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1538 judgments · newest first · showing 1001–1200

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

2007 INSC 166Dismissed

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

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

2007 INSC 167Dismissed

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

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

2007 INSC 168Appeal(s) allowed

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

CHINTAMANI AMMALversusNANDAGOPAL GOUNDER AND ANR.

2007 INSC 170Dismissed

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

PUNJAB STATE WAREHOUSING CORPN., CHANDIGARHversusMANMOHAN SINGH AND ANR.

2007 INSC 174Appeal(s) allowed

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

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

2007 INSC 176Appeal(s) allowed

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

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

2007 INSC 177Appeal(s) allowed

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

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

2007 INSC 178Appeal(s) allowed

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

LACHHMAN DASSversusJAGAT RAM AND ORS.

2007 INSC 179Appeal(s) allowed

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

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

2007 INSC 180Dismissed

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

HARBANS SINGHversusSTATE (GOVT. OF NCT OF DELHI)

2007 INSC 144Dismissed

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 …

IMTIAZ AND ANR.versusSTATE OF UTTAR PRADESH

2007 INSC 145Dismissed

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 …

UNION PUBLIC SERVICE COMMISSIONversusS. THIAGARAJAN AND ORS.

2007 INSC 148Appeal(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 …

S. SANKARANversusD. KAUSALYA

2007 INSC 149Appeal(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 …

ALOK SHANKER PANDEYversusUNION OF INDIA AND ORS.

2007 INSC 150Disposed 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 …

VEMA CHINA KOTESWARA RAOversusDISTRICT COLLECTOR AND ORS.

2007 INSC 151Dismissed

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 …

UNION OF INDIA AND ANR.versusKAUSHALAYA DEVI

2007 INSC 152Appeal(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 …

N. SURIYAKALAversusA. MOHANDOSS AND ORS.

2007 INSC 125Dismissed

The wife, N. Suriyakalan, filed a criminal case under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act against her husband A. Mohandoss and his relatives, which the Madras High Court later quashed. She also filed a maintenance petition. An SLP under Article 136 of the …

STATE OF U.P. AND ORS.versusM/S. S.K. THEATRE PRODUCTIONS AND ORS.

2007 INSC 120Appeal(s) allowed

The State of Uttar Pradesh, under its 2001 Film Policy, offers a subsidy to films made in regional languages. SK Theatre Productions produced a Hindi film and applied for a subsidy under clause 23.3, which the Department interpreted as 25% of the processing charges only, limiting the amount to Rs. …

M/S NAHAR ENTERPRISESversusM/S HYDERABAD ALLWYN LTD. AND ANR.

2007 INSC 124Appeal(s) allowed

The respondent sued the appellant for recovery of money and issued a summons for appearance on 10‑Oct‑1988, which was served on 14‑Oct‑1988 without attaching a copy of the plaint. The trial court, without issuing a fresh summons, proceeded to an ex‑parte hearing and decreed on 13‑Dec‑1988. The …

HARDEV SINGHversusGURMAIL SINGH (DEAD) BY LRS.

2007 INSC 93Dismissed

Harcharan Singh transferred property to his wife Udham Kaur for maintenance. Udham Kaur claimed absolute ownership, which was upheld by the appellate court. During the pendency of her suit, Harcharan Singh sold the land to Gurmail Singh, who took possession. After Udham Kaur's death, Gurmail Singh …

JANARDHANAM PRASADversusRAMDAS

2007 INSC 94Case Partly allowed

Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 …

PRASAR BHARATIversusAMARJEET SINGH AND ORS.

2007 INSC 95Appeal(s) allowed

The Supreme Court examined whether Prasar Bharati could transfer staff originally appointed by Doordarshan and Akashvani despite the absence of a formal deputation order under the Prasar Bharati Act, 1990. The Court observed that the employees had been working under the Corporation’s control, …

M/S KUMAR MOTORS, BAREILLYversusCOMMISSIONER OF SALES TAX, U.P. LUCKNOW

2007 INSC 96Dismissed

M/S Kumar Motors, Bareilly purchased auto‑rickshaw chassis and bodies separately and assembled them before sale. The issue was whether this assembly amounted to "manufacture" under Section 2(e‑1) of the U.P. Sales Tax Act, 1948 and consequently attracted purchase tax under Section 3‑AAAA despite the …

NATIONAL INSTITUTE OF TECHNOLOGY AND ORS.versusNIRAJ KUMAR SINGH

2007 INSC 97Appeal(s) allowed

The widow of a deceased employee of the National Institute of Technology (NIT) sought a compassionate appointment for her grandson, who was later given a temporary regular post after a 15‑year delay. The widow later applied for her son’s appointment and for cancellation of the grandson’s post; the …

COMMISSIONER OF CUSTOMS (PORT), KOLKATAversusM/S. J.K. CORPORATION LIMITED

2007 INSC 98Dismissed

Mis. J.K. Corporation Ltd. entered into a two‑part collaboration agreement with Korean firms Samsung and Cheil for licence, know‑how (Part A) and plant‑machinery (Part B) to set up a polyester yarn plant. The company imported the machinery and paid a US$14 lakh licence/know‑how fee after …

DHANANJAY @ DHANANJAY KUMAR SINGHversusSTATE OF BIHAR AND ANR.

2007 INSC 99Appeal(s) allowed

The appellant and the informant were involved in a commercial dispute over payment for supplied bags. The informant alleged that the appellant and a third person forcibly took Rs.1580 from his pocket, leading to an FIR that listed offences including extortion under Section 384 IPC. The High Court …

PREM LALA NAHATA AND ANR.versusCHANDI PRASAD SIKARIA

2007 INSC 106Appeal(s) allowed

The mother and daughter (appellants) sued the respondent for recovery of two separate loans of Rs 5 lakhs each, alleging the transactions were loans made through a third party. The respondent had earlier filed two suits against each of them, claiming the sums were part of business transactions, but …

HARISHCHANDRA PRASAD MANI AND ORS.versusSTATE OF JHARKHAND AND ANR.

2007 INSC 79Appeal(s) allowed

The complainant alleged that his son was murdered by the accused through a conspiracy, with the body allegedly cremated after a false death certificate. The police investigation culminated in a final report which the Chief Judicial Magistrate accepted, and later, on 12 April 2005, the magistrate …

M/S. UDAIPUR PHOSPHATES FERTILIZERS LTD.versusUNION OF INDIA AND ANR.

2007 INSC 80Dismissed

The appellant, Udaipur Phosphates Fertilizers Ltd., manufactured Single Super Phosphate (SSP) under the Government's Retention Price and Subsidy Scheme. It applied for re‑endorsement of its plant capacity under Press Note No. 9 (1988) based on actual production between April 1988 and March 1990. The …

MELTON INDIAversusTHE COMMISSIONER TRADE TAX, U.P.

2007 INSC 82Dismissed

Melton India, a manufacturer of metallised plastic films, held an eligibility certificate under Section 4-A of the U.P. Trade Tax Act. The assessing authority rejected its books of account and enhanced its turnover, citing a rise in electricity consumption while reported production fell over three …

GOVERNMENT OF A.P. AND ORS.versusV. APPALASWAMY

2007 INSC 78Appeal(s) allowed

V. Appala Swamy, a former principal, faced departmental misconduct charges in 1990 and an inquiry report was filed in 1992, but he retired before any action. A show‑cause notice was later issued to withhold 50% of his provisional pension, which he contested, and he also approached the Andhra Pradesh …

M/S.AGRI GOLD EXIMS LTD.versusM/S. SRI LAKSHMI KNITS & WOVENS AND ORS.

