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1538 judgments · newest first · showing 1201–1400

MAJOR SINGH AND ANR.versusSTATE OF PUNJAB

2006 INSC 717Disposed off

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

STATE OF MADHYA PRADESHversusMUKESH AND ORS.

2006 INSC 718Disposed off

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

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

2006 INSC 719Dismissed

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

ANIL SINGH AND ANR.versusSTATE OF BIHAR AND ORS.

2006 INSC 720Case Partly allowed

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

SUBHASH MARUTI AVASAREversusSTATE OF MAHARASHTRA

2006 INSC 721Dismissed

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

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

2006 INSC 723Appeal(s) allowed

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

UNION OF INDIA AND ORS.versusJUMMASHA DIWAN

2006 INSC 724Appeal(s) allowed

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

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

2006 INSC 727Appeal(s) allowed

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

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

2006 INSC 728Appeal(s) allowed

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

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

2006 INSC 730Appeal(s) allowed

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

STATE OF RAJASTHANversusSARJEET SINGH AND ANR.

2006 INSC 731Appeal(s) allowed

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

YUVARAJ AMBAR MOHITEversusSTTE OF MAHARASHTRA

2006 INSC 736Dismissed

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

COMMISSIONER EXCISE AND ANR.versusMANOJ ALI AND ANR.

2006 INSC 737Dismissed

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

KU. RASHMI MISHRAversusMADHYA PRADESH PUBLIC SERVICE COMMISSION AND ORS.

2006 INSC 738Dismissed

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

BALDEV SINGHversusSHINDER PAL SINGH AND ANR.

2006 INSC 739Appeal(s) allowed

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

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

2006 INSC 740

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

UNION OF INDIAversusB. VALLUVAN AND ORS.

2006 INSC 741Appeal(s) allowed

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

HARDEV MOTOR TRANSPORTversusSTATE OF M.P. AND ORS.

2006 INSC 742Appeal(s) allowed

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

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

2006 INSC 743Appeal(s) allowed

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

ADISHWAR JAINversusUNION OF INDIA AND ANR.

2006 INSC 744Appeal(s) allowed

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

PRITHIPAL SINGHversusSTATE OF PUNJAB AND ORS.

2006 INSC 745Appeal(s) allowed

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

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

2006 INSC 706Disposed off

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

RITESH CHAKARVARTIversusSTATE OF MADHYA PRADESH

2006 INSC 671Appeal(s) allowed

The appellant, Ritesh Chakravarti, was convicted under Section 8 of the NDPS Act for allegedly possessing 1,300 kg of opium seized during a raid based on a secret informer’s tip. The raid was led by a team that included Inspectors Sabiha Khatun and S.K. Bajpai, but only Sub‑Inspector Girwar Puri was …

KURUPPUSAMY AND ANR.versusSTATE OF TAMIL NADU

2006 INSC 672Case Partly allowed

The case arose from a property dispute within a joint family that escalated into a violent quarrel at a bus stop, where the deceased was assaulted with a firewood log and died the next day. Four accused were tried; two were convicted of murder (s.302 IPC read with s.34) and one of voluntarily …

KAILASHversusST ATE OF M.P.

2006 INSC 673

The appellant Kailash and two associates entered the deceased Ramkishan’s house armed with an axe, lathi and musal over a land dispute. During a quarrel the deceased received a single blow; the prosecution alleged it was an incised wound caused by the sharp side of the axe, leading to a conviction …

ZILA SAHAKARI KENDRA BANK MARYADITversusSHAHJADI BEGUM AND ORS.

2006 INSC 674Case Partly allowed

A cooperative bank owned a jeep that was requisitioned by the District Election Officer for election duties. The bank's driver, while under the officer's control, was instructed to clean a septic tank at the officer's residence and died due to a gas leak. The driver’s wife claimed compensation under …

FEROZ AHMADversusDELHI DEVELOPMENT AUTHORITY AND ORS.

2006 INSC 675Disposed off

Feroz Ahmad, a Junior Engineer appointed in 1976, sought a pay‑scale upgradation with seniority, which was denied while junior diploma‑holders received the benefit. He filed a writ petition; the Delhi High Court dismissed it, and a Letters Patent Appeal was also dismissed. On appeal, the Supreme …

PUNJAB NATIONAL BANK AND ORS.versusMANJEET SINGH AND ANR.

2006 INSC 676Appeal(s) allowed

Deposit collectors employed under various banks' Daily Deposit Schemes raised an industrial dispute seeking regular pay scales and service conditions. The dispute was referred to the Industrial Tribunal under Section 18(3)(d) of the Industrial Disputes Act, 1947, which awarded their absorption as …

TULSANversusPYARE LAL AND ORS.

2006 INSC 679Appeal(s) allowed

The parties, who were co‑sharers, filed a suit for permanent injunction which was settled by a consent decree under Order 23, Rule 1 of the CPC allocating shares in the disputed property. The respondents sought mutation of their names in the revenue records based on that decree, but the revenue …

SHEELA DEVI AND ORS.versusLAL CHAND AND ANR.

2006 INSC 680Case Partly allowed

The case concerned the devolution of a Mitakshara coparcenary property after the death of Babu Ram in 1989, who left two sons (born 1938 and 1956) and three daughters. The trial court held part of the property to be separate and part ancestral; the appellate courts affirmed, while the High Court …

COMMISSIONER OF CENTRAL EXCISEversusM/S. INDIAN ALUMINIUM CO. LTD.

2006 INSC 681Dismissed

The Commissioner of Central Excise appealed against the CESTAT order that held zinc dross and flux skimming, by-products of aluminium sheet manufacture, to be non‑excisable. The Revenue argued that the revised Central Excise Tariff (heading 26.20) now classifies such residues as "ash and residues" …

BEED DISTRICT CENTRAL CO-OPERATIVE BANK LTD.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 682Appeal(s) allowed

The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed …

MOTI LAL SARAFversusSTATE OF JAMMU & KASMIR AND ANR.

2006 INSC 683Appeal(s) allowed

Motilal Saraf, a former manager of the State Bank of India, was repeatedly charged under the Jammu & Kashmir Prevention of Corruption Act for allegedly receiving illegal gratification. After an initial charge sheet was quashed by the High Court for lack of a valid sanction, the State filed fresh …

S. CHINNASAMY AND ANR.versusSEED INSPECTOR, COIMBATORE AND ANR.

2006 INSC 684Case Partly allowed

The appellants, S. Chinnasamy and R. Soundarajan, were found operating a seed shop without a valid licence and in violation of the Seeds (Control) Order, 1983. A seed inspector seized a small quantity of cotton and tomato seeds, noted the absence of a price list and records, and the Special Judge …

TARAKESHWAR SAHUversusSTATE OF BIHAR (NOW JHARKHAND)

2006 INSC 666Case Partly allowed

The appellant, Tarakeshwar Sahu, was convicted by the trial court and the Jharkhand High Court of rape under sections 376/511 IPC for forcibly taking a 12‑year‑old girl to his gumti with intent to commit sexual intercourse, although the girl was rescued before any act was completed. The Supreme …

GHANSHYAMversusSTATE OF M.P. AND ORS.

2006 INSC 665Dismissed

Ghanshyam, a tenant, alleged that his landlord Surya Prasad (respondent No.3) illegally evicted him with armed men on 8 November 1986, causing serious injuries. An FIR under Sections 147 and 307 IPC was lodged and a charge‑sheet filed, but the Public Prosecutor later moved an application under …

BALBIR SINGH AND ANR.versusSTATE OF PUNJAB

2006 INSC 656Case Partly allowed

The deceased Amarjit Kaur died from severe burns after allegedly being set alight by her husband Balbir Singh and mother‑in‑law Nachattar Kaur. Two dying declarations were recorded – one by a doctor in the hospital and another by a police sub‑inspector – both implicating the husband, while the …

ST ATE OF BIHAR AND ORS.versusAMRENDRA KUMAR MISHRA

2006 INSC 657Appeal(s) allowed

The State of Bihar advertised 225 posts of Livestock Assistants and selected Amrendra Kumar Mishra in 1992. Although an appointment letter was allegedly sent, Mishra did not join and later claimed he never received it, filing representations in 1994, 1995, 1999 and 2000. After a writ petition in …

STEEL AUTHORITY OF INDIA LTD.versusUNION OF INDIA AND ORS.

