisation under a 13 Nov 1987 circular that allowed such substitutes to be appointed as EDAs in vacant posts. The Central Administrative Tribunal directed that if …

RAJASTHAN PUBLIC SERVICE COMMISSIONversusKAILA KUMAR PALIWAL AND ANR.

2007 INSC 511Appeal(s) allowed

The respondents, initially appointed as Laboratory Assistants and later serving as Teacher Grade‑III, applied for promotion to the post of Headmaster of secondary schools under a Rajasthan Public Service Commission advertisement. The Commission rejected their applications, holding that their …

M/S. LARSEN AND TUBRO LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, PUNE-II

2007 INSC 512Appeal(s) allowed

Larsen & Tubro Ltd entered into a bridge‑construction contract for the Konkan Railway and manufactured pre‑stressed concrete (PSC) girders without registering under the Central Excise Act. A first show‑cause notice (SCN) issued under Section 11IA demanding excise duty for March 1993‑December 1994 …

KAILASH PRASAD YADAV AND ANR.versusSTATE OF JHARKHAND AND ANR.

2007 INSC 513Appeal(s) allowed

The appellants owned a truck hired to transport wheat belonging to the Food Corporation of India. The Deputy Commissioner, invoking the Essential Commodities Act, 1955, ordered the truck's confiscation, a decision upheld by the Sessions Judge and the Jharkhand High Court. The appellants contended …

RAJENDRA PRABHU CHIKANE AND ANR ETCversusSTATE OF MAHARASHTRA ETC.

2007 INSC 506Dismissed

The deceased Sukhdeo Chikane was attacked and fatally injured with a iron instrument called a "sattur" by three accused brothers amid a long‑standing boundary dispute. The FIR named all three assailants and eyewitnesses (Vikram and Avinash Chikane) identified them as the perpetrators. Medical …

RAJPAL AND ANRversusSTATE OF HARYANA

2007 INSC 476Appeal(s) allowed

On 5 August 1990 the deceased Sohan Lal was allegedly attacked by brothers Raj Pal and Jai Pal, who were said to have struck him with a pharsi and a lathi, leading to his death. The trial court convicted them under Section 302 read with Section 34 of the IPC and sentenced them to life imprisonment, …

RAVI@ RAVICHANDRANversusSTATE REP. BY INSPECTOR OF POLICE

2007 INSC 477Case Allowed

The appellant Ravi and co-accused U were charged with murder under Sections 302, 307 and 120B IPC. The FIR was lodged against unknown persons and did not contain any identification marks. Police photographed the accused at the police station and the photographs were published in a local daily, …

V.K.PURIversusCENTRAL BUREAU OF INVESTIGATION

2007 INSC 480Dismissed

V.K. Puri, a customs officer, was charged under the Prevention of Corruption Act, 1988 (s.13(2) read with s.13(1)(e)) for possessing assets disproportionate to his known sources of income during the 1988‑2002 check period. He owned bank accounts and immovable property in Delhi, the rental income …

RAMKRUSHNAversusSTATE OF MAHARASHTRA

2007 INSC 481Dismissed

The appellant, Ramkrushna, was convicted for the murder of his brother‑in‑law Baliram during a property dispute. The prosecution proved that the accused entered the house armed with a knife and a stick, assaulted the deceased, and that the victim sustained multiple injuries leading to death. Key …

LABHAversusSTATE OF UTTRANCHAL

2007 INSC 482Dismissed

The appellant, armed with a knife, inflicted three blows on the victim who had been restrained by two co‑accused after a dispute over a Rs 5 loan. The victim died from injuries to the chest and back. The trial court convicted the appellant under Section 302 of the Indian Penal Code for murder and …

RAMAPPA HALAPA PUJAR AND ORS.versusSTATE OF KARNATAKA

2007 INSC 483Dismissed

The case arose from a land dispute in which the deceased Ratnavva and her sons were attacked by several accused who tied the deceased to an electric pole, stripped her, and repeatedly assaulted her until she died. The trial court acquitted all accused, relying mainly on the testimony of the first …

JODHRAJ SINGHversusSTATE OF RAJASTHAN

2007 INSC 484Dismissed

The appellant Jodharaj Singh was convicted under Section 302 IPC read with Section 34 for the murder of Vishava Priya, based on an FIR that named him and detailed each accused's role. Although several prosecution witnesses turned hostile during the trials, the trial court and High Court relied …

STATE OF HIMACHAL PRADESHversusUTTAM KUMAR AND ORS.