2007 INSC 69Dismissed

The appellant and respondents entered into a Memorandum of Understanding containing an arbitration clause. Disputes arose over post‑dated cheques, two of which were dishonoured, and the appellant filed a money decree suit. The respondents moved to refer the matter to arbitration; the trial court …

ROSALIV.versusTAICO BANK AND ORS.

2007 INSC 70Appeal(s) allowed

The appellant, RosaliV, challenged the setting aside of an auction sale of immovable property by the executing court, which had held the sale void because the purchaser did not deposit the statutory 25% deposit on the same day and because the sale was confirmed before the 30‑day period expired. The …

MOHINDER SINGHversusSTATE OF PUNJAB AND ORS.

2007 INSC 71Dismissed

The District Collector ordered redemption of a mortgaged land parcel, an order that became final after the Supreme Court dismissed a Special Leave Petition. The appellant, Mohinder Singh, contended that the earlier mortgage had not been redeemed and that a receipt for Rs.425, allegedly received by …

ASHOK KUMAR AND ORS.versusSTATE OF HARYANA AND ANR.

2007 INSC 72Appeal(s) allowed

The appellants, owners of land acquired under a notification dated 20‑12‑1996 issued under Section 4(1) of the Land Acquisition Act, 1894, challenged the notification by filing a suit and obtained an interim injunction on 30‑08‑1997. The injunction was extended by the Civil Judge to specific dates, …

P.V. GEORGE AND ORS.versusSTATE OF KERALA AND ORS.

2007 INSC 73Dismissed

The appellants, employees of the Kerala Government Press Subordinate Services, were threatened with reversion of their promotions after the Kerala High Court Full Bench upheld the constitutionality of a 1:1 promotion ratio between diploma‑holders and certificate‑holders, overruling an earlier …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusLEELA SINGH

2007 INSC 67Appeal(s) allowed

Leela Singh was appointed as a lineman in the Punjab State Electricity Board on the basis of an experience certificate that was later alleged to be forged. While a vigilance inquiry was pending, she obtained relief from the Board's Administrative Member, who allowed her continuation in service with …

KRISHNANANDAversusKATTU SIVA ASHRAM AND ORS.

2007 INSC 65Dismissed

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

MILKMEN COLONY VIKAS SAMITIversusSTATE OF RAJASTHAN & ORS.

2007 INSC 49Directions issued

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

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

2007 INSC 56Appeal(s) allowed

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

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

2007 INSC 57Appeal(s) allowed

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

STATE OF PUNJAB AND ANR.versusTEJA SINGH AND ORS.

2007 INSC 58Dismissed

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

MEHARCHAND DASversusLAL BABU SIDDIQUE AND ORS.

2007 INSC 59Appeal(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 …

BHAG MAL (ALIAS) RAM BUX AND ORS.versusMUNSHI (D) BY LRS. AND ORS.

2007 INSC 60Appeal(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 …

SAROJ KUMAR PODDARversusSTATE (NCT OF DELHI) & ANR.

2007 INSC 41Appeal(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 …

BISHNU PRASAD SINHA & ANR.versusSTATE OF ASSAM

2007 INSC 42Dismissed

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, …

JAMEELversusSTATE OF MAHARASHTRA

2007 INSC 43Dismissed

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, …

AJAY BANSALversusANUP MEHTA & ORS.

2007 INSC 44Appeal(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 …

STATE OF MAHARASHTRA & ORS.versusSANJAY K. NIMJE

2007 INSC 45Appeal(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 …

ORIENTAL INSURANCE CO. LTD.versusJHUMA SAHA AND ORS.

2007 INSC 47Appeal(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 …

M.DURAIversusMADHU AND ORS.

2007 INSC 31Appeal(s) allowed

M. Durai sued Madhu and others for title to a parcel of land, relying on a sale deed dated 19‑Aug‑1978. The defendants claimed they had acquired title by adverse possession, having occupied the land openly and continuously for more than twelve years. The trial court accepted the defendants' claim …

SECRETARY, U.P. HIGH SCHOOL & INTERMEDIATE EDUCATION, ALLAHABAD & ANR.versusH.K.LAL

2007 INSC 32Appeal(s) allowed

The respondent, H.K. Lal, sought to have his date of birth altered in a matriculation certificate issued by the Uttar Pradesh High School and Intermediate Education Board. After a series of writ petitions and a civil suit that resulted in a decree ordering the alteration, the Board appealed the …

ACCOUNTS OFFICER (A & I) APSRTC AND ORS.versusK. V. RAMANA AND ORS.

2007 INSC 17Appeal(s) allowed

The respondents were engaged as contract sweepers and attenders by the Andhra Pradesh State Road Transport Corporation in 1992 and claimed regularisation after completing 240 days of continuous service, alleging that they were denied work from May 1998. The High Court directed their regularisation, …

ISHIKAWAJMA-HARIMA HEAVY INDUSTRIES LTD.versusDIRECTOR OF INCOME TAX, MUMBAI

2007 INSC 2Case Partly allowed

Ishika Wajma‑Harima Heavy Industries Ltd., a Japanese company, entered into a turnkey LNG project contract with Petronet LNG Ltd. that involved offshore supply of equipment, offshore services, onshore supply, onshore services and construction. The company sought an advance ruling on whether the …

RAJ KUMAR PRASAD TAMARKARversusSTATE OF BIHAR AND ANR.

2007 INSC 3Appeal(s) allowed

The father of a deceased woman appealed against the High Court's acquittal of her husband, who was charged with murder under Section 302 IPC. The trial court had convicted the husband based on circumstantial evidence, a threatening letter (Exhibit 7) establishing motive, the recovery of a revolver …

DEEWAN SINGH AND ORS.versusRAJENDRA PD. ARDEVI AND ORS.

2007 INSC 4Disposed off

The Supreme Court examined whether the Rajasthan Government must, as a matter of law, constitute a committee of management for a Jain temple that falls under Chapter X of the Rajasthan Public Trusts Act, 1959, or whether it retains discretionary power. The Court held that Section 53 uses the word …

COMMISSIONER OF INCOME TAX, BHOPALversusRALSON INDUSTRIES LTD.

2007 INSC 5Appeal(s) allowed

Ralson Industries Ltd filed its return for AY 1992‑93 reporting income of Rs.26,66,355. The assessing officer, under section 143(3), assessed income at Rs.35,40,414. The Commissioner invoked section 263, set aside the assessment and directed a fresh assessment, excluding transport receipts and …

YOGESH MEHTAversusCUSTODIAN APPOINTED UNDER THE SPECIAL COURT & ORS.

2007 INSC 6Appeal(s) allowed

The Supreme Court examined the auction of residential properties of the late Harshad Mehta, where Yogesh Mehta was the highest bidder. The Special Court provisionally accepted his bid but, pending a Supreme Court stay, the sale was not finalized. The Special Court later ordered forfeiture of Mehta's …

SADASHIV DADA PATILversusPURSHOTTAM ONKAR PATIL (D) BY LRS.

2006 INSC 1029Dismissed

The appellant, a hereditary watandar, claimed that the tenant's notice to purchase the land under Section 32‑G of the Bombay Tenancy & Agricultural Lands Act, 1948 was invalid because it was not served within one year as required by Section 32‑0, and that the proviso to Section 8 of the Maharashtra …

ACHARAPARAMBATH PRADEEPAN AND ANRversusSTATE OF KERALA

2006 INSC 1020Appeal(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, …

M.R.KUDVAversusSTATE OF ANDHRA PRADESH

2006 INSC 1022Dismissed

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 …

KAMLA DEVIversusKHUSHAL KANWAR AND ANR.