2006 INSC 659Appeal(s) allowed

The Steel Authority of India Ltd., a government company, engaged contractors to manufacture steel, and workers employed by those contractors claimed they were permanent employees of the company and sought absorption. The State Government referred the dispute to a Labour Court under Section 10(1)(c) …

SURENDRA SINGH GAURversusSTATE OF M.P. AND ORS.

2006 INSC 643Dismissed

Surendra Singh Gaur, originally appointed as Assistant Agriculture Engineer in Madhya Pradesh, voluntarily requested transfer to the Irrigation Department in 1975, where he was absorbed as Assistant Engineer in 1981. The Agriculture Department later granted him a proforma promotion to Class‑I …

ANDHRA PRADESH PUBLIC SERVICE COMMISSIONversusP. CHANDRA MOULEESWARE REDDY AND ORS.

2006 INSC 613Dismissed

The Andhra Pradesh Public Service Commission (APPSC) advertised 19 Deputy Superintendent of Police posts, but the State Government later directed it to recommend only ten candidates. The APPSC complied, and the remaining three applicants challenged the direction. The Andhra Pradesh Administrative …

JAY ENGINEERING WORKS LTD.versusINDUSTRY FACILITATION COUNCIL AND ANR.

2006 INSC 614Appeal(s) allowed

Jay Engineering Works Ltd., a sick industrial company, was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 and a rehabilitation scheme was approved in 2003. Respondent No.2 (Diamond Wire Industries) claimed interest on delayed payments under the Interest on Delayed …

MUNICIPAL CORPORATION OF DELHIversusRISHI RAJ JAIN AND ANR.

2006 INSC 615Disposed off

The respondent, owner of a 2.5‑acre farmhouse in the agricultural green belt of Delhi, constructed a dwelling house on the land. The Municipal Corporation of Delhi (MCD) levied General Tax under Section 115 of the Delhi Municipal Corporation Act, 1957, treating the entire farm as taxable. The High …

ANTONIO S.C. PEREIRAversusRICARDINA NORONHA (D) BY LRS.

2006 INSC 616Appeal(s) allowed

The dispute concerned a property bequeathed under a will that was allegedly altered, and later declared as evacuee property under the Goa Administration Evacuee Property Act, 1964. While a civil suit seeking declaration of title was pending since 1993, the High Court, in a writ petition, set aside a …

I. NELSON AND ANR.versusKALLAYAM PASTORATE AND ORS.

2006 INSC 617Appeal(s) allowed

The Indian Evangelical Lutheran Church, originally registered under the Societies Registration Act, 1860, later fell under the Tamil Nadu Societies Registration Act, 1975. After elections were conducted under an Advocate Commissioner, the Commissioner reported that the society had become defunct. …

PITTA NAVEEN KUMAR AND ORS.versusRAJA NARASAIAH ZANGITI AND ORS.

2006 INSC 618Case Partly allowed

The Andhra Pradesh Public Service Commission conducted a multi‑stage recruitment for 30‑plus Group‑I posts, fixing a 66% cut‑off based on a 1:50 vacancy‑to‑candidate ratio. Several government orders (GOMs 164, 133 and 200) later altered age limits and reduced the cut‑off to 61%, allegedly to …

M. GURUDAS AND ORS.versusRASARANJAN AND ORS.

2006 INSC 599Appeal(s) allowed

The case concerned a dispute over several properties in Bangalore, where the respondents claimed that Nirmala, a natural daughter of Kadarappa, had been adopted by her uncle Obalappa and therefore inherited his estate. The Supreme Court examined whether a daughter can be validly adopted under Hindu …

STATE ROAD TRANSPORT CORPORATIONversusMAN SINGH

2006 INSC 600Case Partly allowed

Man Singh was appointed as a temporary conductor by the U.P. State Road Transport Corporation on 20 July 1974 and was terminated on 23 July 1975 for alleged misconduct. He raised an industrial dispute on 14 September 1986, more than a decade after his termination. The Labour Court held that the …

SABITHA RAMAMURTHY AND ANR.versusR.B.S. CHANNABASAVARADHA

2006 INSC 601Appeal(s) allowed

The appellants were alleged to have issued two cheques on behalf of Karnataka News Net (Bangalore) Ltd. which were later dishonoured. A complaint under Section 138 of the Negotiable Instruments Act was filed, invoking Section 141 to hold the directors vicariously liable. The complaint, however, …

M.P. STATE ELECTRICITY BOARDversusUNION OF INDIA AND ORS.

2006 INSC 602Directions issued

The Madhya Pradesh State Electricity Board (MPSEB) challenged two notifications issued by the Central Government fixing the dissolution date of the erstwhile MPSEB as 15‑Nov‑2000 and apportioning assets, rights and liabilities between MPSEB and the newly formed Chhattisgarh State Electricity Board …

TEA AUCTION LTD.versusGRACE HILL TEA INDUSTRY & ANR.

2006 INSC 603Case Partly allowed

Tea Auction Ltd. sued Grace Hill Tea Industry for a sum of about Rs.37.26 lakh with interest. An ex‑parte decree was passed against Grace Hill for non‑appearance. The Single Judge of the Calcutta High Court allowed the decree to be recalled but conditioned it on the defendant furnishing security of …

NOBLE RESOURCES LTD.versusSTATE OF ORISSA AND ANR

2006 INSC 607

Noble Resources Ltd. entered into a contract with the Orissa state-owned corporation OMC Ltd. to supply specified quantities of iron‑ore fines of grades A, B and C at agreed prices. OMC later refused to supply the remaining C‑grade quantity, citing a sharp rise in international prices and cancelled …

SANJAY KUMAR MANJULversusTHE CHAIRMAN, UPSC AND ORS.

2006 INSC 608Appeal(s) allowed

The Supreme Court considered an appeal by Sanjay Kumar Manjul against a High Court order that had allowed Dr. S. Rajavelu’s writ petition challenging his exclusion from the UPSC’s direct recruitment for the post of Superintending Archaeologist. The dispute centered on whether field experience in …

JAIPUR ALOO AARATIYA SANGH AND ORS.versusSTATE OF RAJASTHAN AND ORS.

2006 INSC 609Case Partly allowed

The Rajasthan High Court, in a suo motu public interest litigation, ordered a ban on truck entry into Jaipur and directed the shift of the Phal Sabzi Mandi from Lal Kothi to Mohana within eight months to alleviate traffic congestion. The State of Rajasthan proposed a notification under the Rajasthan …

B.S.N.L. AND ORS.versusM/S. SUBASH CHANDRA KANCHAN AND ANR.

2006 INSC 610

The appellant B.S.N.L. entered into a works contract containing an arbitration clause that designated the Chief Engineer (or administrative head) of the Telecommunication/Postal Department to appoint the arbitrator. After the appellant’s Managing Director failed to respond to the respondent’s …

M/S. SNEH ENTERPRISESversusCOMMNR. OF CUSTOMS, NEW DELHI

2006 INSC 587Appeal(s) allowed

Sneh Enterprises imported lead‑acid batteries from Taiwan, which landed in Mumbai on 16‑April‑2002 and were trans‑shipped to Delhi where the Bill of Entry was filed on 22‑May‑2002. On the same day the Central Government issued a notification under Section 9A of the Customs Tariff Act, 1975 imposing …

COMMNR. OF CENTRAL EXCISE, CALCUTTAversusM/S. PANIHATL RUBBER LTD

2006 INSC 589

M/s. Paniha​ti Rubber Ltd., a manufacturer of hose pipes supplied to Indian Railways, paid central excise duty under protest after the goods were classified under sub‑heading 4009.92 despite its claim that they should fall under 4009.99 with nil duty. The company sought a refund of the duty paid, …

STATE OF MADHYA PRADESH AND ORS.versusYOGESH CHANDRA DUBEY AND ORS.