2007 INSC 485Appeal(s) allowed

The State of Himachal Pradesh prosecuted Uttam Kumar and others for the murder of Ramesh Kumar. The prosecution relied on circumstantial evidence, last‑seen testimony, and several disclosure statements made by the accused that led to the recovery of the victim’s body and related items. The trial …

AMBARAMversusSTATE OF M.P.

2007 INSC 486Dismissed

The appellant, Ambaram, along with several others, was drinking near the house of Savitribai and, after being asked to desist, assaulted her and her brother Prem Singh. Prem Singh intervened, was struck on the head with the blunt side of Ambaram's axe, and later died from injuries that also included …

M/S. HAMDARD (WAKF) LABORATORIESversusDEPUTY LABOUR COMMR. AND ORS.

2007 INSC 487Appeal(s) allowed

The employer, Mis. Hamdard (Wakf) Laboratories, terminated 37 workmen alleging an illegal strike, leading to an industrial dispute and an award reinstating 17 workers with 50% back‑wages. The workmen later filed applications under Section 6‑H(l) of the U.P. Industrial Disputes Act seeking bonus, …

S.T. KRISHNAPPAversusSHIVAKUMAR AND ORS.

2007 INSC 488Dismissed

The case concerned whether a son adopted by his father's brother under a deed that did not specify the dvyamushyayana form could be presumed to be such, thereby preserving his status as a coparcener in his natural father's joint family property. The appellant argued that Section 483(3) of Mulla's …

UNION OF INDIA AND ORS.versusSANGRAM KESHARINAYAK

2007 INSC 489Dismissed

Sang Ram Keshari Nayak, a railway officer, was recommended for promotion by the Departmental Promotion Committee (DPC) but the DPC invoked a sealed‑cover procedure under a 1993 government circular because a vigilance case was pending. The chargesheet, however, was issued only after the DPC meeting …

ARUNIMA BARUAHversusUNION OF INDIA AND ORS.

2007 INSC 490Dismissed

The appellant, a confirmed employee of the Indian Council for Child Welfare, challenged her termination by filing a suit in the District Court and seeking an interim injunction. She subsequently filed a writ petition under Article 226 of the Constitution without disclosing the pending suit, later …

L. USHADEVIversusUNION OF INDIA & ORS.

2007 INSC 491Dismissed

L. Ushadevi, a resident of Kerala originally from Tamil Nadu, was appointed as Quality Supervisor in the Marine Products Export Development Authority on the basis of a community certificate issued by Tamil Nadu authorities stating she belonged to the Konda Reddi Scheduled Tribe. The employer later …

BINAPANI PAULversusPRATIMA GHOSH AND ORS.

2007 INSC 494Appeal(s) allowed

Dr. Ashutosh Ghosh purchased a house in 1935 in the name of his wife Suprovabala Ghosh by executing a power of attorney, which was later mutated in her name. After her death, the daughters, including Binapani Paul, obtained mutation of the property in their names and filed a suit for partition …

P. CHANDRASEKHARAN AND ORS.versusS. KANAKARAJAN AND ORS.

2007 INSC 495Dismissed

P. Chandrasekharan and others appealed to the Supreme Court against a Madras High Court order that allowed the cross‑objections of the respondents in a suit for possession of two parcels of land. The appellants argued that the High Court had erred by ignoring documentary evidence and misinterpreting …

LG. (KARMIK) AND ORS.versusPRAHALAD MANI TRIPTHI

2007 INSC 496Appeal(s) allowed

The son of a constable who died in harness applied for a compassionate appointment as a constable but was found ineligible on physical standards and was appointed as a peon, which he accepted without objection. He later sought to be absorbed in a higher Class III post, and the Uttar Pradesh Service …

BIKASH BHUSHAN GHOSE AND ORS.versusM/S. NOVARATIS INDIA LIMITED AND ORS.

