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1538 judgments · newest first · showing 1401–1538

STATE OF U.P.versusSHEO SHANKER LAL SRIVASTAVA AND ORS.

2006 INSC 123Appeal(s) allowed

Sheo Shanker Lal Srivastava, a private secretary to the Uttar Pradesh Lok Ayukta, was charged with misconduct for refusing to hand over the key to his almirah containing public documents and for using indecent language. The Lok Ayukta, who was also the disciplinary authority, conducted the inquiry, …

VINOD KUMAR MATHURSEVA MALVIA AND ANR.versusMAGANLAL MANGALDAS GAMETI AND ORS.

2006 INSC 124Disposed off

The case involved three trusts registered under the Bombay Public Trust Act, 1950, where several change notices for appointment and deletion of trustees were filed. The Assistant Charity Commissioner approved a change notice without conducting the mandatory enquiry, prompting the Joint Charity …

PUNJAB STATE CIVIL SUPPLIES CORP. LTD.versusSIKANDER SINGH

2006 INSC 126Dismissed

The Punjab State Civil Supplies Corporation (the appellant, a State) sued two of its employees, an inspector and a field officer/supervisor, for loss of wheat allegedly caused by their negligence and misappropriation. Both employees had been dismissed in departmental proceedings; the inspector was …

AVINASH HANSRAJ GAJBHIYEversusOFFICIAL LIQUIDATOR, M/S. V. PHARMA. P. LTD.

2006 INSC 93Dismissed

The appellant, a legal representative of an ex‑director of a company that had been liquidated, challenged a Company Judge's order that held all former directors jointly and severally liable for a sum with interest in a misfeasance proceeding. The Company Judge dismissed the appellant's application …

KISHORE KUMAR KHAITAN AND ANR.versusPRAVEEN KUMAR SINGH

2006 INSC 79Appeal(s) allowed

Kishore Kumar Khaitan filed a suit seeking a declaration of tenancy and a perpetual injunction against the owners of a building, also applying for an interim injunction. The trial court refused an ex‑parte injunction; the Additional District Judge then issued an ex‑parte order directing the parties …

MILK PRODUCERS ASSOCIATION, ORISSA AND ORS.versusSTATE OF ORISSA AND ORS.

2006 INSC 59Dismissed

The Milk Producers Association and other milk‑selling families (the appellants) had illegally occupied government land in Bhubaneswar and were ordered to vacate. The State, through the Chief Minister, had earlier promised to rehabilitate them in villages outside the city, but later withdrew the …

S.N. CHANDRASHEKAR AND ANR.versusSTATE OF KARNATAKA AND ORS.

2006 INSC 60Appeal(s) allowed

The appellants challenged the State of Karnataka's sanction permitting Respondent No.6 to convert a residential plot in Jayanagar into a commercial restaurant complex under Section 14‑A of the Karnataka Town and Country Planning Act, 1961. Although the Residents' Welfare Association eventually …

R.K. PARVATHARAJ GUPTAversusK.C. JAYADEVA REDDY

2006 INSC 61Appeal(s) allowed

The appellant, owner of agricultural land, had taken a bank loan and entered into a sale agreement with the respondent, who was to discharge the loan by depositing the mortgage amount and execute a sale deed. The appellant served a notice on 24 April 1984 demanding the respondent deposit the full …

B.H.E.L. AND ANR.versusB.K. VIJAY AND ORS.

2006 INSC 62Case Partly allowed

The respondent, B.K. Vijay, was appointed as a Safety Officer in BHEL's Jhansi factory and, although placed in the non‑executive SA‑II cadre, was given the status of a Senior Executive under Rule 5 of the U.P. Factories (Safety Officers) Rules, 1984. He filed a writ petition seeking to be treated as …

COMMISSIONER OF CENTRAL EXCISE, RAIPURversusM/S. HIRA CEMENT

2006 INSC 63Appeal(s) allowed

The Commissioner of Central Excise appealed against the Customs, Excise & Service Tax Appellate Tribunal’s dismissal of his appeal challenging the exemption granted to M/s Hira Cement, a small‑scale industry (SSI), under Notification No.1193‑CE dated 28‑Feb‑1993. The issue was whether Hira Cement’s …

THE CHAIRMAN RAILWAY BOARD AND ANR.versusT. VITTAL RAO AND ORS.

2006 INSC 65Dismissed

The respondents, who were Train Superintendents, were placed in the supervisory category by a Railway Board circular dated 2 August 1984, which removed their entitlement to overtime allowance. On 11 April 2001 the Board issued another circular withdrawing the 1984 circular and stating that the …

TANAJI RAMCHANDRA NIMHANversusSWATI VINAYAK NIMHAN AND ORS

2006 INSC 51Appeal(s) allowed

In a municipal corporation election, the petitioner alleged irregularities in the counting process, including failure to show ballot papers before bundling, improper identification of invalid votes, and that a prize announced for the returning officer caused haste. The Small Causes Court ordered a …

L.K.VERMAversusH.M.T. LTD. AND ANR.

2006 INSC 52Dismissed

L.K. Verma, a Safety Officer, was charged with using abusive language and threatening a superior and was placed under suspension. He appealed the suspension to the Labour Commissioner under Rule 14 of the U.P. Factories (Safety Officers) Rules, 1984, but was dismissed from service while the appeal …

STATE OF KARNATAKA AND ORS.versusC. LALITHA

2006 INSC 53Appeal(s) allowed

C. Lalitha was appointed as Tehsildar under Karnataka's revised reservation policy and was placed only in the Additional List of Category I Service, not in the notification for Assistant Commissioner. She applied before the Karnataka Administrative Tribunal for appointment as Assistant Commissioner; …

THE COMMISSIONER OF POLICE AND ORS.versusSYED HUSSAIN

2006 INSC 43Appeal(s) allowed

Syed Hussain, a police constable, stood as surety for Ahmed Qureshi, a hardened criminal involved in 32 snatching cases, and allegedly helped other accused obtain bail. The disciplinary authority found him guilty of misconduct and ordered his removal from service. The Andhra Pradesh Administrative …

OM PARKASHversusSTATE OF HARYANA

2006 INSC 27Appeal(s) allowed

The appellant Om Parkash and co‑accused were convicted under Section 12 of the Prevention of Corruption Act, 1988 for allegedly offering a bribe of Rs 10,000 to Inspector Ganeshi Lal to influence a murder investigation. The prosecution’s case was marred by a four‑hour delay in lodging the FIR, …

MOHD. SARTAJ AND ANR.versusSTATE OF U.P. AND ORS.