2006 INSC 590Appeal(s) allowed

The respondents were engaged on daily wages by the State of Madhya Pradesh without any advertisement, vacancy notification, or sanction of a post, violating the statutory recruitment rules. They sought regularisation and payment of the minimum pay scale of the post they were working in, which the …

M. MEENAKSHI AND ORS.versusMETADIN AGARWAL(D) BY LRS. AND ORS.

2006 INSC 562Appeal(s) allowed

The defendants, owners of excess land under the Urban Land (Ceiling & Regulation) Act, 1976, entered into a sale agreement with the plaintiffs that was expressly conditioned on obtaining a statutory sanction. The competent authority refused the sanction, stating that no 1,000 sq. metres of vacant …

RAMDEV FOOD PRODUCTS PVT. LTD.versusARVINDBHAI RAMBHAI PATEL AND ORS.

2006 INSC 563Appeal(s) allowed

Ramdev Food Products Pvt. Ltd., the registered proprietor of the trademark "Ramdev", sued its former family partners who were operating under the name "Ramdev Masala" for infringing its mark by manufacturing and selling spices under that name. The parties had earlier entered into a user agreement …

JAGDISH MURAVversusSTATE OF U.P. AND ORS.

2006 INSC 541Appeal(s) allowed

The appellant Jagdishmura was charged under Section 307 IPC for allegedly firing a pistol at the neck of PW‑2, a driver, in an attempt to murder him. The trial court acquitted him, finding the key witnesses’ statements contradictory, the motive unestablished, and the FIR ante‑dated and improperly …

STATE INSPECTOR OF POLICE, VISAKHAPATNAMversusSURYA SANKARAM KARRI

2006 INSC 542Dismissed

The respondent, a Chief Commercial Inspector of the South Eastern Railway, was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. The conviction was set aside by the High Court on the ground that the sanction for …

RAMJEE RAI AND ORSversusST A TE OF BIHAR

2006 INSC 543Dismissed

The appellants, a group of villagers, forcibly took the deceased Baijnath Singh and his brother onto a boat, assaulted Singh, resulting in his death; the body was recovered after five days and identified by several eye‑witnesses. The trial court convicted the accused under Sections 302, 34 and 201 …

TULSI AND ORS.versusCHANDRIKA PRASAD AND ORS.

2006 INSC 544Dismissed

The appellant had earlier mortgaged a portion of a house to a third party and later executed a single document selling the entire house to the respondents, which contained a right to redeem the mortgage. The respondents attempted to redeem, were refused, and filed suit for redemption and specific …

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S. PUNJAB LAMINATES PVT. LTD.

2006 INSC 545Dismissed

Punjab Laminates Pvt. Ltd. manufactured paper‑based decorative laminated sheets and classified them under Chapter 39 of the Central Excise Tariff Act, 1985. The Commissioner of Central Excise argued that the goods should fall under sub‑heading 4823.90 of Chapter 48 and that the exemption under …

KISHORI LALversusSALES OFFICER, DISTRICT LAND DEVELOPMENT BANK AND ORS.

2006 INSC 546Appeal(s) allowed

Kishori Lal, an agriculturist, obtained a loan from the District Land Development Bank in 1971 and mortgaged his agricultural land as security. He was a minor at the time of the loan, defaulted on repayment and the bank initiated recovery proceedings culminating in an auction of the mortgaged land. …

SANDEEP SUBHASH PARATEversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 547Appeal(s) allowed

The appellant, a student, claimed membership in the Halba Scheduled Tribe to obtain admission to a Bachelor of Engineering program, but the Caste Scrutiny Committee later invalidated his caste certificate. He continued his studies under interim orders of the High Court, completed the course, and …

SURENDRA AND ANR.versusSTATE OF MAHARASHTRA

2006 INSC 548Appeal(s) allowed

The appellants, two brothers, were convicted of murder (Sec. 302 IPC) and causing hurt (Sec. 324 IPC) for the death of their uncle Devaji and injuries to his children during a property‑related dispute. They claimed they acted in private defence after being attacked by the deceased and his son, who …

BIHAR STATE FINANCIAL CORPN. AND ORS.versusMIS. CHEMICOT INDIA PVT. LTD. AND ORS.

2006 INSC 550Appeal(s) allowed

The Bihar State Financial Corporation, a statutory body under the State Financial Corporations Act, 1951, approved a loan to a small‑scale industrial unit and later agreed to an additional term loan of Rs 15 lakhs conditioned on the submission of a DGTD registration certificate. The loan agreement …

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

2006 INSC 551Appeal(s) allowed

MIS O.N.G.C. Ltd imported 3‑D seismic tapes and claimed exemption from customs duty under the 1999 notification, which required an Essentiality Certificate (EC) issued by the Directorate General of Hydrocarbons and a valid Petroleum Exploration Licence (PEL). The original licence expired on …

JAI NARAIN PARASRAMPURIA (DEAD) AND ORS.versusPUSHPA DEVI SARAF AND ORS.

2006 INSC 552Appeal(s) allowed

The promoters of a proposed company purchased a house and land before incorporation and later transferred the title to the incorporated company, which was declared the owner by a decree. The promoters, acting as directors, subsequently entered into a sale agreement with the appellants and also …

RANGNATH HARIDASversusDR. SHRIKANT B. HEGDE

2006 INSC 539Disposed off

The respondent purchased a flat from the appellant under an agreement dated 16 September 1985 and later filed a suit for specific performance. During the suit the parties executed a consent decree on 1 November 1991, confirming the original agreement and setting reciprocal obligations: the appellant …

RAM BADAN SHARMAversusSTATE OF BIHAR

2006 INSC 528Dismissed

The Supreme Court examined the case of Ram Badan Sharma and his father-in‑law, who were accused of killing their daughter‑in‑law Sanju Kumari by poisoning her after persistent demands for a colour TV, a motorcycle and cash. The prosecution proved that the accused repeatedly demanded dowry, harassed …

RASHTRIYA ISPAT NIGAM LIMITED AND ANR.versusM/S VERMA TRANSPORT COMPANY

2006 INSC 495Appeal(s) allowed

Rastriya Spat Nigam Ltd. entered into a consignment agency contract with Verma Transport Company that contained an arbitration clause. The appellant terminated the contract and issued a show‑cause notice to blacklist the respondent. The respondent filed a suit for a permanent injunction against …

STATE OF PUNJAB AND ORS.versusM/S. AMRITSAR BEVERAGES LTD. AND ORS.

2006 INSC 496Appeal(s) allowed

The Punjab Sales Tax Department seized a hard disk containing the dealer's books and documents under Section 14(3) of the Punjab General Sales Tax Act, 1948. The dealer failed to cooperate, and the High Court ordered the return of the seized material and imposed personal costs on the officers. On …

MRS. SUSETHAversusSTATE OF TAMIL NADU AND ORS.

2006 INSC 497Dismissed

The Okkiam Thoraipakkam Gram Panchayat resolved to build a shopping complex on a disused temple tank to resettle families displaced by a highway expansion, and the Tamil Nadu Government issued a GO permitting the construction. Ms. Susetha filed a writ petition alleging that the tank, as a water …

ANAND REGIONAL CO-OP. OIL SEEDSGROWERS UNION LTDversusSHAILESHKUMAR HARSHADBHAI SHAH

2006 INSC 498Case Partly allowed

The appellant, Anand Regional Co‑op Oil Seeds Growers Union Ltd., dismissed Shailesh Kumar Harshadbhai Shah, an Assistant Executive in its Quality Control Department, for alleged misconduct. Shah challenged the dismissal, contending that he was not a "workman" under Section 2(s) of the Industrial …

MUNICIPAL COUNCIL, SAMRALAversusSUKHWINDER KAUR

2006 INSC 499Disposed off

The Municipal Council of Samrala appointed Sukhwinder Kaur as a clerk on a contractual, temporary basis, expressly stating that the Executive Officer could dismiss her without notice. She was appointed and terminated three times within eighteen months. The Labour Court held that her dismissal …

STATE OF ORISSA AND ANR.versusASWINI KUMAR BALIARSINGH

2006 INSC 500Appeal(s) allowed

The respondent, Aswini Kumar Baliarsingh, was appointed as an Assistant Teacher but the Inspector of Schools initially refused to approve the appointment. A writ petition before the High Court on 3 September 1997 directed the Inspector to approve the appointment, which was carried out on 19 February …

ASHOK KUMAR SAHUversusUNION OF INDIA AND ORS.