2007 INSC 497

The appellants, workmen of Novartis India Ltd., were transferred from Calcutta to other locations and challenged the transfer orders as illegal and motivated by trade‑union activities. While a conciliation proceeding was pending, the employer terminated their services for not obeying the transfers. …

BHARAT PETROLEUM CORPN. LTD.versusMADDULA RATNA VALLI AND ORS.

2007 INSC 498Dismissed

Bharat Petroleum Corporation Ltd., a government company, claimed a statutory right to renew a lease originally granted to Burmah Shell under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976. The lease, with a nominal rent of Rs 50 per month, had expired in 1985 and the company …

PUNJAB WATER SUPPLY SEWERAGE BOARD AND ANR.versusRAM SAJIVAN AND ANR.

2007 INSC 471Appeal(s) allowed

The Punjab Water Supply Sewerage Board terminated two work‑charge employees after they assaulted a senior officer following a disputed transfer. The employees were convicted in a criminal case, but the Labour Court set aside the termination and ordered reinstatement without back wages. The Board …

STATE OF ORISSA AND ORS.versusPRASANA KUMAR SAHOO

2007 INSC 472Appeal(s) allowed

The respondent, a temporary employee of the Census Organisation, claimed regularisation after being retrenched, relying on State circulars that relaxed the upper age limit for such employees. The State of Orissa issued circulars in 1995 and 1999 but did not lay down a policy for regularisation. The …

SHEIKH RAFIversusSTATE OF ANDHRA PRADESH AND ANR.

2007 INSC 451Dismissed

The appellant, Sheikh Rafi, was convicted of murder for chasing and stabbing his brother with a knife, inflicting 19 injuries that included vital organs. He appealed, arguing that the facts only warranted a conviction under Part II of Section 304 IPC, not Section 302. The Supreme Court examined the …

M/S. CO-OPERATIVE COMPANY LTD.versusCOMMISSIONER OF TRADE TAX, U.P.

2007 INSC 452Case Allowed

The appellant, Mis. Co‑operative Company Ltd., a manufacturer and seller of country liquor and IMFL, was assessed sales tax on amounts it levied as "bottling charges" for glass bottles used to pack country liquor. The Assessing Officer treated these charges as the price of bottles and included them …

P.T. MUNICHIKKANNA REDDY AND ORS.versusREVAMMA AND ORS.

2007 INSC 453Dismissed

The appellants purchased a 5‑acre plot by two registered sale deeds after the respondents had earlier bought a portion of the same land. They filed a suit for possession claiming title by adverse possession, asserting that they had been in open, continuous and hostile possession for over fifty …

BABULAL JAINversusSTA TE OF M.P. AND ORS.

2007 INSC 454Case Partly allowed

BabulaL Jain, an Accountant in the Madhya Pradesh Collectorate, was deputed to the post of Election Supervisor. An Office Memorandum dated 9 February 1999 stipulated that such transfers were to be treated as postings, with pay fixed at the lower post and not under Fundamental Rule 22(D) or 22(A) of …

MOHIT BHARGAVAversusBHARAT BHUSHAN BHARGAVA AND ORS.

2007 INSC 445Dismissed

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

HATTI SINGHversusSTATE OF HARYANA

2007 INSC 428Appeal(s) allowed

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

COAL INDIA LTD. AND ORS.versusSAROJ KUMAR MISHRA

2007 INSC 429Dismissed

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

RAITANLALversusSTATE OF JAMMU AND KASHMIR

2007 INSC 394Appeal(s) allowed

The appellant Rattanlal was charged with murder of Santosh Kumar along with two co‑accused. The trial court acquitted them, citing serious inconsistencies in witness statements, medical evidence, the recovery of weapons and the non‑examination of the investigating officer, which created reasonable …

NARESH KUMAR MADANversusSTATE OF MADHYA PRADESH

2007 INSC 395Dismissed

Naresh Kumar Madan, a civil engineer employed by the Madhya Pradesh Electricity Board, was caught accepting a bribe of Rs.1,000 for granting an electrical connection and was charged under the Prevention of Corruption Act, 1988. He contended that he was not a "public servant" within the meaning of …