2006 INSC 1023Dismissed

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 …

TRIVENI CHEMICALS LTD.versusUNION OF INDIA AND ANR.

2006 INSC 1025Appeal(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; …

S.R. BATRA AND ANR.versusSMT. TAR UNA BATRA

2006 INSC 1026Appeal(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 …

NIRANJAN UMESHCHANDRA JOSHIversusMRIDULA JYOTI RAO AND ORS.

2006 INSC 1027Dismissed

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 …

M.V. KARUNAKARANversusKRISHANAN (DEAD) BY LRS.

2006 INSC 1028Dismissed

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 …

MORGAN SECURITIES AND CREDIT PVT.LTDversusMODI RUBBER LTD.

2006 INSC 1006Dismissed

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 …

SHANTI DEVIversusDAROPTI DEVI AND ORS.

2006 INSC 1007Case 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 …

M/S. A.P. STEEL RE-ROLLING MILL LTD.versusSTATE OF KERALA AND ORS.

2006 INSC 1008Dismissed

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 …

S.A. BUILDERS LTD.versusCOMMISSIONER OF INCOME TAX (APPEALS) CHANDIGARH AND ANR.

2006 INSC 1009Appeal(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. …

S.A. BUILDERS LTD.versusCOMMISSIONER OF INCOME TAX (APPEALS) CHANDIGARH AND ANR.

2006 INSC 1011Dismissed

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 …

SUPDT. OF POST OFFICES AND ORS.versusR. VALASINA BABU

2006 INSC 1012Appeal(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 …

P.P. ABDULLA AND ANR.versusTHE COMPETENT AUTHROITY AND ORS.

2006 INSC 1014Appeal(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 …

MURARI THAKUR AND ANR.versusSTATE OF BIHAR

2006 INSC 1015Dismissed

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, …

M/S. KACHWALA GEMS, JAIPURversusJOINT COMMISSIONER OF INCOME TAX, JAIPUR

2006 INSC 1016Dismissed

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 …

OFFICIAL TRUSTEE OF WEST BENGALversusSTEPHEN COURT LTD.

2006 INSC 1017Dismissed

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 …

ALOKE NATH DUTTA AND ORS.versusSTATE OF WEST BENGAL

2006 INSC 991Disposed off

The case involved the murder of Biswanath Dutta, allegedly committed by his brother Aloke Nath Dutta to facilitate the sale of family property. Aloke Nath made an extra‑judicial confession admitting to the killing, while co‑accused Mrinal Dutta gave a judicial confession that was later retracted, …

V. VENKATA SUBBARAOversusSTATE REPRESENTED BY INSPECTOR OF POLICE, A.P.

2006 INSC 992Appeal(s) allowed

V. Venkat Subbarao, a surveyor, was accused of accepting a bribe of Rs.2,000 after intervening in a demand of Rs.5,000 made by a Mandal Revenue Officer (MRO) for allowing the removal of casurina trees. The prosecution relied on a pre‑trap operation conducted by the Anti‑Corruption Bureau, but the …

HASHAM ABBAS SAYYADversusUSMAN ABBAS SAYYAD AND ORS.

2006 INSC 993Appeal(s) allowed

The appellant and respondents were brothers involved in a partition suit filed by Respondent No.1. A preliminary decree was passed in 1999, after which a special petition was treated as an application for a final decree. A local commissioner reported the property to be impartible and a sale …

SHREEDHAR GOVIND KAMERKARversusYESAHWANT GOVIND KAMERKAR AND ANR.

2006 INSC 994Dismissed

The brothers Shreedhar Govind Kamerkar (appellant) and Yesahwant Govind Kamerkar (respondent) entered into a partnership in 1971 that was dissolved in 1977. The dispute concerned whether the tenancy rights to a premises in Navalkar Building, used for the Deepak Provision Store and later for Shree …

SITA DEVIversusBIHAR STATE HOUSING BOARD AND ORS.

2006 INSC 984Appeal(s) allowed

Sita Devi applied for a flat under the Bihar State Housing Board's self‑financing scheme and paid a total of Rs.1,71,876 in 1994. The flat was not constructed within the stipulated or a reasonable period, and she sought a refund in October 1996; the Board cancelled her allotment in January 1997 and …

STATE OF KARNATAKA AND ORS.versusAMEERBI AND ORS.

2006 INSC 969Appeal(s) allowed

The Supreme Court examined whether Anganwadi workers and helpers appointed under the Integrated Child Development Services (ICDS) scheme are holders of civil posts within the meaning of Articles 309, 310 and 311 of the Constitution. The workers, who are selected by a committee, receive only an …

VADLA CHANDRAIAHversusSTATE OF A.P

2006 INSC 970Case Partly allowed

A police constable seized four guavas from a vendor without paying and a quarrel ensued. The appellant, a carpenter, intervened with his tool (a badze) and struck the constable, causing instantaneous death. The trial court convicted him under Section 302 IPC for murder, a decision affirmed by the …

NAGAR NIGAM, MEERUTversusAL FAHEEM MEAT EXPORTS PVT. LTD. AND ORS.

2006 INSC 971Appeal(s) allowed

The Meerut Municipal Corporation (Nagar Nigam) issued a public advertisement inviting tenders for a contract to run its slaughter house after a one‑year licence to Al Faheem Meat Exports expired. The corporation’s advertisement was challenged by Al Faheem, and the Allahabad High Court directed that …

ROTASHversusSTATE OF RAJASTHAN

2006 INSC 962Dismissed

The appellant, Rohtash, was convicted under IPC s.302 read with s.34 for the murder of Moosaram, alleged to have been carried out by a group armed with iron pipes. The prosecution relied on statements of the first informant (PW‑1) and the victim's mother (PW‑6), both of whom named Rohtash as part of …

BHUPENDRA SINGH BHATIAversusSTATE OF M.P. AND ORS

2006 INSC 963Appeal(s) allowed

The Supreme Court considered a dispute where the State of Madhya Pradesh, under a new excise policy, purchased foreign liquor from a wholesaler, Bhupendra Singh Bhatia, at rates fixed by a district‑level purchase committee in April‑May 1996, pending a final decision by a state‑level committee. After …

RAGHUNATH RAI BAREJA AND ANR.versusPUNJAB NATIONAL BANK AND ORS.

2006 INSC 965Appeal(s) allowed

The appellant, a guarantor and director of a liquidated company, challenged the Punjab National Bank's attempt to recover a debt by filing execution petitions. The High Court transferred the third execution petition, filed in 1999, to the Debt Recovery Tribunal (DRT) invoking inherent powers. The …

OM PRAKASH AND ORS.versusSHIV KUMAR AND ORS.

2006 INSC 966Dismissed

The respondents filed a suit for possession of land alleging that the appellant had obtained a fabricated Will of the deceased owner, Smt. Ram Ditti, to secure mutation of revenue records and possession. The trial court dismissed the suit, but the first appellate court and the Himachal Pradesh High …

DR. T.A. QUERESHIversusCOMMISSIONER OF INCOME TAX, BHOPAL

2006 INSC 967Appeal(s) allowed

The appellant, a medical practitioner, was arrested for manufacturing and selling heroin, and the seized heroin was claimed as a loss in his income‑tax return on the ground that it formed part of his stock in trade. The assessing officer disallowed the claim, treating the amount as income from …

PUNJAB WATER SUPPLY & SEWERAGE BOARDversusRANJODH SINGH AND ORS.