2006 INSC 501Appeal(s) allowed

Ashok Kumar Sahu, an IPS officer on suspension after completing 20 years of service, applied for voluntary retirement under Rule 16(2A) of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. The Central Government referred the matter to the Joint Cadre Authority, which approved the …

NATIONAL TEXTILE CORPORATION (GUJARAT)versusSTATE BANK OF INDIA AND ORS.

2006 INSC 502Appeal(s) allowed

The Supreme Court examined claims by State Bank of India and other banks for compensation under the Sick Textile Undertakings (Nationalisation) Act, 1974 after the management of a sick textile mill was taken over by an authorised controller under the Industries (Development and Regulation) Act, …

PRINCIPAL, MEHAR CHAND POLYTECHNIC AND ANR.versusANU LUMBA AND ORS.

2006 INSC 504Case Partly allowed

The respondents were appointed as Assistant Computer Instructors on a purely temporary basis under a Community Polytechnics project funded by the Ministry of Human Resource Development. No vacancy had been advertised, nor was the post notified to the Employment Exchange, and the appointments were …

FIRDOUS OMER (D) BY LRS. AND ORS.versusBANKIM CHANDRA DAW (D) BY LRS. AND ORS.

2006 INSC 478Appeal(s) allowed

The plaintiffs filed a suit for declaration of tenancy and injunction, but the plaintiff died and his legal representatives were added. After years of inactivity, the suit was posted before the trial judge under Rule 35 of the Calcutta High Court Original Side Rules and dismissed for …

R.S. GARGversusSTATE OF U.P. AND ORS.

2006 INSC 475Appeal(s) allowed

The appellant R.S. Garg challenged the promotion of a Scheduled Caste employee (the 3rd respondent) to Deputy Director of Factories (Administration) in Uttar Pradesh. The employee had been appointed on an ad‑hoc basis in violation of the Uttar Pradesh Labour Department (Factories and Boilers …

UNION OF INDIA AND ANR.versusMANIK LAL BANERJEE

2006 INSC 469Appeal(s) allowed

The case concerned whether a railway employee who retired on 31 January 1995 was entitled to gratuity under the Payment of Gratuity Act, 1972 or whether the Railway Services (Pension) Rules, 1993 governed his benefit. The Union of India argued that Section 2(e) of the 1972 Act expressly excludes …

SADHU SINGHversusDARSHAN SINGH AND ANR.

2006 INSC 470Dismissed

The appellant Sadhu Singh was declared elected Sarpanch of a Gram Panchayat by a margin of 11 votes. The respondent Darshan Singh filed an election petition alleging that 147 votes were wrongly rejected and that 25 of his ballots were intermingled with those of the appellant, and sought a recount. …

VIJAYversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 471Dismissed

Vijay was elected a member of a Grampanchayat in 2000 and later elected as a Councillor of the Zilla Parishad. An amendment to Section 14(1)(J‑2) of the Bombay Village Panchayats Act, 1958, effective 8 August 2003, disqualified any person who had been elected as a Councillor of the Zilla Parishad …

P.R. PRABHAKARversusCOMMISSIONER OF INCOME TAX, COIMBATORE

2006 INSC 443Appeal(s) allowed

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

SABBI MALLESU AND ORS.versusSTATE OF ANDHRA PRADESH

2006 INSC 423Disposed off

The case arose from a violent dispute over a bund in which a large number of persons were alleged to have participated. The FIR named fifteen persons, but thirty‑nine were tried. The trial court convicted six accused, including the appellants, under Sections 302/149 IPC despite the charge sheet …

ALLAHABAD DEVELOPMENT AUTHORITY AND ANR.versusSABIA KHAN AND ANR.

2006 INSC 418Appeal(s) allowed

The Allahabad Development Authority (ADA) levied water, malwa, sub‑division, development and open‑space charges on property owners, which were challenged by Sabia Khan and others in writ petitions. The Allahabad High Court struck down the charges, holding them impermissible, without conducting a …

STATE BANK OF INDIA AND ANR.versusMULA SAHAKARI SAKHAR KARKHANA LTD.

2006 INSC 405Appeal(s) allowed

The cooperative society Mula Sahakari Sakhar Karkhana Ltd. entered into a turnkey contract for a paper plant with Pentagon Engineering, which required a 10% retention amount to be secured by a bank guarantee. State Bank of India issued a document on 4 September 1985 that purported to indemnify the …

KULDEEP SINGHversusGOVT. OF NCT OF DELHI

2006 INSC 406Dismissed

The Government of NCT of Delhi invited applications for L‑52 liquor licences for 2004‑05, but later announced a policy to stop issuing fresh licences. The appellants, who had applied before the policy change, claimed that they had an accrued right and a legitimate expectation to be granted licences, …

POPULAR MUTHIAHversusSTATE OF TAMIL NADU

2006 INSC 383Appeal(s) allowed

The case arose from a 1992 murder where the charge sheet omitted two alleged participants, Popular Muthiah and Murugan, although eye‑witnesses identified them. Only Nallakannu (Muthu) was tried, convicted and sentenced to life imprisonment. On appeal, the Madras High Court, exercising its appellate …

M.S. NARAYANAN MENON @ MANIversusSTATE OF KERALA AND ANR.

2006 INSC 384Appeal(s) allowed

The appellant, a share broker, was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque issued to a member of the Cochin Stock Exchange. He contended that the cheque was given as security, not in discharge of any debt, and that he had discharged the initial …

STATE OF PUNJABversusSOHAN SINGH

2006 INSC 344Dismissed

The State of Punjab prosecuted Junior Engineer Sohan Singh under Sections 13(1) and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a bribe of Rs 200 to release an electric connection. The trial court convicted him, but the Punjab & Haryana High Court acquitted …

STTE OF PUNJAB & ANR.versusH.B. MALHOTRA

2006 INSC 324Dismissed

The respondent, H.B. Malhotra, a Punjab civil servant, faced disciplinary proceedings which he sought to avoid by offering to retire voluntarily on health grounds. The State accepted the offer, dropped the disciplinary case, but failed to release his retiral benefits. He filed a writ petition; the …

NATIONAL FERTILIZERS LTD. & ORS.versusSOMVIR SINGH

2006 INSC 325Appeal(s) allowed

National Fertilizers Ltd., a government company, imposed a ban on recruitment in its Marketing Division but nevertheless appointed 52 employees without advertising or notifying the employment exchange, in breach of its own Recruitment and Promotion Rules and the Employment Exchange Act. Various High …

PANCHANAN OHARA AND ORS.versusMONMATHA NATH MAITY (DEAD) TH. LRS. & ANR.

2006 INSC 328Dismissed

The appellant, a subsequent purchaser of a suit property, challenged a decree granting specific performance of an agreement for sale entered into between the original buyer (Respondent No.1) and a private limited company (Respondent No.2). The company had promised to execute and register a sale deed …

V.C. BANARAS HINDU UNIVERSITY & ORS.versusSHRIKANT

2006 INSC 329Disposed off

Dr. Shrikant, a lecturer at Banaras Hindu University, applied for leave to accompany his wife to the UK and attend a conference, receiving departmental recommendation but not the Vice Chancellor's sanction. He travelled abroad without explicit permission, later returned and submitted a joining …

K.K. PARMAR AND ORS.versusH.C. OF GUJARAT TH. REGISTRAR & ORS.

2006 INSC 330Case Partly allowed

The appellants, assistants of the Gujarat High Court, challenged their exclusion from promotion to Section Officer, arguing that a 1982 Government Resolution limited the "zone of consideration" to three times the vacancies and that the selection process violated Rule 47(2) by not assigning marks for …

U. RAGHAVENDRA ACHARYA AND ORS.versusSTATE OF KARNATAKA AND ORS.

2006 INSC 331Appeal(s) allowed

The appellants were retired teachers of university and private aided colleges in Karnataka who retired between 1 January 1996 and 31 March 1998. They had been placed on par with government college teachers and were governed by the UGC pay scales, which were revised with effect from 1 January 1996. …

UMRAOversusSTATE OF HARYANA AND ORS.