MAGANversusSTATE OF MADHYA PRADESH

2007 INSC 396Dismissed

On 27 November 1990, the appellant Magan and four others attacked Indar Singh in Theka Kund village, with Magan shooting an arrow that pierced Indar's chest, leading to his death; Indar's brother Hari Singh was also injured. The trial court convicted all five accused under Sections 148, 302/149 and …

EVEREST ADVERTISING PVT. LTD.versusSTATE, GOVT. OF NCT OF DELHI AND ORS.

2007 INSC 397Appeal(s) allowed

Everest Advertising Pvt. Ltd. filed a complaint under the Negotiable Instruments Act against Dalmia Industries Ltd. and its Chairman and Managing Director for dishonour of post‑dated cheques. A Metropolitan Magistrate issued summons against the respondents under CrPC s.204, but later recalled the …

V. B.PRASADversusMANAGER, P.M.D.U.P. SCHOOL AND ORS

2007 INSC 399Dismissed

The case concerned a primary school, a minority institution, where the post of Headmaster became vacant in 1994. Two teachers, Respondent No.2 and Respondent No.6, were the only contenders; Respondent No.2 was appointed, a decision later set aside by the Kerala High Court in favour of Respondent …

KRISHI UTPADAN MANDI SAMITY, MANGALOREversusPAHAL SINGH

2007 INSC 400Appeal(s) allowed

The respondent, a temporary employee, was terminated in 1974 and raised an industrial dispute only in 1992, 18 years later. The Labour Court awarded reinstatement with full back wages, finding the termination illegal, but the High Court modified the award to 50% back wages without providing reasons. …

HARYANA URBAN DEVELOPMENT AUTHORITYversusOM PAL

2007 INSC 401Case Partly allowed

Om Pal was engaged as a daily‑wage worker by the Haryana Urban Development Authority, first in Sub‑division No.2 for 145 days (Oct 1994‑Feb 1995) and then in Sub‑division No.3 for 90 days (Mar‑Jul 1995). After his services were terminated he raised an industrial dispute. The Industrial …

DILIP S. DAHANUKARversusKOTAK MAHINDRA CO. LTD. AND ANR.

2007 INSC 404Case Partly allowed

The appellants, Dilip S. Dahanukar and Goodvalue Marketing Co. Ltd., were convicted under Section 138 read with Section 141 of the Negotiable Instruments Act and were ordered to pay a fine of Rs.25,000 and a compensation of Rs.15,00,000 under Section 357(3) of the CrPC. The trial court also directed …

MOHD. SHAFIversusMOHD. RAFIQ & ANR.

2007 INSC 390Appeal(s) allowed

An FIR was lodged against the appellant for offences under Sections 307, 324 and later 302 IPC. The police filed a charge‑sheet only against another accused, while a witness (respondent No.1) testified that the appellant was present and participated in the incident. The appellant sought to be …

RAGHU LAKSHMINARAYANANversusM/S. FINE TUBES

2007 INSC 379Appeal(s) allowed

The complainant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by a business concern named Fine Tubes was dishonoured. The complaint named several persons, including the appellant who was described as "in charge, …

MAHENDRA SINGHversusSTATE OF M. P.

2007 INSC 380Dismissed

Mahendra Singh and his co‑accused Harbhajan Singh were convicted for the murder of Avtar Singh, the son of complainant Kanto Bai, after a dispute over a borrowed bull. The mother, Kanto Bai, was the sole eye‑witness and her testimony was corroborated by the post‑mortem report. The appellant …

BHAGUBHAI DHANABHAI KHALASI AND ANR.versusTHE STATE OF GUJARAT AND ORS.