2006 INSC 968Appeal(s) allowed

The Punjab Water Supply & Sewerage Board (the Board) engaged several workers on a contractual basis for water and sewerage schemes and later terminated their services. The workers filed writ petitions seeking regularisation of their employment under a policy scheme issued by the State of Punjab. The …

SANKAR DASTIDARversusSHRIMATI BANJULA DASTIDAR AND ANR.

2006 INSC 950Appeal(s) allowed

Respondent No.1, Shrimati Banjula Dastidar, sued her brother Sankar Dastidar for declaration of title to a residential house. The brother had locked a room containing her almirah on 16 March 1987, and an inventory of the goods was later made. In the same proceeding she filed a counter‑claim on 24 …

RAMCHANDRA MURARILAL BHATTAD AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 951Dismissed

The Mumbai Metropolitan Region Development Authority (MMRDA) invited bids for a Convention and Exhibition Centre and the appellant submitted the highest bid, but the Authority later cancelled all bids and re‑tendered, awarding the contract to another bidder. The appellant challenged the …

M/S. PEACOCK PLYWOOD PVT. LTD.versusTHE ORIENTAL INSURANCE CO. LTD.

2006 INSC 953Appeal(s) allowed

The appellant company insured logs against non-delivery with the respondent insurance company. The ship carrying the logs became stranded at Singapore and offloaded cargo, leading to a claim for constructive total loss. The insurer repudiated the claim, and the appellant filed suit. The Single Judge …

SARBANANDA SONOWALversusUNION OF INDIA

2006 INSC 954Case Allowed

The petitioners challenged the Foreigners (Tribunal) Amendment Order, 2006 which made the 1964 Foreigners (Tribunals) Order inapplicable to Assam, arguing that it contravened Articles 14, 21 and 355 of the Constitution and sought to nullify the Supreme Court's earlier judgment in Sarbananda Sonowal …

SUBHASH HARNARAYANJI LADDHAversusSTATE OF MAHARASHTRA

2006 INSC 955Appeal(s) allowed

The deceased Yadav Navkar allegedly entered into a sale agreement for his land with the appellants, but a forged General Power of Attorney was later executed by accused No.1, leading to a sale deed in favour of the appellants. After Navkar went missing, his wife filed a report, a FIR was lodged …

HORI LAL AND ANR.versusSTATE OF U.P

2006 INSC 957Dismissed

The Supreme Court examined a land‑dispute‑related shooting in which members of an unlawful assembly opened fire, killing Hori Lal and Smt Ram Shree and injuring others. The appellants challenged the conviction on grounds that the FIR was ante‑timed, the prosecution failed to prove a common object, …

KULWINDER SINGHversusSTATE OF PUNJAB

2006 INSC 958Dismissed

The appellant, Kulwinder Singh, was convicted along with three others for the murder of Rajbir Singh, allegedly hired by Nirpal Singh, Nardev Singh and their father Pargat Singh in a land‑dispute motive. The prosecution’s case rested on the statements of eyewitness PW‑3, the extra‑judicial …

MUNICIPAL CORPORATION, JABALPURversusOM PRAKASH DUBEY

2006 INSC 959Appeal(s) allowed

The Municipal Corporation of Jabalpur appointed a large number of daily‑wage workers without following the recruitment rules prescribed under the Madhya Pradesh Municipal Corporation Act. Several labour disputes arose and the High Court, exercising contempt jurisdiction, directed the corporation to …

AVTAR SINGH AND ORS.versusGURDIAL SINGH AND ORS.

2006 INSC 948Dismissed

The dispute concerned a parcel of land in village Nardu, alleged to be either private property of the appellants or a public street (shamlat deh). The trial court held the appellants had title and dismissed the respondents' injunction suit; the appellate court and the High Court reversed, finding …

ABHISHEK KUMARversusSTATE OF HARYANA AND ORS.

2006 INSC 949Appeal(s) allowed

Abhishek Kumar applied for an appointment on compassionate grounds after his father, a government employee, died in February 2001. The District Magistrate of Kamal refused the appointment, citing lack of vacancy, and the Punjab and Haryana High Court dismissed his writ petition by relying on Rule 9 …

PRAKASHversusSTATE OF MADHYA PRADESH

2006 INSC 939Dismissed

The appellant Prakash, along with co‑accused Badrilal and Dinesh, chased the unarmed deceased Ramprasad with lathis. Prakash struck Ramprasad's leg, causing him to fall, after which Badrilal delivered a fatal blow to the head, leading to death from multiple skull fractures. The trial court convicted …

STATE BANK OF HYDERABADversusTOWN MUNICIPAL COUNCIL

2006 INSC 940Appeal(s) allowed

The State Bank of Hyderabad sued the Town Municipal Council for an injunction concerning a plot it had purchased at public auction. During the proceedings the bank sought leave to amend its plaint, which was initially allowed by the appellate court. The High Court set aside that order, relying on …

M/S. SIEMENS LTD.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 941Appeal(s) allowed

Siemens Ltd., a multi‑location company, owned a factory within the Bombay Municipal Corporation (BMC) limits and another outside those limits. The BMC issued a show‑cause notice demanding payment of municipal cess on goods supplied from the factory outside its jurisdiction. Siemens filed a writ …

STATE OF KERALA AND ORS.versusUNNI AND ANR.

2006 INSC 942Disposed off

The State of Kerala prosecuted licensees Unni and others for selling toddy whose ethyl alcohol content exceeded the limits prescribed in Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, invoking Sections 56 and 57 of the Abkari Act. The High Court had upheld the rule, but the …

M/S ASHOKA SMOKELESS COAL IND. P. LTD. AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 943Disposed off

The Supreme Court examined the constitutionality of Coal India Ltd.'s electronic auction (E‑Auction) scheme for allocating coal to non‑core sector consumers. The petitioners argued that coal is an essential commodity and that the scheme's variable pricing, lack of a fixed price, and inclusion of …

CHANDRIKA SINGH (DEAD) BY LRS. AND ANR.versusSARJUG SINGH AND ANR.

2006 INSC 933Appeal(s) allowed

The case concerned land acquired under the Land Acquisition Act that had been mutated in the name of Damoder Mahto. After Damoder's death, his widow Koleshra Devi (Kaulashwari) possessed a share of the land in lieu of maintenance. She executed a deed of gift on 7 May 1960 in favour of the …

UTHA MOIDU HAJIversusKUNINGARATH KUNHABDULLA AND ORS.

2006 INSC 934Appeal(s) allowed

The plaintiff, a son who attained majority in 1974, filed a suit in 1981 to set aside a 1963 sale deed by which his maternal grandfather and his siblings purportedly sold his share in family land. The trial court held the suit barred by Article 60 of the Limitation Act, 1963, but the appellate …

LANKESHWAR MALAKAR AND ORS.versusR. DEKA AND ORS.

2006 INSC 935Appeal(s) allowed

The plaintiffs, descendants of Durga Malakar, filed a title suit claiming ownership of certain lands based on a will dated 8 October 1958 and a probate order. The defendants asserted title through a sale deed executed by Durga's widow Gandhari and a subsequent deed of exchange. The trial court ruled …

ANTAR SINGHversusSTATE OF MADHYA PRADESH

2006 INSC 936Dismissed

On 6 July 1993, the deceased Keshrabai and her 15‑year‑old daughter Annuabai were attacked in their home. The appellant, Antar Singh, along with three others entered the house armed with deadly weapons while eight other persons surrounded the house. Badri assaulted the deceased, who suffered eight …

COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, SURAT-IIversusM/S. NIRMALA DYECHEM AND ANR.