2006 INSC 332Dismissed

Umrao filed a FIR alleging that when he, his son Rajinder and his brother went to a tube‑well owned by the brother, the accused were removing an electric motor from it. A quarrel ensued and the accused struck Rajinder and others with various weapons. Rajinder was hospitalized, discharged on 25 …

RAVINDER SINGH GORKHIversusSTATE OF U.P.

2006 INSC 333Dismissed

The appellant, R. S. Gorkhi, was convicted of murder committed on 15‑05‑1979 and claimed he was a minor at the time, seeking protection under Section 2(4) of the Uttar Pradesh Children Act, 1951. The Sessions Judge had relied solely on a school leaving certificate, dated 1998, which recorded his …

U.P. STATE SUGAR CORPORATION LTD. AND ANR.versusSANT RAJ SINGH & ORS.

2006 INSC 335Appeal(s) allowed

The case concerned a supervisory‑B employee of a sugar mill who, after the mill was nationalised under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, sought to be placed in the corporation’s higher pay scale that was being paid to two other employees – one whose higher pay was …

M.P. GANGADHARAN AND ANR.versusSTATE OF KERALA AND ORS.

2006 INSC 336Dismissed

The State of Kerala had established a Family Court at Manjeri in 1999, but due to inadequate facilities the Bar Association sought its relocation to the district headquarters at Malappuram. The High Court recommended the shift, and the State Government issued an order effecting it. The appellants …

STATE OF HIMACHAL PRADESHversusKARANVIR

2006 INSC 337Appeal(s) allowed

The State of Himachal Pradesh appealed a High Court revision that set aside the conviction of Karanvir, a postmaster, under Section 409 of the IPC for misappropriating Rs. 8,000 entrusted to him for the purchase of National Savings Certificates. The complainant had deposited the amount with the …

DHAMPUR SUGAR MILLS LTD.versusCOMMISSIONER OF TRADE TAX, U.P.

2006 INSC 338Dismissed

Dhampur Sugar Mills Ltd entered into a licence deed to use a sugar mill, agreeing to pay the licence fee largely in molasses. The revenue department assessed trade tax on the molasses, treating it as a sale under the Uttar Pradesh Trade Tax Act, 1948. The appellant argued that the molasses payment …

HOWRAH MILLS CO. LTD. AND ANR.versusMD. SHAMIM AND ORS.

2006 INSC 339Appeal(s) allowed

Howrah Mills Co. Ltd., a company under the Board for Industrial and Financial Reconstruction (BIFR), sought to sell a portion of its land to revive its industry. While the sale process was advanced, certain respondents, claiming fractional ownership, interfered with the company's possession and the …

STATE BANK OF BIKANER AND JAIPURversusOM PRAKASH SHARMA

2006 INSC 340Appeal(s) allowed

Om Prakash Sharma, a casual worker of State Bank of Bikaner and Jaipur, was terminated after three and a half months and replaced by a junior employee. He raised an industrial dispute and the appropriate Government referred the question of whether his termination violated Section 25H of the …

NORTH EASTERN KARNATAKA R.T. CORPORATIONversusASHAPPA AND ANR.

2006 INSC 341Appeal(s) allowed

The respondent, Ashappa, a conductor employed by North Eastern Karnataka Road Transport Corporation, was absent without authorization for more than three years between November 1990 and December 1993 and repeatedly failed to report to duty despite notices. A departmental proceeding dismissed him for …

BUDH SINGH AND ORS.versusSTATE OF U.P.

2006 INSC 342Appeal(s) allowed

The appellants, Budh Singh and five others, were charged with murdering Ram Gopal and his wife Chatarvati and attempting to murder their son Rajveer Singh over a land dispute. The prosecution’s case relied on an FIR lodged at 00:25 on 13 April 1992, which reached the court on 18 April, and on …

STATE OF U.P. AND ORS.versusSARAYA INDUSTRIES LTD.

2006 INSC 343Dismissed

The State of Uttar Pradesh introduced a policy requiring distilleries to affix security holograms on liquor containers and, through a series of circulars, presumed that any hologram not produced before an Authorized Committee was lost and that the distillery must pay excise duty on the notional …

M/S. CENTROTRADE MINERALS & METAL INC.versusHINDUSTAN COPPER LTD.

2006 INSC 310Matter referred to larger bench

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing a clause that provided for arbitration in India and, if either party was dissatisfied, a second arbitration in London whose award would be binding. The Indian arbitrator issued a NIL award, after which …

SUNNY KAPOORversusSTATE (UT OF CHANDIGARH)

2006 INSC 293Appeal(s) allowed

The deceased businessman Satish Kumar Mehra was found dead near Udyog Bhavan, Chandigarh, and rickshaw pullers including Sunny Kapoor were charged with murder under Sections 302 and 34 of the IPC. The trial court convicted them based largely on circumstantial evidence and alleged extra‑judicial …

NAYINI NARASIMHA REDDYversusDR. K. LAXMAN AND ORS.

2006 INSC 295Dismissed

In the 2004 Musheerabad Assembly election, the appellant N. Narasimha Reddy lost by 240 votes and the respondent Dr. K. Laxman filed an election petition challenging the result. The petition sought summons of several voters as witnesses, alleging that their testimony was essential to prove that the …

MUNICIPAL COUNCIL, SUJANPURversusSURINDER KUMAR KUMAR

2006 INSC 296Appeal(s) allowed

The Municipal Council, Sujanpur terminated Surinder Kumar, a daily‑waged worker appointed in violation of its recruitment rules and allegedly as a supervisor. The Labour Court held that Kumar was a workman who had completed the requisite 240 days of work and ordered his reinstatement with full back …

LT. GOVERNOR, NCT AND ORS .versusVED PRAKASH @ VEDU

2006 INSC 298Appeal(s) allowed

The Lt. Governor of the NCT and other officials initiated externment proceedings against Ved Prakash @ Vedu under Section 47 of the Delhi Police Act, 1978, alleging that his movements caused alarm and danger and that witnesses were unwilling to testify due to fear. An order directing his removal …

SANJA Y SITARAM KHEMKAversusSTTE OF MAHARASHTRA AND ORS.

2006 INSC 299Dismissed

The petitioner, a jewellery businessman, alleged that two respondents conspired against him, leading to false criminal cases and defamatory media coverage. He filed a writ petition in the Bombay High Court seeking investigation, compensation, and other reliefs, which the High Court dismissed on the …

ASHOK KUMAR AND ORS.versusSTATE OF TAMIL NADU

2006 INSC 300Dismissed

The deceased Kumararaja and the appellants were co‑parceners disputing ownership of a piece of agricultural land. On the day of the incident the deceased went to plough the land, was threatened by the appellants, and asked two villagers (PW‑I and PW‑II) to accompany him. While the deceased was …

N. BIRENDRA SINGHversusL. PRIYOKUMAR SINGH AND ORS.

2006 INSC 301Disposed off

The petitioners, who had been regularised as Assistant Engineers with retrospective effect from their ad‑hoc appointments, challenged a seniority list prepared by the State of Manipur that did not reflect their seniority. A Single Judge of the Gauhati High Court quashed the final seniority list and …

SAHEBRAO AND ANR.versusSTATE OF MAHARASHTRA

2006 INSC 284Dismissed

Sahebrao and Bhausaheb, husband and brother-in-law of Sangita, repeatedly demanded additional dowry (Rs 10,000 and a tape recorder) after her marriage, subjecting her to mental and physical cruelty. Within four months of marriage Sangita complained of harassment, was beaten, and eventually committed …

INDERPREET SINGH KAHLON AND ORS.versusSTA TE OF PUNJAB AND ORS.