2006 INSC 23Dismissed

The appellants were appointed as Urdu teachers in Uttar Pradesh despite not possessing the Basic Teacher's Certificate (B.T.C.) or any equivalent training qualification required by Rule 8 of the U.P. Basic (Teachers) Services Rules, 1981 at the time of their recruitment. Within weeks, the State …

K.K. BHALLAversusSTATE OF M.P. AND ORS.

2006 INSC 21Appeal(s) allowed

The appellant challenged the allocation of two parcels of land in Jabalpur—one to a newspaper proprietor and another to YMCA—arguing that the State of Madhya Pradesh, acting under a purported policy decision, had exceeded its statutory authority and violated the Master Plan prepared under the Madhya …

RABINDRA MAHTO AND ANR.versusSTATE OF JHARKHAND

2006 INSC 16Dismissed

The appellants, members of a Mahto clan, attacked two men who were ploughing a field they claimed as their own, using swords, knives and lathis, resulting in the deaths of Sohrai Puran and Ram Mohan Puran and injuries to others. An FIR was lodged the next day and sent to the magistrate a day later; …

T. SUBRAMANIAMversusTHE STATE OF TAMIL NADU

2006 INSC 10Appeal(s) allowed

The appellant, T. Subramaniam, an executive officer of a temple, was accused of accepting a bribe of Rs.200 while allegedly facilitating the grant of a patta for temple land. He explained that the money was received on behalf of a third party, PW‑6, as payment of lease‑rent arrears due to the …

STATE OF MAHARASHTRAversusRASHID BABUBHAI MULANI

2006 INSC 11Appeal(s) allowed

Rashid Babubhai Mulani, a talathi, demanded Rs 1,000 to delete a mortgagee's name from revenue records; the complainant paid Rs 300 after a trap was laid. Mulani accepted the marked notes and later claimed the payment was repayment of a government loan, supported by a purported notice sent by …

KALLU @ MASIH AND ORS.versusSTATE OF MADHYA PRADESH

2006 INSC 12Dismissed

On 5 July 1993, an unlawful assembly of twenty‑seven persons, armed with swords, spears and other weapons, attacked Sadruddin and four female members of his family at his house. The victim and several injured witnesses positively identified the four appellants as the assailants. The trial court …

R. JANAKIRAMANversusSTATE REPRESENTED BY INSPECTOR OF POLICE, CBI, SPE, MADRAS

2006 INSC 13Dismissed

The appellant, an Assistant Engineer of Southern Railway, was found with Rs.2,94,615 in cash during a CBI raid and was charged under Sections 5(1)(e) and 5(2) of the Prevention of Corruption Act for possessing assets disproportionate to his known income. He claimed the cash represented loans of …

SARAT CHANDRA MISHRA AND ORS.versusSTATE OF ORLSSA AND ORS.

2006 INSC 2Dismissed

The appellants, government employees, challenged a 1990 corrected seniority list issued by the State of Orissa, which had been upheld by the Orissa Administrative Tribunal in its order of 9 March 1992, confirming the 1984 list. Only one special leave petition was filed against that Tribunal order, …

STATE OF BIHAR AND ORS.versusPROJECT UCHCHA VIDYA, SIKSHAK SANGH AND ORS.

2006 INSC 5Disposed off

The State of Bihar launched a scheme to establish "Project Schools"—including at least one girls' high school in each block of backward areas—through circulars and a three‑man committee. Disputes arose over whether the identified schools were taken over by the State, whether they should be treated …

ASHWIN S. MEHTA AND ANR.versusCUSTODIAN AND ORS.

2006 INSC 6Disposed off

The Supreme Court heard appeals by Ashwin S. Mehta and other family members, who were notified persons under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, seeking release of residential flats and commercial premises that had been attached. The Special Court …

A. MAIMOONAversusSTATE OF TAMIL NADU AND ORS.

2005 INSC 625Dismissed

The Supreme Court examined the detention of Abdul Kader and another detainee under Section 3(2) of the National Security Act, 1980. The appellants argued that the State Government and the Ministry of Home Affairs had not considered representations made on behalf of the detainees and that there was …

N.K. RAJGARHIAversusM/S. MAHAVIR PLANTATION LTD. AND ORS.

2005 INSC 626Dismissed

N.K. Rajgarhia sued Mahavir Plantation Ltd. for recovery of Rs. 75 lakh. The parties compromised, and a consent decree for Rs. 41,69,110 was passed, with a clause that dishonour of any cheque would make the whole balance payable and executable. The respondent defaulted, leading to execution …

STATE OF PUNJAB AND ORS.versusSATNAM KAUR AND ORS.

2005 INSC 627Appeal(s) allowed

The State of Punjab advertised 31 posts and selected candidates through a process that was later challenged in a writ petition by some unsuccessful applicants, with only 18 of the selected candidates made parties. The Punjab & Haryana High Court quashed the entire selection process, a decision …

M/S. SHREE HARI CHEMICALS EXPORT LTD.versusUNION OF INDIA AND ANR.

2005 INSC 628Appeal(s) allowed

Shree Hari Chemicals Export Ltd., a manufacturer of hydrochloric acid, claimed credit of excise duty on naphthalene under Rule 57A of the Central Excise Rules, 1944, despite a 1986 notification that excluded Chapter 27 inputs from such credit. After a show‑cause notice, the company sought to return …

STATE OF U.P.versusNEERAJ AWASTHI AND ORS.