2007 INSC 381Case Partly allowed

Bhagubhai Dhanabhai Khalasi was detained under the COFEPOSA Act and his properties were forfeited under SAFEMA. After the forfeiture order was cancelled, the immovable property was not returned, and respondent No.4 claimed a sale deed in his favour. The Gujarat High Court dismissed Khalasi's writ …

MADHYA PRADESH ADMINISTRATIONversusTRIBHUBAN

2007 INSC 382Case Partly allowed

The Madhya Pradesh Administration terminated the services of Tribhuban, who had been employed on a temporary basis with intermittent breaks, prompting an industrial dispute that was adjudicated by an Industrial Tribunal. The Tribunal awarded retrenchment compensation, notice pay and interest, …

M. VENKATARAMANA HEBBAR (D) BY L.RS.versusM. RAJAGOPAL HEBBAR AND ORS

2007 INSC 384Dismissed

The parties were co‑owners of a joint family property and entered into a family settlement on 30‑03‑1973 whereby certain co‑owners were to pay Rs 15,000 each to another co‑owner in instalments, after which they would relinquish their rights. The appellant failed to make the payment and the …

SECRETARY,AKOLA TALUKA EDUCATION SOCIETY AND ANR.versusSHIVAJI AND ORS.

2007 INSC 385Case Partly allowed

The appellant, Secretary of Akola Taluka Education Society, runs a vocational training institute that saw a sharp decline in student enrolment. It terminated the services of several teachers without giving the three‑month notice required under Rule 26 of the Maharashtra Employees of Private Schools …

COMMISSIONER OF INCOME TAX AND ANR.versusM/S DISTILLERS CO. LTD.

2007 INSC 386Dismissed

The respondent, Mis Distillers Co. Ltd., a licensed arrack bottler under the Karnataka Excise Act, paid additional amounts to the Excise Department for bottling unmatured arrack and for non‑affixation of labels after failing to comply with a circular prescribing a 15‑day maturation period. It …

INSPECTOR PREM CHANDversusGOVT. OF N.C.T. OF DELHI AND OTHERS

2007 INSC 387Appeal(s) allowed

Inspector Prem Chand, a raid officer in the Delhi Police, was charged with misconduct, negligence and dereliction of duty for not seizing bribe money that had been tainted with phenolphthalein during a raid on Inspector Preet Pal Bansal. The accused inspector was acquitted in criminal court and the …

LAXMAN ANJALI DHUNDALE AND ANR.versusSTATE OF MAHARASHTRA

2007 INSC 371Appeal(s) allowed

The deceased, Kalpana, was married to Rajendra Dhundale, who demanded money and ornaments from her for house construction. After a dispute over the payment, Kalpana died, allegedly after falling into a well. Post‑mortem evidence indicated homicide, not suicide. Rajendra and his parents were …

RAM CHRITTAR AND ANR. ETC.versusSTATE OF UTTAR PRADESH ETC.

2007 INSC 372Dismissed

Four persons were accused of murdering Sushila, a widow, and her two daughters by throwing acid on them in Gaayghat village, Basti district, on the night of 28-29 March 1980. The trial court acquitted all four, but the Allahabad High Court convicted Ram Charittar and Kishori Lal under Sections 302 …

M/S. M.S. SHOES EAST LTD.versusTHE COMMISSIONER OF CUSTOMS, ICD, NEW DELHI

2007 INSC 374Dismissed

M.S. Shoes East Ltd imported a 1993 Rolls Royce car in 1996 and filed a Bill of Entry on 31 August 1996, but customs clearance was only granted in March 2005. The dispute centered on whether the assessable value for customs duty should reflect the car's price at the time of import or be reduced to …

BESANT THEOSOPHICAL COLLEGEversusN. ANANTHAIAH AND ORS

2007 INSC 376Dismissed

The appellant, Besant Theosophical College, a private aided institution, sought to fill a vacant Librarian post. The qualifications for the post were originally prescribed by G.O. Ms No.12 (1992) and later superseded by G.O. Ms No.208 (1999). The State Government issued a circular on 31 August 2000 …

RANJIT SINGHversusSTATE OF M. P.

2007 INSC 368Dismissed

The appellant Ranjit Singh was convicted under Section 302 IPC for the murder of Bhanwar Lal and Ram Lal, based on an FIR lodged shortly after the incident and the testimony of three family members who witnessed the killings. The prosecution established specific overt acts, identified the accused, …

UNION OF INDIAversusK. INDRASENA REDDY AND ANR.