2006 INSC 925Appeal(s) allowed

The assessee, Nirmala Dyachem, manufactures a product called Domex Power Cleaner/Domex All round Home Cleaner and classified it under heading 38.08 of the Central Excise Tariff Act, 1985 as a disinfectant. The Revenue argued that the product should be placed under heading 34.02, which covers organic …

DEVENDER SINGHversusSTATE OF HARYANA

2006 INSC 926Appeal(s) allowed

A married woman, Sumitra, died in a fire that also injured her two‑year‑old son and her father‑in‑law, both of whom later died. The husband, Devender Singh, and his brother‑in‑law were prosecuted under IPC sections 306 (abetment of suicide) and 498‑A (dowry harassment) based on letters in which the …

PREM NARAIN AND ANR.versusTHE STATE OF MADHYA PRADESH

2006 INSC 927Appeal(s) allowed

The appellants Prem Narain and others were convicted under Section 304(II) read with Section 34 of the Indian Penal Code for the murder of Gopal Singh, based primarily on the testimony of two eye‑witnesses, PW‑1 (Ganeshi Bai) and PW‑3 (Kallu). The Supreme Court examined the consistency of their …

GULAB CHAND AGRAWALversusSTATE OF BIHAR AND ORS.

2006 INSC 928Dismissed

Gulab Chand Agrawal, a clerk employed by Siwan Municipality, retired on 31 January 1992. The Bihar Municipal Officers and Servants Pension Rules, 1987 (Rule 4) allowed municipal employees who were on the rolls at the time of the rule’s confirmation and who had subscribed to the Contributory …

UNION OF INDIA AND ANR.versusS.L. VERMA AND ORS

2006 INSC 921Dismissed

The Union of India appealed a High Court order that had allowed a group of former Bureau of Indian Standards employees, who were members of the Contributory Provident Fund (CPF) scheme, to be deemed members of the pension scheme without any liability on the Union. The employees had not exercised the …

M.C.MEHTAversusUNION OF INDIA AND ORS.

2006 INSC 913Disposed off

The Supreme Court examined a Public Interest Litigation concerning the Taj Heritage Corridor project, which alleged irregularities and unauthorized release of Rs. 17 crore. The Court had earlier ordered a CBI inquiry and later directed the CBI to register an FIR and investigate senior officials. The …

MOHAMMED ARSHADversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 892Disposed off

The deceased Kayyum gave three dying declarations after being assaulted. The first (before a doctor) and second (before a magistrate) named Syed Shaukat and Salim but not Mohammed Arshad; the third (before an investigating officer) named Arshad as having struck the victim with a wooden stick, citing …

CHATAR SINGHversusSTATE OF M.P.

2006 INSC 893Case Partly allowed

The appellant was convicted for kidnapping two boys and for offences under Sections 364 and 365 IPC, read with Sections 120‑B and 201 IPC. The trial court sentenced him to ten years each for the two counts of kidnapping (total 20 years) and the High Court upheld the conviction and ordered the …

VIKRAMJLT SINGH@ VICKYversusSTATE OF PUNJAB

2006 INSC 894Appeal(s) allowed

Vikramjit Singh (Vicky) was convicted by the Sessions Court and sentenced to death for the murder of his wife, Meena Rani, based on a prosecution case that alleged he killed her due to an illicit relationship. The prosecution relied on a knife allegedly recovered after a confession, jewellery found …

DILIP AND ANR.versusSTATE OF M.P.

2006 INSC 895Appeal(s) allowed

The appellants were stopped on a scooter and opium was seized from the vehicle, leading to their arrest under the NDPS Act. The trial court acquitted them, holding that the search and seizure were vitiated because Sections 42 and 50 of the NDPS Act were not complied with and the seizure witnesses …

BABUBHAI UDESINH PARMARversusSTATE OF GUJARAT

2006 INSC 896Appeal(s) allowed

Babubhai Udesinh Parmar was convicted of raping and murdering a minor girl, Savita, primarily on the basis of a confession recorded by a Chief Judicial Magistrate under Section 164 of the Cr.P.C. The Supreme Court found that the confession was recorded without observing the statutory safeguards: it …

GAGAN KANOJIA AND ANR.versusSTATE OF PUNJAB

2006 INSC 897Dismissed

The appellants were convicted for kidnapping and murdering two children based largely on circumstantial evidence, including the testimony of a child witness, a taxi driver, extra‑judicial confessions, fingerprint matches, recovered clothing, and a ransom‑demand letter. The trial and High Courts …

BASO PRASAD AND ORS.versusSTATE OF BIHAR

2006 INSC 898Disposed off

The accused were charged under Sections 302 and 34 IPC and Section 27 of the Arms Act for the murder of Shivnandan Prasad. Eye‑witnesses identified Brijandan Prasad as the sole shooter, while the other four accused were alleged to have participated in brick‑batting but not in firing. The defence …

SASI THOMASversusSTATE AND ORS.

2006 INSC 899Disposed off

The appellant, the brother of the deceased Achamma, alleged that his sister’s death was not a natural heart‑failure but a murder concealed as suicide. After exhumation and a post‑mortem indicating organophosphorus poisoning, the CB‑CID investigated and charged the husband under Section 306 IPC …

ANIL@RAJU NAMDEV PATILversusADMINISTRATION OF DAMAN & DIU, DAMAN AND ANR.

2006 INSC 900Dismissed

The appellant, Anil Raju Namdev Patil, was convicted of kidnapping a five‑year‑old boy for ransom, the boy’s murder and related offences, and sentenced to death and five years’ rigorous imprisonment. He appealed, arguing that the charge of kidnapping for ransom with intent to murder (Section 364‑A …

STATE OF MAHARASHTRAversusSHASHIKANT S. PUJARI AND ORS.

2006 INSC 901Disposed off

Shashikant S. Pujari was appointed as a part‑time lecturer on a clock‑hour basis in 1983 and later served intermittently as a full‑time lecturer without the requisite approval of the University Selection Committee and without satisfying the qualifications prescribed under the University Grants …

MEGHALAYA STATE ELECTRICITY BOARD AND ORS.versusTHULESWAR BARBARUAH & ORS.

2006 INSC 902Appeal(s) allowed

The Meghalaya State Electricity Board framed service regulations in 1996 that required a Departmental Promotion Committee (DPC) to prepare a list of eligible employees each year, but only for vacancies that existed or were expected. The respondents became eligible for promotion in 2000, yet no DPC …

STATE OF HARYANA AND ORS.versusDEVI DUTT AND ORS.

2006 INSC 903Appeal(s) allowed

The State of Haryana, following a policy to regularise daily‑wage workers, terminated the services of several daily wagers. The Labour Court held that the workers had not been in continuous service for the requisite 240 days in the preceding 12 months, and therefore the retrenchment did not violate …

J. SRINIVASA RAOversusGOVT. OF A.P. AND ANR.

2006 INSC 905Appeal(s) allowed

J. Srinivasa Rao challenged a 1997 notification that altered the tax rate for Maxi Cabs from a fixed Rs 1,000 per vehicle to Rs 600 per seat, alleging it exceeded the ceiling prescribed in the Andhra Pradesh Motor Vehicles Taxation Act, 1963. The High Court dismissed the writ, holding that the …

STATE OF HIMACHAL PRADESH AND ORS.versusSURINDER SINGH BANOLTA

2006 INSC 908Dismissed

Surinder Singh Banolta was elected to the Zilla Parishad on 5 January 2001. Earlier, in 1998, he had been declared an encroacher under the Himachal Pradesh Public Premises (Rent Recovery and Land Eviction) Act, a disqualification ground under Section 122(c) of the Himachal Pradesh Panchayati Raj …

G.L. VIJAINversusK. SHANKAR

2006 INSC 909Appeal(s) allowed

The appellant, a tenant, challenged an order fixing fair rent by filing a revision petition under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The High Court admitted the petition on the condition that the appellant deposit 50% of the arrears and continue paying the …

STATE OF M.P. AND ORS.versusLAUT KUMAR VERMA

2006 INSC 910Dismissed

Laut Kumar Verma, engaged on daily wages, applied before the Labour Court for classification as a permanent clerk, claiming that continuous service of more than six months entitled him to permanent status under Clause 2 of the Standard Standing Orders and protection of Section 25‑F of the Industrial …

HOTEL & RESTAURANT ASSOCIATION AND ANR.versusSTAR INDIA PVT. LTD. AND ORS

2006 INSC 911Appeal(s) allowed

The Hotel & Restaurant Associations, representing owners of large and small hotels, challenged the rates demanded by broadcasters under TRAI's tariff orders, arguing that they are consumers entitled to TDSAT's jurisdiction under Section 14 of the TRAI Act. TDSAT held that the hotels were not …

SAURABH PRAKASHversusDLF UNIVERSAL LTD.