2005 INSC 629Appeal(s) allowed

The Uttar Pradesh State Agricultural Produce Market Board appointed 1,021 employees between April 1996 and October 1997 without complying with the statutory provisions of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and its service regulations. The State later cancelled those appointments …

HOMBE GOWDA EDN TRUST AND ANR.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 630Appeal(s) allowed

A lecturer (Venkappa Gowda) assaulted the principal of a private college with a chappal and used abusive language. The management dismissed him under the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975; he appealed to the Educational Appellate Tribunal, which set aside …

NATIONAL INSURANCE COMPANY LTD.versusMASTAN AND ANR.

2005 INSC 611Appeal(s) allowed

Mastan, a cleaner employed by the owner of a lorry insured by National Insurance Company Ltd., was injured (45‑50% disability) in a road accident while driving the employer's vehicle. He filed a claim under the Workmen's Compensation Act, 1923 and obtained an award of compensation payable by the …

SIVAKUMARversusSTATE BY INSPECTOR OF POLICE

2005 INSC 600Dismissed

The appellant Sivakumar was convicted under Section 304 Part II of the Indian Penal Code for the death of his relative, based on circumstantial evidence, the recovery of an air‑gun, and an extra‑judicial confession he made to a Village Administrative Officer (VAO) and later to a police inspector. …

SUBHASH SHAMRAO PACHUNDEversusSTATE OF MAHARASHTRA

2005 INSC 601Dismissed

The appellant and his co‑accused, members of a joint family, attacked the deceased and a complainant while they were standing on their own plot watching the planting of an almond tree. The victims retreated, fell into a gutter and were assaulted with a knife, pick‑axe and other weapons; the deceased …

U.P. STATE BRASSWARE CORPN. LTD. AND ANR.versusUDAI NARAIN PANDEY

2005 INSC 602Case Partly allowed

The workman Udai Narain Pandey was engaged on a daily‑wage basis for a fixed tenure by U.P. State Brassware Corporation Ltd. His services were terminated on the expiry of that tenure, but he had rendered more than 240 days of service in the preceding year, making him a "workman" under Section 6‑N of …

HARJIT SINGHversusSTATE OF PUNJAB

2005 INSC 603Appeal(s) allowed

Harjit Singh was convicted by the trial court under Section 304‑B IPC for the alleged dowry death of his wife, Jasbir Kaur, and sentenced to seven years' rigorous imprisonment. On appeal, the Supreme Court examined whether the prosecution had proved the essential ingredients of a dowry death – that …

MEERA KANWARIAversusSUNITA AND ORS.

2005 INSC 605Appeal(s) allowed

The first respondent, a Rajput woman, married a Scheduled Caste man and fraudulently obtained a Scheduled Caste certificate by birth, which was later cancelled. She contested a Delhi municipal corporation election for a seat reserved for Scheduled Caste women and was declared elected. The appellant, …

HINDUSTAN COPPER LTD. AND ANR.versusBANSHI LAL AND ORS.

2005 INSC 606Disposed off

Hindustan Copper Ltd., a government undertaking, closed its Dariba mine and offered employees the choice of transfer or a Voluntary Retirement Scheme (VRS). While 112 employees opted for VRS, ten later withdrew their offers. The company refused the withdrawals, relying on a clause in the option form …

M/S. TASHI DELEK GAMING SOLUTIONS LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 607Appeal(s) allowed

The appellants, lottery agents of the State of Sikkim, had invested heavily in an online lottery network in Karnataka. Karnataka issued a notification under Section 5 of the Lotteries (Regulation) Act, 1998 prohibiting online lotteries, which threatened the appellants' business and exposed them to …

INCOME TAX OFFICER, BANGALOREversusM/S. INDUFLEX PRODUCTS (P) LTD.

2005 INSC 609Appeal(s) allowed

Induflex Products (P) Ltd, an export house, claimed a deduction under Section 80HHC of the Income Tax Act, 1961 despite declaring a loss on its export of trading goods. The Assessing Officer allowed the deduction, but the Commissioner ordered its withdrawal. The Income Tax Appellate Tribunal …

JALARAMversusSTATE OF RAJASTHAN

2005 INSC 587Case Partly allowed

Four brothers, including the deceased, were moving cattle through a field owned by Sonaram when Jalaram and six other accused, who were hiding in the field, assaulted them with lathis. Jalaram delivered a single blow to the deceased's forehead, causing instant death. The trial court convicted …

PRATAP SINGH AND ANR.versusSTATE OF MADHYA PRADESH

2005 INSC 586Appeal(s) allowed

The incident involved the assault and death of Vidya Ram on 20 December 1981, allegedly by the appellants wielding a lathi and bharcha. The sole eye‑witness, a minor named Mangal Singh, claimed he saw the assault from a mound, but his testimony contained material contradictions, including differing …

ROMESH LAL JAINversusNAGINDER SINGH RANA AND ORS.

2005 INSC 540Appeal(s) allowed

The case arose from a FIR lodged by a Sub‑Inspector (the respondent) against M/s Jain Gas Agency under the Essential Commodities Act, which the appellant claimed was false and alleged that the officer had misappropriated gas cylinders and accepted a bribe. The Special Judge directed the …

BISHNA@ BHISWADEB MAHATO AND ORS.versusSTATE OF WEST BENGAL

2005 INSC 541Disposed off

The case arose from a violent altercation over a disputed plot of land in Bhadsa village, where the accused, armed with various weapons, chased and assaulted the complainants, resulting in the death of Prankrishna Mahato and injuries to several others. The accused claimed private defence of property …

TRILOKI NATH AND ORS.versusSTATE OF U.P.