2006 INSC 288Disposed off

The Supreme Court examined the termination of over 150 civil and judicial officers appointed by the Punjab Public Service Commission during the tenure of its chairman, who was alleged to have taken bribes and corrupted the selection process. The appellants argued that their services were dismissed …

HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD.versusMAMNI

2006 INSC 275Modified

The respondent was engaged on an ad‑hoc basis as a Junior Technician for successive 89‑day periods from 1990 to 1992, each appointment ending with a one‑ or two‑day gap before the next. She was terminated on 7 August 1992 and later raised an industrial dispute. The Labour Court ordered her …

ANIL RISHIversusGURBAKSH SINGH

2006 INSC 277Appeal(s) allowed

The plaintiff filed a suit seeking a declaration that a sale deed dated 26‑03‑1991 was forged and therefore void. The defendant denied the allegation. The trial court, on the plaintiff's application, reframed the issue to question the validity of the deed, and the High Court upheld this reframing, …

I. I. T.KANPURversusUMESH CHANDRA AND ORS.

2006 INSC 278Appeal(s) allowed

The appellant, Indian Institute of Technology Kanpur, appointed the respondent as Senior Pilot Instructor (Glider) with a superannuation age of 60 years. The respondent claimed that his post was an academic one and therefore his retirement age should be 62 years, obtaining a writ order from the …

NAGAR MAHAPALIKA (NOW MUNICIPAL CORPN.)versusSTATE OF U.P. AND ORS.

2006 INSC 279Case Partly allowed

The Uttar Pradesh Municipal Corporation (Nagar Mahapalika) appointed several workers as apprentices on an ad‑hoc basis before the State sanctioned the temporary posts for which they were purportedly hired. After the sanctioned period ended, the workers were terminated. The Labour Court held that, …

PREM SINGH AND ORS.versusBIRBAL AND ORS.

2006 INSC 280Appeal(s) allowed

The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed …

A. JITENDRANA THversusJUBILEE HILLS COOP. HOUSE BLD. SOC. AND ANR.

2006 INSC 281Disposed off

The appellant, whose mother had been provisionally allotted a plot by Jubilee Hills Cooperative Society, sought the same plot or an alternative after the society cancelled the provisional allotment for non‑payment and allotted the land to another member (S). The appellant obtained an award from the …

STATE OF MAHARASHTRA AND ORS.versusNAGPUR DISTILLERS, NAGPUR AND ANR.

2006 INSC 272Appeal(s) allowed

The State of Maharashtra issued a demand for a fee under Rule 5(2) of the Bombay Rectified Spirit (Transport in Bond) Rules, 1951 against Nagpur Distillers, which purchases rectified spirit and extra neutral alcohol from other distilleries for manufacturing Indian Made Foreign Liquor (IMFL). The …

RAJ SINGHversusACHAL MISHRA AND ORS.

2006 INSC 270Appeal(s) allowed

The Supreme Court had earlier remitted a 1979 writ petition filed by Raj Singh, the occupant, to the Allahabad High Court on the condition that he deposit Rs 3,00,000 as arrears of rent. Raj Singh failed to pay the amount within the stipulated time, leading the High Court to dismiss his writ …

ACHAL MISHRAversusRAMA SHANKAR SINGH AND ORS.

2006 INSC 271Disposed off

The Supreme Court had earlier directed the tenants to deposit Rs 3,00,000 as a condition precedent for pursuing their writ petition concerning arrears of rent on a building occupied for 26 years without payment. The tenants applied for clarification, contending that a payment of Rs 1,45,860 made on …

NEW INDIA ASSURANCE CO. LTD.versusHARSHADBHAI AMRUTBHAI MODHIYAND ANR.

2006 INSC 263Appeal(s) allowed

An employer had taken a Workmen's Compensation insurance policy with New India Assurance. After a workman's death, the Workmen's Compensation Commissioner awarded Rs. 2,25,220 plus 9% interest and directed the insurer to pay the amount. The insurer appealed, contending that its policy expressly …

P.D. AGRAWALversusSTATE BANK OF INDIA AND ORS.

2006 INSC 264Dismissed

P.O. Agrawal, a junior manager of State Bank of India, was repeatedly accused of misbehaving with senior officers and customers, leading to suspension and a series of disciplinary proceedings. After being acquitted in criminal trials, the bank’s disciplinary authority dismissed him, despite one …

OSWAL WOOLEN MILLS LTD.versusPUNJAB STATE ELECTRICITY BOARD & ANR.

2006 INSC 265Disposed off

Oswal Woolen Mills Ltd., an industrial electricity consumer, was subjected to a 17.5% surcharge by the Punjab State Electricity Board (PSEB) under circulars dated 21‑Jan‑1991 and 03‑May‑1991, which stipulated payment until the mill upgraded its supply from 11 kV to 33 kV or higher. The mill …

SURENDRA SINGH@ BITTUversusSTATE OF UTTARANCHAL

2006 INSC 266Case Partly allowed

The appellant Surendra Singh was prosecuted for the death of Ram Singh after a dispute over cattle damage to agricultural fields. The prosecution alleged that after a heated exchange and scuffle, the appellant’s elder brother Rajendra Singh urged him to kill Ram Singh, leading the appellant to fire …

INDU SHEKHAR SINGH AND ORS.versusSTATE OF U.P. AND ORS.

2006 INSC 267Appeal(s) allowed

Four former employees of U.P. Jal Nigam were deputed to the Ghaziabad Development Authority. The State offered them permanent absorption into the Development Authority Centralised Service on the condition that their past service in Jal Nigam would not be counted for seniority and that they would …

ICICI BANK LTD.versusSIDCO LEATHERS LTD. AND ORS.

2006 INSC 268Appeal(s) allowed

ICICI Bank and two other banks (first charge holders) and Punjab National Bank (second charge holder) had secured loans to Sidco Leathers Ltd., which was wound up and an Official Liquidator appointed. The first charge holders filed a suit in the Debt Recovery Tribunal and lodged a claim with the …

UNION OF INDIAversusMIS. MILLENIUM MUMBAI BROADCAST PVT. LTD.

2006 INSC 269Dismissed

The Union of India granted FM broadcasting licences to ten operators, including Millenium Mumbai Broadcast Ltd., with a requirement to co‑locate transmission facilities. Five operators defaulted, leading the licensor to allow the remaining five to use interim facilities and later require them to pay …

GUDDU @ SANTOSHversusSTATE OF MADHYA PRADESH

2006 INSC 260Case Partly allowed

The appellant, Guddu, was accused of raping a minor girl, Sushama, after entering her home while her parents were away, removing her underwear and sitting on her. The victim, her mother, and her grandfather testified to the incident, and a medical examination revealed swelling and redness of the …

BUDHAN SINGH AND ORS.versusSTATE OF BIHAR

2006 INSC 246Case Partly allowed

The appellants Budhan Singh and others were convicted under Section 201 of the Indian Penal Code for causing the disappearance of evidence after allegedly snatching away the injured deceased’s body from a cot at the scene of a shooting. The prosecution alleged that the accused, armed and present, …

PANDIT VASUDEV VYAS (DEAD) THROUGH LRS.versusBOARD OF MGMT, S.S.J.S. PEETH AND ORS.

2006 INSC 247Appeal(s) allowed

The dispute concerned the appointment of a sole trustee for the Karveer Peeth, a public trust registered under the Bombay Public Trust Act, after the Charity Commissioner appointed the second respondent under s.47. The appellant argued that the presiding Swami must be a sannyasi and that clause 5 of …

DEVENDRA KUMAR SINGHversusADMINISTRATOR, BIHAR COOP. MKT. UNION LTD. AND ANR.

2006 INSC 248Appeal(s) allowed

The appellant, an employee of Bihar State Cooperative Marketing Union Ltd (BISCOMAUN), had not received his salary since January 1996 and filed a writ petition in the Patna High Court. A Single Judge ordered the employer to pay the salary and suggested winding up the organization, but a Division …

JITENDRA RAM @JITUversusSTTE OF JHARKHAND

2006 INSC 249Appeal(s) allowed

The appellant Jitendra Ram (Jitu) was convicted of murder and abetment of suicide under Sections 302 and 201 of the IPC and sentenced to life imprisonment. He contended before the Supreme Court that he was a minor at the time of the offence (18‑11‑1985) and therefore entitled to the protection of …

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 250Dismissed

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen …

S.S. RANAversusREGISTRAR, CO-OPERATIVE SOCIETIES AND ANR.