2007 INSC 362Appeal(s) allowed

The Union of India appealed against a Division Bench of the Andhra Pradesh High Court that had set aside the rejection of a pension claim under the Swatantrata Sainik Samman Pension Scheme, 1980. The scheme provides pension to freedom fighters who remained underground for more than six months and …

SHANKAR DIWAL WADUversusSTATE OF MAHARASHTRA

2007 INSC 324Disposed off

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

DNYANESHWARversusSTATE OF MAHARASHTRA

2007 INSC 323Dismissed

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

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

2007 INSC 309Appeal(s) allowed

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

P.K. ARJUNANversusSTATE OF KERALA

2007 INSC 290Dismissed

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" …

CHANDIGARH HOUSING BOARDversusDEVINDER SINGH AND ANR.

2007 INSC 291Dismissed

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 …

MOHAN AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 282Appeal(s) allowed

The appellants, land owners, challenged an award dated 4 February 2003 made under the Land Acquisition Act, 1894, arguing that it was issued beyond the two‑year period prescribed by Section 11‑A, which requires an award to be made within two years of the last publication of the declaration under …

ASH OK KUMAR KAPUR AND ORSversusASHOK KHANNA AND ORS

2007 INSC 284Matter referred to larger bench

The case concerned a pension fund set up as a trust by Mis Dunlop India Ltd. After the beneficiaries had been paid, the trustees applied to the Calcutta High Court under Section 34 of the Indian Trusts Act seeking a direction on the surplus fund. The High Court refused to entertain the application, …

BANDUversusSTATE OF MAHARASHTRA

2007 INSC 271Dismissed

The appellant Bandu was married to Shanta, who gave birth to a daughter Nita. After marital discord, Bandu alleged Nita was not his child and prevented Shanta from feeding her. On 1 January 1991, Bandu strangled Nita, as testified by Shanta, who was an eye‑witness, and the post‑mortem report showed …

THE DIRECTOR GENERAL, I.C.M.R.versusDR. D.K. JAIN AND ANR.

2007 INSC 277Dismissed

Dr. D.K. Jain (Respondent No.1) was appointed as a Statistical Officer on 14 May 1971 and his services were terminated on 10 April 1974. He challenged the termination and, during the pendency of the writ petition, joined another organization on 25 January 1975. The ICMR (appellant) later offered him …

SANJAYversusSTATE OF MAHARASHTRA

2007 INSC 252Appeal(s) allowed

The appellant, a husband, was convicted under IPC Sections 498-A read with 34 and 306 read with 34 for allegedly abetting his wife's suicide by self‑immolation. The sole evidence against him comprised three dying declarations of the deceased: the first indicated an accidental fire that the husband …

P. SURESH KUMARversusR. SHANKER

2007 INSC 253Disposed off

The appellant and respondent were partners in a firm with a joint bank account. The respondent allegedly withdrew Rs.12 lakh and later gave the appellant a post‑dated cheque of Rs.7 lakh as security under a police‑station compromise; the cheque was dishonoured and a complaint under Section 138 of …

SWAMI PRASADversusSTATE OF MADHYA PRADESH

2007 INSC 254Dismissed

Swami Prasad was charged with murdering his step‑brother Rameshwar during a property dispute. He went to the police station with the axe used in the killing and blood‑stained clothes, confessing that the deceased had been killed with that axe. The sole eye‑witness, the victim's sister, heard the …

OMKAR PRASAD VERMAversusSTATE OF MADHYA PRADESH

2007 INSC 255Appeal(s) allowed

The appellant, a government school teacher, was convicted under Section 376B of the Indian Penal Code for having sexual intercourse with a student, on the premise that the student was in his custody as a public servant. The trial court held the student to be a consenting adult and acquitted the …

VICE CHANCELLOR, M.D. UNIVERSITY, ROHTAKversusJAHAN SINGH

2007 INSC 256Appeal(s) allowed

Jahan Singh, a former Reader at Maharishi Dayanand University, Rohtak, was terminated during probation and later re‑appointed to take up a teaching post at the University of Zambia. He took two years of extraordinary leave without pay and, after returning, claimed annual increments for that period. …

COMMNR. OF SALES TAX, ORISSA AND ORS.versusCROWN RE-ROLLER (P) LTD. AND ORS.