2005 INSC 542Dismissed

The appellants, who owned a plot of land, removed wood that villagers had piled for Holika Dahan and chased a servant away. A confrontation ensued about 300 paces from the plot, during which the accused Jitendra fired a shot killing Nanhe. The trial court convicted the accused under Sections 302 and …

PUNJAB AND SIND BANK AND ORS.versusMOHINDER PAL SINGH AND ORS.

2005 INSC 538

Amarjit Singh Sahni, a cashier‑clerk of Punjab and Sind Bank, applied for voluntary retirement under the bank's scheme (effective 1‑31 Dec 2000) but withdrew his application on 22 Dec 2000 before the bank had accepted it. The bank later treated him as relieved from service on 28 Jan 2001 and denied …

STATE OF KARNATAKA THROUGH CBIversusC. NAGARAJASWAMY

2005 INSC 493Disposed off

The State of Karnataka, represented by the CBI, charged C. Nagarajaswamy under the Prevention of Corruption Act for demanding illegal gratification and later for misappropriation of funds. In both cases the trial courts took cognizance and conducted full trials, but discharged the accused on the …

UNION OF INDIA THROUGH INSPECTOR, CBIversusPURNANDU BISWAS

2005 INSC 494Dismissed

Purnandu Biswas, a surveyor in the Mercantile Marine Department, was alleged to have demanded Rs 50,000 as illegal gratification from a sub‑agent (PW‑3) for issuing a clearance certificate for the vessel M.V. Lilly. After the vessel's defects were rectified, the CBI set up a trap on 17 July 1992, …

STATE THROUGH INSPECTOR OF POLICE, A.P.versusK. NARASIMHACHARY

2005 INSC 495Dismissed

The State appealed the acquittal of K. Narasimhachary, a former Mandal Revenue Inspector, who had been convicted under the Prevention of Corruption Act for taking a bribe of Rs.600. The High Court set aside the conviction on the ground that the order of sanction issued by the Governor was not proved …

N.K. SHARMAversusABHIMANYU

2005 INSC 496Dismissed

N.K. Sharma, a Class‑I officer of the Haryana Government, was deputed as Managing Director of the Haryana State Cooperative Land Development Bank Ltd. A criminal complaint for defamation (IPC s.500) was filed against him after he sent a letter alleging false implication of a colleague. Sharma was …

SAROOP SINGHversusBANTO AND ORS.

2005 INSC 500Dismissed

The appellant, Saroop Singh, claimed ownership of suit properties that had been gifted to him by the widow, Indira Devi, who possessed only a life interest under the Hindu Succession Act, 1956. The respondents, Banto and others, were reversioners who sued for possession, asserting that the widow's …

P.C. VARGHESEversusDEVAKI AMMA BALAMBIKA DEVI AND ORS.

2005 INSC 501Appeal(s) allowed

The appellant, P.C. Vargese, sued the respondents for specific performance of a sale agreement covering 19 cents of land, seeking also a decree of partition. The agreement required the respondents to obtain court permission to sell the minor’s one‑fourth share, which was denied during the suit. The …

M/S. COMPACK PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, VADODARA

2005 INSC 502Case Partly allowed

Mis. Compack Pvt. Ltd., a small‑scale manufacturer of cardboard containers, claimed exemption under Central Excise Notification No. 67/82‑CE, having paid duty on the base paper component but availing MODVAT credit on a plastic‑coated paper layer. The Revenue argued that the exemption was available …

U.O.I. THROUGH GOVT. OF PONDICHERRY AND ANR.versusV. RAMAKRISHNAN AND ORS.

2005 INSC 503Dismissed

The first respondent was appointed Chief Engineer of Pondicherry's Public Works Department on short‑term deputation pending a regular appointment under the 1996 Recruitment Rules. He was repatriated after eight months and challenged the repatriation before the Central Administrative Tribunal, which …

LILLY KUTTYversusSCRUTINY COMMITTEE, S.C. AND S.T. AND ORS.

2005 INSC 490Dismissed

Lilly Kutty claimed to be a Hindu Pulayan Scheduled Caste member and, on the basis of a caste certificate, was elected President of a Gram Panchayat seat reserved for Scheduled Castes. A rival candidate filed a complaint under the Kerala (Scheduled Castes and Scheduled Tribes) Regulations of Issue …

HAFIZversusSTATE OF U.P.

2005 INSC 476

The case involved a dispute over irrigation water between Hafiz, his brothers Rafiq and Sharif, their cousin Lal Mohammad and the deceased Abdul Rahman. The accused assaulted the deceased with lathis, claiming they acted in private defence because the deceased allegedly threatened them with a …

SARUP SINGHversusSTATE OF PUNJAB

2005 INSC 477Dismissed

The appellant, a police constable, along with two fellow constables, entered the residence of the victims at night, broke doors, and fired upon them, resulting in the murder of Kans Kaur and injuries to Joginder Singh and Avtar Singh. The prosecution proved the case through eye‑witness testimony, …

M/S. NGEF LTD.versusM/S. CHANDRA DEVELOPERS PVT. LTD. AND ANR.

2005 INSC 459Appeal(s) allowed

NGEF Ltd., a joint‑venture sick industrial company, was referred to the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). BIFR recommended winding up and observed that any sale of the company's assets should be sought …

HINDUSTAN PETROLEUM CORPORATION LTD.versusDARIUS SHAPUR CHENAI AND ORS.

2005 INSC 433Dismissed

Hindustan Petroleum Corporation Ltd., a former tenant, sought to acquire land it occupied after an eviction suit was decreed against it. The State issued a notification under Section 4 of the Land Acquisition Act, 1894, and after the landowner filed objections under Section 5‑A, the Collector …

G. SRINIVASversusGOVT. OF A.P. AND ORS.

2005 INSC 434Appeal(s) allowed

G. Srinivas claimed title to a plot of land based on an unregistered sale deed. The Andhra Pradesh Government, via a Government Order (GOM), directed the Collector to issue a no‑objection certificate and supplementary shethwar in his favour, but the Collector later rejected the claim, citing the …

DEVA SAHAYAM (D) BY LRS.versusP. SAVITHRAMMA AND ORS.