2006 INSC 251Dismissed

S.S. Rana, a Branch Manager of Kangra Central Co‑operative Bank Ltd., was terminated after a disciplinary proceeding under Rule 56(b) of the bank's employee rules read with Section 35‑B(4) of the Himachal Pradesh Co‑operative Societies Act, 1968. He appealed the termination, which was dismissed, and …

STATE OF RAJASTHAN AND ANR.versusKULWANT KAUR

2006 INSC 252Appeal(s) allowed

Kulwant Kaur was appointed temporarily as a primary school teacher in Rajasthan with only a diploma in tailoring, lacking the statutory qualifications of matriculation and Basic Short Training Certificate (BSTC) required under the Rajasthan Panchayat Samiti & Zila Parishad Service Rules, 1959 (later …

BIR SINGHversusSTATE OF HIMACHAL PRADESH

2006 INSC 253Dismissed

Bir Singh approached a police out‑post seeking police escort to his village amid a reported faction fight. The Assistant Sub‑Inspector declined, asking him to stay, after which Bir Singh assaulted the officer with a khukhri, inflicting multiple grievous injuries. The assault was witnessed by two …

GURSWAROOP JOSHIversusBEENA SHARMA & ORS.

2006 INSC 254Appeal(s) allowed

Harbans Lal Joshi executed a will on 3 January 1980, which later became the subject of a probate application filed by Gurswaroop Joshi under Section 276 of the Indian Succession Act, 1925. The trial court granted probate, but the widow and other heirs appealed, contending that certain clauses in the …

JAYASINGHversusK.K. VELAYUTHAM AND ANR.

2006 INSC 255Appeal(s) allowed

The appellant, an Assistant Engineer, removed a tea stall from a hospital campus on the explicit direction of the Executive Engineer, in accordance with a government policy to eliminate kiosks for public health reasons. A complaint was filed by the stall owner's husband, but it made no allegation …

ASHOK LENKAversusRISHI DIKSHIT AND ORS.

2006 INSC 237Appeal(s) allowed

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

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

2006 INSC 238Disposed off

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

T. ARUNTPERUNJOTHIversusSTATE THROUGH S.H.O., PONDICHERRY

2006 INSC 203

The Supreme Court considered the appeal of T. Arunthperunjothi, who had been convicted under Section 304B of the IPC for the alleged dowry death of his wife Davamani, who committed suicide in 1994. The prosecution alleged that the husband or his relatives had demanded dowry and harassed the …

MUNIVELversusSTATE OF TAMIL NADU

2006 INSC 204Dismissed

The Supreme Court examined whether the appellants, who were part of an armed group that attacked the deceased Babu Naidu and his family, could be held liable under Section 302 read with Section 149 of the Indian Penal Code. The facts showed that the accused, including the appellants, arrived with …

STA TE OF CHHATTISGARHversusLEKHRAM

2006 INSC 205

The State of Chhattisgarh prosecuted Lekhram for abduction and rape of a married minor, Sushila Bai. The trial court, relying on a school register entry and oral testimony, held that she was a minor at the time of the offence and convicted Lekhram under Section 376 IPC, sentencing him to three …

NAGARATHINAM AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE

2006 INSC 206Appeal(s) allowed

The appellants, owners of a brick kiln, were charged with murder, rioting and related offences after a violent clash at a village panchayat meeting that left two persons dead. The trial court convicted them under Section 302 read with Section 149 IPC, while the High Court acquitted them of the 149 …

DHANESHWAR MAHAKUD AND ORS.versusSTATE OF ORISSA

2006 INSC 207Dismissed

Six Mahakud family members were tried for murder, rioting and causing hurt under IPC sections 148, 149, 302 and 323. The High Court acquitted two of them but upheld the conviction of the remaining four for murder. The appellants argued that, because the prosecution could not show that each of them …

STATE OF HARYANAversusRANBIR @ RANA

2006 INSC 208Appeal(s) allowed

The accused, Ranbir, was seized with a plastic bag containing 2 kg of charas after a police search of the bag he was carrying. He was convicted under Section 20 of the NDPS Act, but the High Court set aside the conviction on the ground that Section 50, which mandates a search in the presence of a …

COMMISSIONER OF POLICE, NEW DELHIversusNARENDER SINGH

2006 INSC 209Appeal(s) allowed

The case involved Constable Narender Singh, who confessed to theft of firearms while in police custody and was later discharged in the criminal trial due to lack of other evidence. He was dismissed from service in a departmental proceeding based on that confession. The Central Administrative …

RANJIT SINGHversusUNION OF INDIA AND ORS.

2006 INSC 210Appeal(s) allowed

The appellant, an Inspector of Central Excise and Customs, was investigated by the CBI for possessing assets disproportionate to his known income. Although the CBI later filed a closure report and the departmental Enquiry Officer exonerated him, the Disciplinary Authority disagreed with the enquiry …

M.V. BIJLANIversusUNION OF INDIA AND ORS.

2006 INSC 211Appeal(s) allowed

The appellant, a junior engineer, was charged with non‑maintenance of an ACE‑8 register and alleged failure to supervise copper‑wire work. Disciplinary proceedings were initiated five years after he handed over charge and continued for seven years, culminating in his removal from service. The …

GURSEWAK SINGHversusAVTAR SINGH AND ORS.

2006 INSC 213Appeal(s) allowed

In the 2003 election for Sarpanch of Gram Panchayat Ralla, Gursewak Singh was declared winner over Avtar Singh. Avtar Singh filed an election petition seeking a recount, leading to a High Court examination of the ballot papers which revealed serious irregularities and a lack of proper segregation. …

NARINDER MOHAN ARYAversusUNITED INDIA INSURANCE CO. LTD. & ORS.

2006 INSC 215Appeal(s) allowed

The appellant, an inspector with United India Insurance, was dismissed after a departmental inquiry found him guilty of antedating an insurance cover note following a fire. He appealed, but the appellate authority upheld the dismissal. Simultaneously, a civil suit by the consignor concluded that the …

PRESIDENT, SUICversusSTATE OF KERALA AND ORS.

2006 INSC 182Disposed off

The President of the Southern India Undivided Church (SIUC) challenged Kerala State notifications that treated Hindu Nadars and Christian Nadars as a single Other Backward Class for reservation purposes under Article 16(4) of the Constitution. The Kerala High Court had held those notifications …

RAMREDDY RAJESHKHANNA REDDY AND ANR.versusSTATE OF ANDHRA PRADESH

2006 INSC 173Appeal(s) allowed

The appellants were convicted of murder under IPC s.302 read with s.34 based largely on circumstantial evidence, an eye‑witness statement recorded three days after the incident, and a recovered knife. The defence argued that the witness statements were inconsistent, the time of death could not be …

A. SUDHAKARversusPOST MASTER GENERAL, HYDERABAD AND ANR

2006 INSC 175Dismissed

Sub‑Post Master A. Sudhakar was charged with misappropriating Rs 5,000 received for a Kisan Vikas Patra. A departmental enquiry found him guilty of the first charge and part of a third charge and the Director of Postal Services, who was also his appointing authority, imposed compulsory retirement. …

NATIONAL INSURANCE CO. LTD.versusSMT. KUSUM RAI AND ORS.

2006 INSC 176Dismissed

A taxi insured with National Insurance Co. was driven by a Khalasi who held only a Light Motor Vehicle licence, not a licence for a commercial vehicle. The vehicle met with an accident, resulting in the death of a 12‑year‑old girl. The claimants filed a petition under Sections 163A and 166 of the …

KERALA SAMSTHANA CHETHU THOZHILALI UNIONversusSTATE OF KERALA AND ORS.

2006 INSC 178Appeal(s) allowed

The State of Kerala, after banning the sale of arrack in 1996, enacted the Kerala Abkari Shops Disposal Rules, 2002 which required that each toddy shop employ one former arrack worker. The rules (specifically Rules 4(2) and 9(10)(b)) were challenged by a federation of toddy‑tappers and toddy‑shop …

P.R. MURLIDHARAN AND ORS.versusSWAMI DHARAMANDA THEERTHA PADAR & ORS.

2006 INSC 151Appeal(s) allowed

The appellant sought to set aside a Kerala High Court order that granted police protection to the first respondent, who claimed to be the head of a religious trust. The High Court had determined the respondent's entitlement to the office, a question that was already pending before a civil court. The …

MAHABIR VEGETABLE OILS PVT. LTD. AND ANR.versusSTATE OF HARYANA AND ORS.