2007 INSC 257Case Partly allowed

Crown Re‑roller (P) Ltd., a re‑rolling mill in Orissa, purchased iron and steel scrap from registered dealers. The State of Orissa, under an industrial policy, exempted raw material purchases from sales tax, but a 1989 notification shifted the taxable event to the first point of sale. The company …

COMMNR. OF SALES TAX, ORISSA AND ORS.versusCROWN RE-ROLLER (P) LTD. AND ORS.

2007 INSC 258Appeal(s) allowed

Crown Re-roller (P) Ltd., a re‑rolling mill, purchased iron and steel scrap from registered dealers after the State of Orissa issued a 1989 notification making such material taxable at the first point of sale. The company claimed a refund of sales tax under Section 14 of the Orissa Sales Tax Act, …

ANILBHAI M. PATEL AND ORS.versusSURYAPUR BANK AGENT D.B.H. SAMITI AND ORS.

2007 INSC 259Disposed off

The appellants, directors of City Co‑operative Bank Ltd., challenged a Gujarat High Court interim order that appointed an Administrator in place of the elected board, alleging that no prayer for such relief was made and that the court had usurped the statutory role of the Registrar under the Gujarat …

NEW DELHI MUNICIPAL COUNCILversusPAN SINGH AND ORS.

2007 INSC 260Appeal(s) allowed

The New Delhi Municipal Council (NDMC) had 17 senior Shift‑In‑Charge employees who voluntarily became Meter Readers and were given a higher pay scale as an ad‑hoc, personal measure. An industrial dispute was later raised by other Meter Readers, and the Industrial Tribunal awarded pay parity to those …

ISHWAR CHANDRA AND ORS.versusTHE ORIENT AL INSURANCE CO. LTD. AND ORS.

2007 INSC 261Dismissed

A motor accident on 28‑April‑1995 caused the death of a woman and injury to her son. The driver of the insured tractor had a licence that expired on 27‑August‑1994 and no renewal application had been filed before the accident. The Motor Accidents Claims Tribunal awarded compensation, and the insurer …

INDIA HOUSEHOLD AND HEALTHCARE LTD.versusLG HOUSEHOLD AND HEALTHCARE LTD.

2007 INSC 269Dismissed

The petitioners, India Household and Healthcare Ltd., entered into a Memorandum of Understanding and a licence agreement with the respondents, LG Household and Healthcare Ltd., which contained an arbitration clause. A dispute arose over the use of the LG logo and the respondents obtained an interim …

COMMISSIONER OF CUSTOMS (PREVENTIVE)versusVIJAY DASHARATH PATEL

2007 INSC 262Appeal(s) allowed

The respondents were detained for carrying 551 foreign‑origin gold biscuits, and the Commissioner of Customs held that they failed to discharge the burden of proof under Section 123 of the Customs Act, ordering confiscation and penalties. The Appellate Tribunal set aside the confiscation orders, …

NADIMUTHU AND ORS.versusTHE STATE REP. BY INSPECTOR OF POLICE

2007 INSC 208Dismissed

The case involved four accused who tied, beat, strangled and poisoned the deceased, who was the brother of three accused and son of the fourth. The wife of the deceased (PW‑1) initially gave a false account to the Village Administrative Officer under threat, but later narrated the true events to her …

VIJAY SINGH CHARAKversusUNION OF INDIA AND ORS.

2007 INSC 209Appeal(s) allowed

The appellant, a State Forest Service officer, was placed at No. 26 in a 1991 select list for induction into the Indian Forest Service (IFS) but was not appointed. He challenged the list, and the Jammu & Kashmir High Court sent the matter back to the Selection Committee instead of deciding its …

STATE OF MANIPUR AND ANR.versusKSH. MOIRANGNINTHOU SINGH AND ORS.