2005 INSC 424Case Partly allowed

The appellant, a tenant, entered into an oral agreement of sale with the respondents (landlords) and later sued for specific performance. The respondents alienated the property to third parties and filed a counter‑claim for possession, alleging the tenant had denied the landlord's title. The trial …

MRS. SANJANA M. WIGversusHINDUSTAN PETRO CORPORATION LTD.

2005 INSC 418Dismissed

The appellant, a partnership firm dealing in automobiles, entered into a dealership agreement with Hindustan Petro Corporation which was later terminated on the death of a partner and subsequently on grounds of payment defaults. The appellant filed a writ petition under Article 226 of the …

GOVERNMENT OF INDIA AND ORS.versusINDIAN TOBACCO ASSOCIATION

2005 INSC 372Dismissed

The Government of India introduced the Duty Entitlement Pass Book (DEPB) scheme on 7 April 1997, exempting payment of additional duty under Section 3 of the Customs Tariff Act for exporters registered at specified ports and inland container depots, but Guntur was omitted. A subsequent notification …

ARVIND MOHAN JOHARI AND ANR.versusSTATE OF U.P. AND ANR.

2005 INSC 254Disposed off

Arvind Mohan Johar and Anand Krishna Johari were granted bail by the Supreme Court on the basis that Rs. 17 crore and Rs. 13 crore respectively were lying in the credit of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) and would be used to satisfy the claimants. The BSE and NSE …

BRIJ MOHAN LALversusUNION OF INDIA AND ORS.

2005 INSC 171

The petition challenged the discontinuation of the Fast Track Courts Scheme after 31 March 2005, arguing that the State’s failure to maintain the scheme would violate the constitutional right to speedy justice under Article 21. The respondents, Union of India and several states, contended that …

COAL INDIA LTD. AND ORS.versusIMENK SOU AND ORS.

2005 INSC 114Disposed off

The Supreme Court entertained several Special Leave Petitions arising from a writ petition before the Gauhati High Court, wherein the High Court had directed the Secretary, Ministry of Coal and senior officers of Coal India Ltd. to appear personally and produce original documents. The Union of …

KAPILA HINGORANIversusSTATE OF BIHAR

2005 INSC 31

The petitioners, employees of various public sector undertakings in Bihar, sought enforcement of their fundamental right to life under Article 21 after prolonged non-payment of salaries, which had resulted in several deaths. The Supreme Court examined whether the States of Bihar and Jharkhand, as …

SHAHAZADA BI AND ORS.versusHALIMABI (SINCE DEAD) BY HER LRS.

2004 INSC 411Dismissed

The wife and children of the deceased Essanullah sued for possession of seven rooms in a property they claimed was self‑acquired by Essanullah. Defendants 1‑4 asserted they were tenants‑in‑common and claimed title by adverse possession, each occupying a distinct room. During the suit, Defendant 4 …

TALCHER MUNICIPALITYversusTALCHER REGULATED MKT. COMMITTEE AND ANR.

2004 INSC 406Dismissed

Talcher Municipality constructed a market under the Orissa Municipal Act. The Talcher Regulated Market Committee, invoking Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956, requisitioned the transfer of the market to itself. The municipality failed to comply, leading to a writ …

JAYAMMAversusMARIA BAI DEAD BY PROPOSED LRS. AND ANR.

2004 INSC 407Dismissed

Jayamma, the holder of a Will dated 20 February 1984 executed by the deceased tenant‑occupier Anthony Rebello, applied under Section 276 of the Indian Succession Act for letters of administration. The wife and children of the deceased contested the Will, alleging it was invalid. The trial court held …

P. D'SOUZAversusSHONDRILO NAIDU

2004 INSC 408Dismissed

The plaintiff, P. D'Souza, sued Shondrilo Naidu for specific performance of a sale agreement in which the parties were to exchange a building for a fixed price by 5‑Dec‑1978. The defendant had mortgaged the property, failed to produce original title documents and did not redeem the mortgage, thereby …

UGRE GOWDAversusNAGEGOWDA (DEAD) BY LRS. AND ORS.

2004 INSC 403Appeal(s) allowed

Nagegowda sued claiming he was the adopted son of widow Smt. Sannananjamma and that an adoption‑cum‑settlement deed gave him absolute ownership of a suit property, also seeking to declare a later gift deed by the widow void. The trial court dismissed the suit for lack of proof of adoption and …

T.N. ALLOY FOUNDRY CO. LTD.versusT.N. ELECTRICITY BOARD AND ORS.

2004 INSC 102Dismissed

T.N. Alloy Foundry Co. Ltd., a company incorporated under the Indian Companies Act, sued the Tamil Nadu Electricity Board and others for damages arising from non‑supply of electricity between 28 March 1983 and 16 October 1992. The suit was filed in March 1993, and in July 1998 the company sought to …

PUNAM DEVI AND ANR.versusDIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. AND ORS.

2004 INSC 103Appeal(s) allowed

In a motor accident, Sanjiv Kumar Jha died and his heirs obtained a compensation award of Rs. 3,91,500 from the Motor Accident Claims Tribunal, Bhagalpur. The insurer, New India Assurance Co., appealed, first to a Single Judge of the Patna High Court, which dismissed the appeal as non‑maintainable, …

UNION OF INDIA AND ORS.versusK.S. JOSEPH AND ORS. ETC.

2004 INSC 85Disposed off

The Union of India appealed against a Central Administrative Tribunal order that had upgraded the pay scales of certain semi‑skilled workers recruited in 1985 to the skilled‑worker scale, based on a Ministry of Defence letter dated 15 October 1984. The 1984 letter, issued following recommendations …

M/S. UPTRON INDIA LTD.versusUNION OF INDIA AND ANR.