2006 INSC 912Disposed off

The appellant purchased a flat from DLF Universal Ltd. and paid earnest money and instalments, but later could not continue payments and sought a refund of the amounts paid, proposing a swap for a smaller property. DLF refused to adjust the earnest money and the appellant filed an application before …

STATE OF U.P. AND ORS.versusDESH RAJ

2006 INSC 891Dismissed

Deshraj was appointed on daily wages for specific work in the Public Works Department and filed a writ petition seeking regularisation. The Allahabad High Court, by a single judge, directed the creation of a supernumerary post and ordered payment of minimum pay scale, a decision later upheld by a …

PARME HANSDA AND ANOTHERversusSTATE OF BIHAR(NOW JHARKHAND)

2006 INSC 875Appeal(s) allowed

The deceased, Jharia Kisku, was alleged to have been caught stealing and was tied and assaulted by the accused, Parme Hansda and Churka Hansda, along with other villagers. He later died from his injuries. The trial court convicted the accused under IPC Sections 304 (culpable homicide not amounting …

UNION OF INDIA AND ANR.versusKUNISETTY SATYANARAYANA

2006 INSC 876Appeal(s) allowed

The respondent, a clerk in the Postal Department, was initially appointed as an open category (OC) employee but later obtained promotions to posts reserved for Scheduled Tribes (ST) by falsely claiming ST status on his school certificate. After a show‑cause notice, he admitted he did not belong to …

COMMISSIONER OF INCOME TAX, KOLKATAversusM/S. HOOGL Y MILLS CO. LTD.

2006 INSC 877Appeal(s) allowed

The respondent, Hooghly Mills Co. Ltd., purchased an industrial undertaking from Fort Gloster Industries Ltd. and, under the sale agreement, assumed the vendor’s accrued and future gratuity liability of about Rs 3.5 crore. The assessee claimed depreciation on this amount under Section 32 of the …

RAM CHANDRA SRIVASTAVAversusCHAIRMAN, DDA AND ANR.

2006 INSC 879Appeal(s) allowed

Ram Chandra Srivastava challenged the service charge and ground rent levied by the Delhi Development Authority (DDA) through a writ petition. The Single Judge of the Delhi High Court dismissed the petition, holding that the service charge was a tax unrelated to services and that the accounting of …

M/S. RELIANCE SALT LTD.versusM/S. COSMOS ENTERPRISES AND ANR.

2006 INSC 880Appeal(s) allowed

Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day …

GANGARAM SHANTARAM SALUNKHEversusTHE STATE OF MAHARASHTRA

2006 INSC 881Dismissed

The appellant, Gangaram Shantaram Salunkhe, was convicted under IPC Section 302 read with Section 34 for the murder of Bhaulal Jadhav. The prosecution relied on two eye‑witnesses (PW4 and PW5), a dying declaration of the deceased recorded by PW6, and medical evidence. The appellant challenged the …

SURENDERversusSTATE OF HARYANA

2006 INSC 882Dismissed

The Supreme Court examined the appeal of Surender, convicted under Sections 306/34 (abetment of suicide) and 498A/34 (dowry harassment) of the IPC. The prosecution proved that Pushpa, his wife, was repeatedly harassed and beaten for dowry demands, was expelled from the matrimonial home, and later …

BABU SINGH AND ANOTHER.versusRESHAMPAL SINGH AND ANR.

2006 INSC 883Dismissed

The trial court convicted Reshampal Singh and another for murder under Section 302 of the IPC and sentenced them to death. The Punjab and Haryana High Court affirmed the conviction but reduced the sentence to life imprisonment, imposed a fine of Rs. 50,000 and additional rigorous imprisonment for …

KALYAN SINGHversusSTATE OF MADHYA PRADESH

2006 INSC 874Appeal(s) allowed

On 31 July 1989, a group of accused, including Kalyan Singh, allegedly surrounded a well where Durga Singh Rawat was bathing and Kalyan Singh is said to have urged Budh Singh to fire, resulting in the victim's death. The trial judge, after detailed analysis of witness statements and noting …

RAJESH RANJAN YADAV @ PAPPU YADAVversusCBI THROUGH ITS DIRECTOR

2006 INSC 856Dismissed

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 …

BAPUversusSTATE OF MAHARASHTRA

2006 INSC 857Dismissed

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 …

DISTRICT REHABILITATION OFFICER AND ORS.versusJAY KISHORE MAITY AND ORS.

2006 INSC 817Disposed off

The Union Government launched a rehabilitation scheme for disabled persons, establishing District Rehabilitation Centres in several states and employing workers on state pay scales. The workers filed petitions before the Central Administrative Tribunal (CAT) claiming they were Central Government …

BHOGPUR CO-OP SUGAR MILLS LTD.versusHARMESH KUMAR

2006 INSC 818Appeal(s) allowed

Bhogpur Co‑op Sugar Mills Ltd, a seasonal sugar mill, hired Harmesh Kumar as a daily‑wage seasonal worker and later terminated his services at the end of the season. Kumar raised an industrial dispute under the Industrial Disputes Act, 1947, and the State referred the matter to the Labour Court …

INDIAN AIRLINES LID.versusPRABHA D. KANAN

2006 INSC 819Case Partly allowed

Prabha D. Kanan, an air hostess promoted to Deputy Manager at Indian Airlines Ltd., was arrested in 2002 for allegedly carrying undeclared foreign currency and her services were terminated on 9 August 2002 under Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations, which allows …

COMMISSIONER OF CENTRAL EXCISE, SURATversusM/S. ZANDU PHARMACEUTICAL WORKS LTD.

2006 INSC 820Dismissed

The respondent, Zandu Pharmaceutical Works Ltd., manufactured a hair oil called "Alma Lio" and initially classified it as an Ayurvedic medicament under SH 3003.39 of the Central Excise Tariff Act, 1985. The Commissioner of Central Excise issued a show‑cause notice alleging that the product should be …

JASWANT SINGH GILLversusM/S. BHARAT COKING COAL LTD. AND ORS.

2006 INSC 821Appeal(s) allowed

Jaswant Singh Gill, a chief general manager of Bharat Coking Coal Ltd., faced departmental proceedings for alleged shortage of coal. While the disciplinary inquiry was pending, he retired and applied for gratuity under the Payment of Gratuity Act, 1972, which was denied on the ground that his …

STATE OF UTTARANCHALversusRAJESH KUMAR GUPTA

2006 INSC 826Dismissed

The State of Uttarakhand appealed against the High Court’s order granting bail to Rajesh Kumar Gupta, an Ayurvedacharya who was arrested for allegedly dispensing unlabelled tablets containing psychotropic substances such as phenobarbitone and chlorodiazepoxide, claimed to be herbal cures for …

STATE OF A.P.versusV. SARMA RAO AND ORS. ETC. ETC.