2007 INSC 210Appeal(s) allowed

The respondents, members of the Manipur Home Guards, filed writ petitions seeking regularisation of their service and the grant of regular pay scales and pension benefits. The Guwahati High Court ordered the State to regularise them and to extend all service benefits applicable to regular government …

UTTRANCHAL FOREST DEVELOPMENT CORPORATIONversusM.C. JOSHI

2007 INSC 194Case Partly allowed

The appellant Uttarakhand Forest Development Corporation terminated the services of M.C. Joshi, a seasonal daily‑wage worker, on 24 November 1991. After a delay of six years, Joshi raised an industrial dispute, and the Labour Court held that the corporation had contravened Section 6N of the U.P. …

KHAZAN SINGH (D) BY LRS.versusGURBHAJAN SINGH AND ORS.

2007 INSC 195Appeal(s) allowed

The case concerned a decree for possession of 2 bighas 17 biswas of agricultural land granted in 1953, of which only 10 biswas were actually delivered and the remaining 2 bighas 7 biswas were said to be in symbolic possession. The decree holder later sought delivery of certain "kothas" (structures) …

HARJIT SINGH AND ANR.versusTHE STATE OF PUNJAB AND ANR.

2007 INSC 196Case Partly allowed

Harjit Singh and another, constables in the Punjab Police, were dismissed for being absent from guard duty at a hospital where an elderly convict was shackled. They challenged the dismissal, arguing that the disciplinary authority had not complied with Rule 16.2 of the Punjab Police Rules and the …

M/S VIVIDH MARBLES PVT. LTD.versusCOMMERCIAL TAX OFFICER

2007 INSC 197Dismissed

The State of Rajasthan introduced two sales‑tax incentive schemes, a 1987 scheme offering 100% exemption and a 1989 scheme offering 75% exemption, and allowed entrepreneurs to opt for one. Vividh Marbles Pvt Ltd chose the 1989 scheme and obtained an eligibility certificate, but the assessing …

NAIR SERVICE SOCIETYversusSTATE OF KERALA

2007 INSC 198Case Allowed

The Supreme Court examined the validity of the Kerala government's notification dated 27 May 2000, which accepted the Narendran Commission report on identifying the ‘creamy layer’ among Other Backward Classes. The petitioners, Nair Service Society, argued that the notification violated the Supreme …

P. MOHANAN PILLAIversusSTATE OF KERALA AND ORS.

2007 INSC 203Appeal(s) allowed

The appellant, a worker of Oil Palm India Limited, applied for one of twelve vacant watchman/messenger/attender posts. Although he topped the written exam, the company later enlarged the interview zone from a 1:3 to a 1:4 ratio, lowered the cut‑off marks to 46 and fixed 100 marks for the viva, …

MANISH MAHESHWARIversusASS TT. COMMISSIONER OF INCOME TAX AND ANR.

2007 INSC 204Appeal(s) allowed

The assessee company Mis Indore Construction Co. Pvt. Ltd. was subjected to a block assessment under Section 158BC of the Income Tax Act after a search was conducted at the residence of its director, Rameshwar Maheshwari, under Section 132. The Assessing Officer issued a notice under Section 15880 …

M/S. MAHIM PATRAM PRIVATE LTD.versusUNION OF INDIA & ORS.

2007 INSC 205Dismissed

Mahim Patram Private Ltd., a contractor printing examination papers for entities outside Uttar Pradesh, was assessed sales tax on its works contracts for AY 2002‑03 and 2003‑04. The Central Sales Tax Act, 1956 had been amended to bring works contracts within the definition of "sale" but no Central …

ASHOK KUMAR SONKARversusUNION OF INDIA AND ORS.

2007 INSC 206Dismissed

The appellant applied for a lecturer post at Banaras Hindu University in May 1995 without having completed the mandatory M.D. qualification, though he submitted a certificate of admission and later passed the exam in October 1995. The University’s Visitor (the President of India) annulled his …

MANGI LALversusSTATE OF RAJASTHAN

2007 INSC 158Dismissed

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

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

2007 INSC 160Dismissed

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

KAMALA S.versusVIDYADHARAN M.J. AND ANR.

2007 INSC 165Appeal(s) allowed

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