2004 INSC 86Dismissed

Uptron India Ltd entered into a contract with the Union of India to maintain community viewing sets in seven North‑Eastern states, but the government failed to make the agreed payments, leading to arbitration. The arbitrator issued an award on 18 June 1990, which Uptron sought to have declared a …

STATE OF KERALA AND ANRversusCHANDRAMOHANAN

2004 INSC 63Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that quashed charges under Sections 3(i) and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the victim’s family had converted to Christianity two centuries earlier and therefore ceased …

NATIONAL INSURANCE CO. LTD.versusRAM KALI AND ORS.

2004 INSC 2Dismissed

The case arose from a motor accident involving a Maruti Van owned by the respondents. A claim for compensation was filed under the Motor Vehicles Act, 1988 against National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded compensation even though it found that the respondents had …

NATIONAL INSURANCE CO. LTD.versusSAVITRI DEVI AND ORS.

2004 INSC 3Dismissed

The case arose from a motor accident in which the vehicle was being driven by the first respondent without a valid licence. The claimant, Savitri Devi, filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held that National Insurance Co. Ltd., the …

NATIONAL INSURANCE CO. LTD.versusSWARAN SINGH AND ORS.

2004 INSC 4Dismissed

The Supreme Court examined a batch of Special Leave Petitions challenging awards of Motor Vehicles Claims Tribunals where National Insurance Co. Ltd. sought to avoid liability under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 on grounds that the vehicle was driven by a person without a …

STATE OF MANIPUR AND ANR.versusR.K. MANIKANTA SINGH AND ORS.

2003 INSC 747Disposed off

The State of Manipur appealed a High Court judgment that had directed monetary benefits for R.K. Manikanta Singh, a retired Additional Chief Engineer, based on a 1999 order relaxing eligibility criteria for promotion. Singh had been granted a relaxation under Rule 5 of the 1993 Recruitment Rules, …

HARISHCHANDRA HEGDEversusSTATE OF KARNATAKA AND ORS.

2003 INSC 738Dismissed

The appellant purchased a two‑acre parcel of land granted to Smt. Gangamma in 1961 and invested in improvements. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which came into force in 1979, declares any transfer of such granted land in …

E.A. SATHY ANESANversusV.K. AGNIHOTRI AND ORS.

2003 INSC 739Appeal(s) allowed

The appellant, a railway employee, challenged the Railway Administration's use of the 40‑point roster for promotions on the basis of vacancies rather than cadre strength. The Central Administrative Tribunal (CAT) held that reservation must operate on cadre strength and seniority, directing the …

AJAY KUMAR POEIAversusSHYAM AND ORS.

2003 INSC 704Dismissed

In a Uttar Pradesh Legislative Assembly election for a seat reserved for Scheduled Castes, the appellant challenged the election of the respondent on the ground that the respondent was not a member of a Scheduled Caste. The election petition relied on various statements about the respondent's caste …

COLLECTOR OF CENTRAL EXCISE, AHMEDABADversusORIENT FABRICS PVT. LTD.

2003 INSC 669Dismissed

The Collector of Central Excise assessed additional duty on Orient Fabrics for alleged mis‑disclosure and undervaluation of fabric, also ordered confiscation of 35 bales and imposed a penalty. The Central Excise and Gold (Control) Appellate Tribunal allowed the appeals, holding that the Central …

STATE OF JAMMU AND KASHMIRversusGHULAM MOHD. DAR AND ANR.

2003 INSC 654Appeal(s) allowed

The State of Jammu and Kashmir issued a tender for construction work which was accepted by Ghulam Mohammad Dar, and the parties entered into a contract containing an arbitration clause. After completing the work, the contractor sought a 42% escalation payment, which the Chief Engineer indicated …

STATE OF KERALA AND ORS.versusN. AVINASIAPPAN

2003 INSC 656Appeal(s) allowed

In 1989, Excise officials seized a lorry and 45 barrels of spirit allegedly belonging to the respondent. After the driver and cleaner compounded the offence, the Joint Commissioner released the vehicle upon a bank guarantee. The respondent's appeal under Section 678 of the Kerala Abkari Act was …

KHETRABASL BLSWALversusAJAYA KUMAR BARAL AND ORS.

2003 INSC 657Appeal(s) allowed

The Orissa Public Service Commission selected 39 candidates for temporary Munsif posts and sent its merit list to the State Government, which prepared a different list omitting several selectees. Writ petitions were filed challenging the State list; the Orissa High Court prepared its own list and …

UNION OF INDIA AND ANR.versusM/S. SOHAN LAL PUGLIA

2003 INSC 648Appeal(s) allowed

The Union of India entered into a contract for the supply and construction of a stone ballast machine, which contained an arbitration clause requiring the appointment of Gazetted officers as arbitrators for disputes exceeding Rs.5 lakh. When the Department failed to appoint an arbitrator, the …

SUDHAKAR VITHAL KUMBHAREversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 640Case Partly allowed

Sudhakar Vithal Kumbhare, a resident of Madhya Pradesh belonging to the Halba tribe, was promoted to Assistant Engineer in the Maharashtra State Electricity Board under a reserved post. The Board later reverted him to Junior Engineer, arguing that he was not entitled to reservation benefits in …

STATE OF ORISSA AND ORS.versusJOGINDER PATJOSHI AND ANR.

2003 INSC 629Appeal(s) allowed

The case concerned the interpretation of Rule 8(1)(a) and (b) of the Orissa Revised Scales of Pay Rules, 1985, which governed the fixation of pay for university lecturers and professors after a revision of pay scales. The petitioners, who were professors, argued that, in addition to being placed at …

DHARAM CHAND AND ORS.versusHARYANA AGRICULTURAL UNIVERSITY AND ORS

2003 INSC 626Dismissed

The appellants, clerical staff appointed after 6 June 1980, challenged a University notification that gave a higher pay scale to clerks appointed before that date, invoking the principle of equal pay for equal work. The University had revised pay scales on 6 June 1980 and, following the Anomaly …

DULAL PODDARversusEXECUTIVE ENGINEER, DONA CANAL DIVISION AND ORS.