2006 INSC 827Dismissed

The State of Andhra Pradesh alleged a large‑scale fraud in the award of compensation under the Land Acquisition Act and sought a criminal inquiry under Section 340 of the CrPC. A District Judge conducted the inquiry, but the High Court held that the Subordinate Judge appointed under the Act was not …

MOHAN RAJversusDIMBESWARI SAIKIA & ANR

2006 INSC 828Appeal(s) allowed

Mohan Raj, then Superintendent of Police in Assam, was charged in a complaint for the killing of alleged extremists during ethnic violence in 1983. Under the Assam Amendment Act, 1983, the court was required to refer the matter to the State Government, which issued a certificate on 20‑Nov‑1985 …

AMRIT SINGHversusSTATE OF PUNJAB

2006 INSC 829Case Partly allowed

Amrit Singh was convicted of raping and murdering a 7‑8‑year‑old girl, Rajpreet Kaur, whose body was found bleeding profusely in his cotton field. The trial court and High Court sentenced him to death under IPC Sections 376 and 302, relying primarily on the "last seen together" testimony and …

GANGADHAR PILLAIversusM/S. SIEMENS LTD.

2006 INSC 830Dismissed

Gangadhar Pillai was engaged by Siemens Ltd. on a series of temporary contracts for project work from 1978 to 2000, each appointment ending when the specific project was completed. She claimed that the employer’s practice of repeatedly hiring her as a temporary worker for over two decades amounted …

STATE OF HARYANA AND ORS.versusM.P. MOHLA

2006 INSC 832Dismissed

M.P. Mohla, a veterinary surgeon employed by the State of Haryana, claimed entitlement to a higher promotional pay scale under the Haryana Civil Services (Revised Pay) Rules, 1998 and the Assured Career Progression (ACP) Rules, 1998. The High Court allowed his writ petition, granting the higher pay, …

SHAKUNTALA CHANDRAKANT SHRESHTIversusPRABHAKAR MARUTI GARVALI AND ANR.

2006 INSC 833Dismissed

The deceased, a cleaner employed in a milk‑transport truck, suffered a sudden heart attack and died while alighting from the vehicle. His mother filed a claim under the Workmen's Compensation Act, 1923, alleging the death occurred in the course of employment. The Commissioner allowed the claim …

M/S SRINIVASA RICE MILLversusEMPLOYEES STATE INSURANCE CORPORATION

2006 INSC 834Case Partly allowed

MIS Srinivasa Rice Mill was brought under the Employees' State Insurance Act, 1948 on 1 August 2000. The ESIC had inspected the mill before that date and, based on the inspection, issued a show‑cause notice under section 85(g) threatening criminal prosecution for failure to pay contributions. The …

U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusSHIVAJI

2006 INSC 835Disposed off

The driver Shivaji was removed from service after a domestic inquiry that alleged he intentionally drove into a privately installed barrier, injuring a passenger. The Labour Court held the inquiry invalid but later found him guilty of serious misconduct and ordered termination. The High Court, …

M/S. PANDEY & CO. BUILDERS PVT. LTD.versusSTATE OF BIHAR AND ANR.

2006 INSC 837Dismissed

The appellant, Mis. Pandey & Co. Builders Pvt. Ltd., entered into a contract for canal repair work that contained an arbitration clause. Disputes arose and the appellant invoked arbitration, but the named arbitrator (the Superintending Engineer) retired and his successor delayed the proceedings. The …

RANJIT SINGH AND CO.versusSTATE OF PUNJAB

2006 INSC 816Disposed off

The case concerned the murder of Harbhajan Kaur, who died from burn injuries allegedly inflicted by members of her in‑law family. The prosecution’s case rested on two dying declarations made by the deceased, which contained inconsistencies regarding the roles of various accused. The Supreme Court …

SHASHIKANTversusCENTRAL BUREAU OF INVESTIGATION AND ORS.

2006 INSC 792Dismissed

Shashikant, a railway employee, lodged an anonymous complaint with the Central Bureau of Investigation (CBI) alleging corruption by several officers. The CBI conducted a preliminary inquiry without registering a First Information Report (FIR) and recommended departmental action, which was carried …

UNION OF INDIA AND ORS.versusM/S ASIAN FOOD INDUSTRIES

2006 INSC 793Disposed off

The Central Government issued a notification on 27 June 2006 banning the export of pulses and a subsequent notification on 4 July 2006 permitting export against irrevocable letters of credit opened before 22 June 2006. Exporters who had already obtained Let‑Export orders and complied with Section 51 …

VASU DEV SINGH AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 797Appeal(s) allowed

The appellants, tenants in Chandigarh, challenged a 7 November 2002 notification issued by the Administrator under Section 3 of the East Punjab Urban Rent Restriction Act, 1949, which exempted buildings and rented land with monthly rent exceeding Rs.1500 from the Act's provisions. The High Court had …

STATE OF MADHYA PRADESHversusSHAMBHU DAYAL NAGAR

2006 INSC 782Appeal(s) allowed

Assistant Sub-Inspector Shambhu Dayal Nagar was trapped after agreeing to accept a bribe of Rs.3500 from complainant Badan Singh. The money, smeared with phenolphthalein powder, was recovered from the accused's upper right pocket of his uniform shirt and the powder transfer was demonstrated by a …

JAGMODHAN MEHATABSING GUJARAL AND ORS.versusSTATE OF MAHARASHTRA

2006 INSC 783Disposed off

The appellants were charged with large‑scale theft of electricity after a surprise raid by State Electricity Board officials uncovered meter tampering and bypassing that concealed consumption of substantial power. They were convicted under Sections 39 and 44 of the Indian Electricity Act, 1910, …

REGIONAL MANAGER, SBI.versusMAHATMA MISHRA

2006 INSC 773Appeal(s) allowed

Mahatma Mishra was appointed by the State Bank of India as a temporary messenger for a fixed period of 88 days in 1982 and was terminated thereafter. He claimed that the termination violated Section 25‑H of the Industrial Disputes Act, 1947 and sought reinstatement with full back wages. The Labour …

MANISH RATAN AND ORS.versusSTATE OF M.P. AND ORS

2006 INSC 774Appeal(s) allowed

Manish Ratan and others were accused of dowry harassment and ill‑treatment of their wife, who lived in Jabalpur. The complainant lodged a FIR at Datia police, alleging that the offences occurred at Jabalpur, and the case was tried by the Chief Judicial Magistrate, Datia. The appellants challenged …

VITHALversusSTATE OF MAHARASHTRA

2006 INSC 775Dismissed

The appellant Vithal was convicted of murder (IPC s.302) for allegedly pouring kerosene on the deceased Vishwanath and setting him alight, causing 98% burn injuries. Four dying declarations of the deceased were recorded by police officers and an executive magistrate; all named the appellant and were …

STATE OF U.P. AND ORS.versusHARIHAR BHOLE NATH

2006 INSC 776Appeal(s) allowed

Harihar Bhole Nath, a Deputy Inspector General of Registration, was charged in 1993 with misconduct causing financial loss to the Government and was suspended by order of the Governor. Although the suspension was stayed, he retired on 31 March 1993. A departmental enquiry was later initiated on 4 …

MANAGEMENT OF KSRTC TH. CHIEF LAW OFFICERversusR. KRISHNA REDDY

2006 INSC 777Dismissed

The Karnataka State Road Transport Corporation (KSRTC) had a settlement with its employees that tied the rate of Dearness Allowance (DA) to the rates sanctioned by the State Government and required any merger of DA with basic pay to be considered for calculating gratuity. The State Government issued …

MATHURA PRASADversusUNION OF INDIA AND ORS.