2006 INSC 152

The Supreme Court examined whether the doctrine of promissory estoppel can operate against a State's legislative action granting sales‑tax exemption under Haryana's industrial policy. Mahabir Vegetable Oils and other appellants had invested heavily in solvent‑extraction plants based on Rule 28A, …

MOHAMED MASTHANversusSOCIETY, CONGREGATION, BROS. S. HEART AND ANR.

2006 INSC 150Disposed off

The Society obtained a 1987 compromise decree granting it possession of a parcel of land. The second respondent later challenged that decree and sold the land to the appellant, who obtained a decree for specific performance in 2003 and was handed possession by a senior bailiff under Order 21 Rule 35 …

RAJINDER ARORAversusUNION OF INDIA AND ORS.

2006 INSC 154Appeal(s) allowed

Rajinder Arora, an export‑house industrialist, was raided by the Directorate of Revenue Intelligence on 26 May 2004 and detained, during which he alleged torture and coerced statements under Section 108 of the Customs Act. No prosecution was filed within the statutory 60‑day period, no show‑cause …

ARUN SINGH @ ARUN KUMAR SINGHversusSTATE OF BIHAR AND ORS.

2006 INSC 139Appeal(s) allowed

Arun Singh was elected to the Nauhatta Panchayat Samiti but had earlier been dismissed from his post as a Dafadar. The State Election Commission held that his dismissal was not for misconduct and therefore he was not disqualified under Section 139(1)(f) of the Bihar Panchayat Raj Act, 1993. The …

BOMBAY DYEING AND MFG. CO.LTD.versusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.

2006 INSC 142Appeal(s) allowed

The case concerned the validity of Development Control Regulation 58 (OCR 58) under the Maharashtra Regional and Town Planning Act, 1966, its 2001 amendment and a 2003 clarification, as applied to sick, closed or modernising cotton‑textile mills in Bombay. The petitioners, a public‑interest group, …

GUNWANTBHAI MULCHAND SHAH AND ORS.versusANTON ELIS FAREL AND ORS

2006 INSC 136Appeal(s) allowed

The plaintiffs, successors of a predecessor who had entered into a 1964 agreement to purchase a property, filed a suit on 4 April 1994 for specific performance of that agreement and a perpetual injunction, after a public notice and objections in November 1993. The defendants contended that the suit …

MUNNA CHANDAversusSTATE OF ASSAM

2006 INSC 104Appeal(s) allowed

The case involved an altercation between two groups that culminated in the death of Moti Suklabaidya. The appellants, Munna Chanda and Ujjal, were convicted by the trial court and the High Court under Section 302 IPC read with Section 149 IPC for murder, based largely on the testimony of prosecution …

SUNILA JAINversusUNION OF INDIA AND ANR.

2006 INSC 105Dismissed

Sunila Jain appealed against a preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) against her husband, D.K. Jain, who had been released on bail by the Special Court of Economic Offences on the ground that the alleged …

P. MANIversusSTATE OF TAMIL NADU

2006 INSC 106Appeal(s) allowed

The appellant, P. Mani, was convicted of murdering his wife by allegedly setting her on fire, based solely on her dying declaration. The High Court upheld the conviction, holding the dying declaration reliable and noting the appellant's alleged absconding and lack of injury as circumstantial …

MOHINDER PRASAD JAINversusMANOHAR LAL JAIN

2006 INSC 109Dismissed

Manohar Lal Jain, a co-owner of a shop, filed an eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming a bona fide personal requirement to run a wholesale Ayurvedic medicine business. The Rent Controller dismissed the petition for lack of proof of …

CHAIRMAN & M.D., BHARAT PET. CORPN. LTD. AND ORS.versusT.K. RAJU

2006 INSC 110Appeal(s) allowed

The respondent, a senior sales officer of Bharat Petroleum Ltd., was charged with eight instances of financial irregularities and dismissed from service under the Conduct, Discipline and Appeal Rules. He challenged the dismissal, arguing that some charges were vague and that the punishment was …

UNION OF INDIA AND ANR.versusS.C. PARASHAR

2006 INSC 111Appeal(s) allowed

The respondent, a Deputy Commandant of the CRPF, was found guilty of failing to maintain absolute devotion to duty and acting in an unbecoming manner after a vehicular accident. The disciplinary authority imposed three penalties: reduction of pay to the minimum of the time‑scale for three years with …

M.P. HOUSING BOARD AND ANR.versusMANOJ SHRIVASTAVA

2006 INSC 112Appeal(s) allowed

The respondent, Manoj Shrivastava, was engaged by the M.P. Housing Board as a daily‑wage Sub‑Engineer and worked for more than 240 days. He claimed permanent status under Clause 2(i) of the Standard Standing Orders, which provides that an employee who has completed six months' satisfactory service …

UNION OF INDIA AND ANR.versusMALTI SHARMA

2006 INSC 113Appeal(s) allowed

The respondent, Malti Sharma, an Inspector appointed under the Nursing Council Act, was terminated in April 1996 and challenged the termination by filing a writ petition. While the petition was pending, the Government of India issued a direction to abolish the post of Inspector, relying on an Office …

HIMMAT SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 114Dismissed

Himmat Singh, a Head Constable, applied for voluntary retirement which was accepted on 24 August 2000. He later claimed to have withdrawn the application on the same day, alleged bias by the fifth respondent, and contended that the Lines Officer failed to make an entry in the police correspondence …

BISHWANATH PRASAD SINGHversusRAJENDRA PRASAD AND ANR.

2006 INSC 115Appeal(s) allowed

The appellant, Bishwanath Prasad Singh, sold a piece of land to the respondents on 24 June 1977 and simultaneously executed an agreement for reconveyance, the parties agreeing that the sale would become absolute only upon payment of Rs.3000 within 23 months. The respondents claimed the transaction …

INDOCHEM ELECTRONIC AND ANR.versusADDL. COLLECTOR OF CUSTOMS, A.P.

2006 INSC 116Dismissed

Indochem Electronic supplied an EPABX telephone system to the Additional Collector of Customs, Andhra Pradesh, with a one‑year warranty and a promise to open a service centre. The system was defective from the outset, and despite repeated complaints the supplier failed to provide satisfactory …

MUSARAF HOSSAIN KHANversusBHAGHEERATHA ENGG. LTD AND ORS.

2006 INSC 117Appeal(s) allowed

The appellant supplied stone chips for a West Bengal construction project and was paid by post‑dated cheques issued by the respondent from its registered office in Kerala. The cheques were deposited in a West Bengal bank, bounced, and a criminal complaint under Section 138 of the Negotiable …

M/S. MAHARASHTRA STATE SEEDS CORPN. LTD.versusHARIDAS AND ANR.

2006 INSC 118Appeal(s) allowed

The appellant, Maharashtra State Seeds Corporation Ltd., dismissed its assistant field officer, Haridas, after a departmental enquiry found him guilty of several misconducts and the Managing Director issued a second show‑cause notice changing the proposed penalty from freezing two increments to …

STATE OF M.P. AND ORS.versusARJUNLAL RAJAK

2006 INSC 119Appeal(s) allowed

Arjunlal Rajak was appointed as a daily‑wage chowkidar by the State of Madhya Pradesh without a written offer or compliance with recruitment rules. He worked in various departments, the last being the production division of the Forest Department, which was later abolished, and his services were …

CANARA BANK AND ORS.versusSWAPAN KUMAR PANI AND ANR.

2006 INSC 120Disposed off

Swapan Kumar Pani, an accountant of Canara Bank, was first exonerated in 1989 of charges of unauthorised removal of special bearer bonds. Later, after a CBI report, the bank’s Managing Director invoked Regulation 18 of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 to …

THE HARYANA STATE AGRICULTURAL MARKETING BOARDversusSUBHASH CHAND AND ANR.

2006 INSC 121Appeal(s) allowed

The Haryana State Agricultural Marketing Board appointed Subhash Chand as a contract Arrival Record Clerk for short seasonal periods. The contract expressly allowed termination without notice and conferred no right to regularisation. After his services were terminated, Chand raised an industrial …