2003 INSC 627Dismissed

The appellant, a contractor, entered into a canal construction contract with the respondent department, which contained an arbitration clause appointing the Superintending Engineer as arbitrator. After an interim award, the arbitrator failed to pass a final award, prompting the contractor to invoke …

INDIRA VIJversusSTATE OF HARYANA

2003 INSC 628Dismissed

Indira, an English teacher who became Head of Department in Applied Sciences at a government polytechnic, sought promotion to Principal of an Engineering Institute. Under the Haryana Technical Education Department (Group‑A) Service Rules, Rule 9(1)(c)(i) allowed promotion only from Heads of …

P.N. PREMACHANDRANversusTHE STATE OF KERALA AND ORS.

2003 INSC 613Dismissed

In the Kerala Department of Agriculture, Soil Survey Assistants were temporarily promoted to Assistant Director (Soil Survey) from 1964 to 1980 because a Departmental Promotion Committee (DPC) had not been constituted. When the DPC was finally formed in 1984, it regularised those temporary …

STATE OF KARNATAKA AND ORS.versusP.M. BHASKARA GOWDA AND ORS.

2003 INSC 614Disposed off

The Karnataka Village Officers' Abolition Act, 1961 abolished hereditary village offices but permitted existing holders to continue on an ad‑hoc basis. The respondents, appointed as Gram Sahayaks on a compassionate, contract basis between 1979‑1983, sought regularisation as Group D employees with …

STATE OF HARYANA AND ORS.versusSUMITRA DEVI AND ORS.

2003 INSC 615Appeal(s) allowed

The respondents, appointed as JBT teachers in Haryana in the early 1980s, already possessed B.Ed. or equivalent qualifications before their appointments. They claimed entitlement to a higher pay scale under a 1957 Punjab Government circular that linked higher qualifications to higher grades. The …

MALLIKARJUNversusGULBARGA UNIVERSITY

2003 INSC 604Appeal(s) allowed

The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer …

ORIENTAL INSURANCE CO. LTD.versusT.S. SASTRY

2003 INSC 586Dismissed

The respondent, an Inspector Grade I, was placed on a waiting list for promotion to Assistant Administrative Officer (Development) after a panel of eight names was prepared. During the panel's validity, two new posts were created, and the respondent claimed promotion, but the insurer filled the …

APANGSHU MOHAN LODH AND ORS.versusSTATE OF TRIPURA AND ORS.

2003 INSC 587Dismissed

The appellants, practising advocates, were appointed as part‑time lecturers in a medical college in Tripura on a fixed contractual pay. They filed a writ petition under Article 226 seeking proportionate equal pay for equal work, i.e., the minimum pay scale of regular assistant professors. A single …

TEJUMAL BHOJWANI (DEAD) THROUGH LRS. AND ORS.versusSTATE OF U.P.

2003 INSC 424Disposed off

The petitioners, owners of a large tract of land in Sitapur, Uttar Pradesh, challenged the compensation awarded by the U.P. Awas Evam Vikas Parishad under its 1965 Adhiniyam for land acquired for a housing scheme. The Land Acquisition Officer had offered Rs 2‑3 per sq ft and separate amounts for …

SATYA RANJAN MAJHI AND ANR.versusSTATE OF ORISSA AND ORS.

2003 INSC 420Dismissed

The petitioners challenged Sections 2 and 7 of the Orissa Freedom of Religion Act, 1967 and Rules 4 and 5 of the Orissa Freedom of Religion Rules, 1989, including sub‑rule (3) of Rule 5, before the Orissa High Court, which dismissed the petition. They filed a Special Leave Petition before the …

GWALIOR DUGDHA SANGH SAHAKARI LTD.versusG.M. GOVT. MILK SCHEME, NAGPUR AND ORS.

2003 INSC 411Disposed off

Gwalior Dugdha Sangh Sahakarj Ltd, a society registered under the Madhya Pradesh Co-operative Societies Act, entered into milk supply agreements with the Government Milk Scheme, Nagpur, which were executed in Maharashtra. The agreements contained an arbitration clause designating the Dairy …

STATE OF HARYANA AND ORS.versusINDIRA KUMARI

2003 INSC 390Dismissed

The respondents, language teachers employed by the State of Haryana, sought promotion on the ground that the Certificate of Junior Basic Training (J.B.T.) should be treated as equivalent to the required Orientation Training (O.T.). The State had issued a notification on 12 March 1976 declaring …

MADAN MOHAN RAJGARHIAversusM/S. MAHENDRA R. SHAH & BROS. AND ANR.

2003 INSC 349Dismissed

Madan Mohan Rajgarhia, a non‑member trader, sued M/s Mahendra R. Shah & Bros., a broker and member of the Bombay Stock Exchange, for recovery of Rs.5,63,334. The respondents invoked Section 34 of the Arbitration Act, 1940, seeking a stay on the ground that the dispute fell within the arbitration …

STATE OF U.P.versusALLIED CONSTRUCTIONS

2003 INSC 350Disposed off

The State of Uttar Pradesh contracted Allied Constructions to build a bridge-cum-fall, but a flood in August 1991 damaged the partially completed work. Allied claimed loss and obtained an arbitral award of Rs.12,55,365 with interest. The State contended that Clause 47 of the contract, a …

HON'BLE SHRI RANGANATH MISHRAversusUNION OF INDIA AND ORS.

2003 INSC 351Disposed off

The petitioner, a former Supreme Court judge, wrote a letter to the Chief Justice seeking directions for the State to educate citizens about their fundamental duties, and the letter was treated as a writ petition under Article 32. The Court appointed Shri K. Parasaran as amicus curiae and considered …

STATE OF ORISSAversusLOCHAN NAYAK (DEAD) BY LRS.