2006 INSC 778Appeal(s) allowed

Mathura Prasad, a casual labourer, was shortlisted for regularisation and his service card was sent for verification, where it was deemed fake. A departmental inquiry was held, but the inquiry officer’s report did not clearly state whether the card was genuine. The disciplinary authority sent a …

SHEKHAR GHOSHversusUNION OF INDIA & ANR.

2006 INSC 779Appeal(s) allowed

The appellant, a railway employee, was promoted from Khalasi to Junior Clerk and later Senior Clerk, but was later repatriated to his original post of Khalasi on the basis of a complaint by four colleagues alleging irregular promotion. The authorities claimed a mistake in the service record and …

RAJESH KUMAR AND ORS.versusD.C.I.T. AND ORS.

2006 INSC 780Appeal(s) allowed

The appellants, assessees under the Income Tax Act, were subjected to a raid that uncovered two separate sets of books of accounts, prompting the Deputy Commissioner to propose a special audit under Section 142(2A). The Commissioner approved the proposal without giving the appellants any notice or …

SHYAMALI DASversusILLA CHOWDHRY AND ORS.

2006 INSC 781Dismissed

The appellant, Shyamali Das, claimed ownership of land acquired by the West Bengal Housing Board and filed a suit for injunction and declaration of title. She also sought to be impleaded in the reference proceedings under the Land Acquisition Act, but the Land Acquisition Judge dismissed her …

NATHU@ PARAS RAMversusSTATE OF RAJASTHAN

2006 INSC 769Directions issued

A prisoner, Nathu @ Parasram, filed a Special Leave Petition (SLP) from jail, attaching a certified copy of the High Court judgment. The Supreme Court Registry delayed the first listing by sending for records from lower courts and awaiting translation of vernacular documents into English. The Court …

SUKUMARROYversusSTATE OF WEST BENGAL

2006 INSC 770Dismissed

The deceased, Prafulla Nayak, was collecting seedlings from a disputed plot of land when Sukumar Roy, his father, wife and sister‑in‑law entered the field armed with a lathi and a bhali. An altercation ensued and Sukumar struck the deceased on the abdomen with the bhali, causing a deep penetrating …

STATE CBIversusSASHI BALASUBRAMANIAN AND ANR.

2006 INSC 771Appeal(s) allowed

The case arose from allegations of irregularities in the grant of an advance licence for import of cotton fabrics, leading to a criminal complaint against a company, its directors and four public servants under the IPC, Prevention of Corruption Act and Customs Act. The company and its directors …

STATE OF MAHARASHTRA AND ORS.versusRAVI PRAKASH BABULALSING PARMAR & ANR.

2006 INSC 749Appeal(s) allowed

The State of Maharashtra appealed against a High Court order that had set aside the cancellation of a Scheduled Tribe (ST) certificate issued to Ravi Prakash BabulalSing Parmar, holding that the Caste Scrutiny Committee lacked jurisdiction to inquire into the validity of the certificate and could …

M. RAJAversusCEERI EDUCATIONAL SOCIETY PILANI & ANR.

2006 INSC 748Dismissed

The appellant, a trained graduate teacher, was offered a post with pay protection and later joined the school. He claimed that the school was bound to grant him the revised pay scale of the Fifth Central Pay Commission retrospectively from his date of appointment, invoking promissory estoppel based …

M/S. B.S.N. JOSHI AND SONS LTD.versusNAIR COAL SERVICES LTD. AND ORS.

2006 INSC 750Appeal(s) allowed

Maharashtra State Power General Co. (MAHAGENCO) issued a notice inviting tenders for coal liaison services. Four firms submitted bids; the Board accepted the bid of M/s B.S.N. Joshi & Sons Ltd. (the appellant) despite objections from three other bidders that the appellant failed to meet essential …

PANDIT D. AHERversusSTATE OF MAHARASHTRA

2006 INSC 751Dismissed

The appellant, a Block Development Officer, was charged with serious misconduct causing a loss of Rs 2,85,658 to the government. A departmental inquiry found him guilty and imposed forfeiture of his entire pension and gratuity and ordered recovery of the loss. The appellant challenged the …

CHHABIL DASversusPAPPU

2006 INSC 758Dismissed

The mother of the deceased plaintiff filed a suit for permanent injunction against the appellant, claiming possession of land inherited from her husband. The plaintiff died and the appellant, an adopted son, was substituted as legal heir. The trial court dismissed both the suit and the counter‑claim …

SHYAMAL KUMAR ROYversusSUSHIL KUMAR AGARWAL

2006 INSC 759Dismissed

Shymal Kumar Roy and Sushil Kumar Agarwal entered into a development agreement in 1995. The agreement was exhibited as evidence in a suit for specific performance on 17‑02‑2003 without any objection. Two years later, Roy sought to have the document impounded under Section 38 of the Indian Stamp Act, …

SANDEEP KUMAR AND ORS.versusMASTER RITESH AND ORS.

2006 INSC 760Appeal(s) allowed

The appellants, shareholders of Dev Papers Ltd., filed a suit against several defendants. An arbitration agreement existed between the appellants and some, but not all, of the defendants. The appellants amended the plaint to delete the names of those defendants who were parties to the arbitration …

JASBIR SINGHversusPUNJAB & SIND BANK AND ORS.

2006 INSC 761Appeal(s) allowed

Jasbir Singh, a peon employed by Punjab & Sind Bank, was accused of embezzling Rs 25,000, forging a depositor's signature and tampering with bank records. He faced a criminal trial under IPC §§ 409 and 201 and was acquitted, and a civil recovery suit filed by the bank was also decided in his favour, …

THE GOVERNMENT OF ANDHRA PRADESH AND ORS.versusA. VENKATA RAYUDU

2006 INSC 763Dismissed

The Government of Andhra Pradesh dismissed A. Venkata Rayudu, a former General Manager of the Andhra Pradesh Scheduled Tribes Cooperative Finance Corporation, on four misconduct charges relating to the deposit and withdrawal of funds in cooperative and private banks. The primary charge alleged that …

BANSHI DHARversusSTATE OF RAJASTHAN AND ANR.

2006 INSC 764Dismissed

Banshidhar, a Patwari, was suspended in 1976 on allegations of accepting illegal gratification and was convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the IPC. He was dismissed in 1987 but later acquitted by the appellate court in 2001. By the time of his …

M.P. WAKF BOARDversusSUBHAN SHAH (D) BY LRS. AND ORS.

2006 INSC 765Disposed off

The Madhya Pradesh Wakf Board had declared a Dargah property as Wakf and constituted a managing committee. Private parties, claiming inheritance of the land, challenged the Board's orders and the Wakf registration, leading to a civil suit that was transferred to the Madhya Pradesh Wakf Tribunal …

JAIPUR DEVELOPMENT AUTHORITYversusRAM SAHAI AND ANR .

2006 INSC 772Case Partly allowed

The Jaipur Development Authority (JDA), a State entity, terminated the services of daily‑wage worker Ram Sahai on 1 July 1987. Sahai had not completed 240 days of continuous service and the Labour Court held that JDA had violated Sections 25G and 25H of the Industrial Disputes Act, 1947, ordering …

SAMGHAJI HARIBA PATILversusSTATE OF KARNATAKA

2006 INSC 715Appeal(s) allowed

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