2003 INSC 352Appeal(s) allowed

The respondents were originally allotted land under the Orissa Land Reforms Act, 1960, but the allotment was cancelled by the Divisional Commissioner in 1984 on procedural grounds. The respondents challenged this cancellation in the Orissa High Court in 1986, which remanded the matter for fresh …

STATE OF ORISSAversusNITYANAND SATPATHY AND ORS.

2003 INSC 353Appeal(s) allowed

The State of Orissa challenged the validity of a settlement made in 1964 by the Deputy Collector in favour of the sons of the late intermediary Manindra Chandra Sinha over a tract of non‑agricultural (Anabadi) land in Badagaon, Puri. The land had vested in the State under the Orissa Estates …

DIPAK CHANDRA RUHIDASversusCHANDAN KUMAR SARKAR

2003 INSC 354Dismissed

The appellant, Dipak Chandra Ruhidas, challenged the election of Chandan Kumar Sarkar to the Assam Legislative Assembly on the ground that Sarkar's nomination was improperly accepted despite not being a Scheduled Caste member. The Gauhati High Court dismissed the election petition under Section …

SAYEDA AKHTARversusABDUL AHAD

2003 INSC 321Appeal(s) allowed

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961, alleging non‑payment of rent and nuisance. The tenant failed to pay the arrears and did not apply for an extension of time to deposit the rent. The trial court decreed eviction, which was …

A. MOHAMMED BASHEERversusSTATE OF KERALA AND ORS.

2003 INSC 317Appeal(s) allowed

The Kerala Forest Department auctioned the right to collect residual tree growth and fire wood. The appellant bid Rs 3,00,100, but before the bid was confirmed a fire destroyed a substantial part of the subject matter. The appellant requested a reduction in the bid amount, yet the Managing Director …

KAPILA HINGORANIversusSTATE OF BIHAR

2003 INSC 293Directions issued

The Supreme Court entertained a public‑interest writ petition alleging that numerous Bihar‑owned public sector undertakings had failed to pay salaries for years, leading to starvation deaths and suicides of employees and their families. The petition sought directions for payment of arrears and held …

H. SESHADRIversusK.R. NATARAJAN AND ANR.

2003 INSC 227Appeal(s) allowed

The appellant, H. Seshadri, was a shop tenant in a residential building whose residential tenant (respondent No.2) was evicted by a decree. During the execution of that decree, Seshadri was also evicted. He filed an application under Order XXI Rules 99 and 100 of the CPC claiming an independent …

UNION OF INDIAversusJUSTICE (RETD.) S. N. SAXENA AND ORS.

2003 INSC 112Dismissed

Retired judges of the High Court, including Justice S.N. Saxena, sought payment of the balance of their leave‑encashment amount or permission to deposit it in the Treasury after retirement. The Union of India refused, relying on the "one‑time settlement" concept in Rule 208 of the All India Services …

IMDAD ALIversusKESHAV CHAND AND ORS.

2003 INSC 105Appeal(s) allowed

The landlord of a shop in Neemuch sued the heirs of the original tenant for eviction after they defaulted on rent. The original tenant, Badri Lal, had previously avoided eviction by invoking the proviso to sub‑section (3) of section 12 of the Madhya Pradesh Accommodation Control Act, 1961, and …

CHIEF FOREST CONSERVATOR (WILD LIFE) AND ORS.versusNISAR KHAN

2003 INSC 99Disposed off

The Supreme Court examined whether a licence could be granted to Nisar Khan for dealing in captive birds listed in Schedule IV of the Wildlife (Protection) Act, 1972 when hunting—including trapping—of those species is prohibited under Section 9. The High Court had directed the licensing authority to …

SHANKAR POPAT GAIDHANIversusHIRMANI UMAJI MORE (DEAD) BY LRS. AND ORS.

2003 INSC 89Appeal(s) allowed

The appellant, an agricultural tenant, occupied a four‑acre plot that the deceased original owner had repeatedly agreed to sell to various parties, including the plaintiff who paid part consideration but the sale deed was never executed. The plaintiff sued for specific performance of the sale …

M.V. SHANKAR BHAI AND ANR.versusCLAUDE PINTO (SINCE DECEASED) BY LRS. AND ORS.

2003 INSC 91Dismissed

The testator Claude Pinto executed a will appointing his son as executor to sell a property and distribute the proceeds, while also allowing the legatees to seek partition. The executor entered into a sale agreement with the tenant, M.V. Shankar Bhoi, which contained a clause that the sale was …

ABATI BEZBARUAHversusDIRECTOR GENERAL GEOLOGICAL SURVEY OF INDIA AND ANR.

2003 INSC 92Case Partly allowed

The wife of the deceased, Dr. Ramani Kanta Bezbaruah, claimed compensation after her husband died in a road accident. The Motor Accident Claims Tribunal awarded Rs. 2,50,200 with 6% interest, which the Gauhati High Court enhanced in both compensation and interest (to 8%). The appellant contended …

KASTURI BAI AND ORS.versusANGURI CHAUDHARY

2003 INSC 64Appeal(s) allowed

The plaintiff filed a suit for partition and sought the appointment of a guardian for the 87‑year‑old defendant under Order 32 Rule 15 of the CPC, alleging mental infirmity. The trial court dismissed the application, prompting a revision before a Single Judge of the High Court, who set aside the …

ZAHIRUL ISLAMversusMOHD. USMAN AND ORS.

2002 INSC 569Appeal(s) allowed

The plaintiff, Zahirul Islam, sued Mohd. Usman and others. One of the defendants (Defendant No.2) died on 1 February 1995, but the trial court proceeded ex parte against him without substituting his legal representative. The legal representative later sought a stay of execution of the decree under …

NARAYANASWAMY RAVISHANKARversusASSTT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE

2002 INSC 421Dismissed

The appellant was found with 5,940 grams of heroin concealed in a suitcase at Chennai International Airport while attempting to transport it to Singapore. The trial court acquitted him on the ground that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, but the High …