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409 judgments · newest first · showing 1–200

COMMISSIONER OF INCOME TAXversusP.V.A.L. KULANDAGAN CHETTIAR (DEAD) THROUGH LRS.

2004 INSC 382Dismissed

The assessee, a firm owning rubber estates in Malaysia, earned business income and short‑term capital gains from the Malaysian property. The Income Tax Officer in India taxed both incomes, but the Commissioner of Income Tax (Appeals) held, relying on Article VII(1) of the India‑Malaysia Double …

SAKSHIversusUNION OF INDIA

2004 INSC 383Dismissed

The Supreme Court considered a public‑interest writ petition seeking a declaration that the term "sexual intercourse" in Section 375 of the Indian Penal Code should be interpreted to include all forms of penetration, thereby expanding the definition of rape. The petition also sought procedural …

TRANSMISSION CORPORATION OF A.P.versusCH. PRABHAKAR AND ORS.

2004 INSC 384Matter referred to larger bench

The case arose when a flour mill owned by the writ petitioners was found to be stealing electricity, leading to an FIR and trial under the Indian Electricity Act, 1910. While the trial was pending before a Metropolitan Magistrate, Andhra Pradesh amended the Act (2000) to create Special Tribunals and …

STATE OF WEST BENGALversusHARESH C. BANERJEE AND ORS.

2004 INSC 385Matter referred to larger bench

The Supreme Court considered an appeal challenging the constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, which the Calcutta High Court had declared ultra vires. The Court noted that the issue also raised questions about the operation of the West …

ASSOCIATION OF REGISTRATION PLATESversusUNION OF INDIA AND ORS.

2004 INSC 386Matter referred to larger bench

The petitioners challenged Clause 4(x) of the Motor Vehicles (New High Security Vehicle Registration Plates) Order, 2001 and the eligibility conditions in various State NITs, alleging that they created a monopoly in favour of a single private manufacturer, violating Article 19(1)(g) of the …

TATA MOTORS LTD.versusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 367Case Partly allowed

Tata Motors Ltd., a manufacturer of motor vehicle chassis and parts, claimed a set‑off of sales tax for purchases of steel that later became scrap, invoking Rules 41D and 41E of the Bombay Sales Tax Rules. The Maharashtra Sales Tax Laws (Levy, Amendment and Repeal) Act, 1989 retrospectively withdrew …

MODERN TERRY TOWEL LTD.versusSOLANKI MULJIBHAI REVABHAI HARIJAN VYAS AND ORS.

2004 INSC 336Appeal(s) allowed

The Gujarat High Court ordered the closure of Modern Terry Towel Ltd.'s factory for discharging trade effluents and required the company to deposit sums of Rs. 75,000 and Rs. 75 lakh as a condition for restarting non‑effluent‑generating operations. The parties later entered into an agreement whereby …

M/S. TATA IRON AND STEEL CO. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PATNA

2004 INSC 337Appeal(s) allowed

Tata Iron & Steel Co. Ltd. manufactured electric overhead travelling (EOT) cranes and challenged the liability of excise duty on them. The Customs, Excise and Gold (Control) Appellate Tribunal, relying on a Patna High Court decision, held the cranes to be "complete cranes" under tariff heading 81.26 …

A. INFRASTRUCTURE LTD.versusCOMMISSIONER OF CENTRAL EXCISE, JAIPUR

2004 INSC 338Appeal(s) allowed

A Infrastructure Ltd., a manufacturer supplying goods to Government and public sector undertakings, claimed deductions for interest on delayed payments (3‑12 months) and bank/collection charges under Section 35L(b) of the Central Excise Act, 1944. The assessing authority, appellate authority and the …

SHAKUNTALA BAI AND ORS.versusNARAYAN DAS AND ORS.

2004 INSC 339Appeal(s) allowed

The appellants, heirs of Girdhari Lal Gattani, filed a suit in 1962 under the Madhya Pradesh Accommodation Control Act, 1961 seeking eviction of the respondents, tenants, on the ground of bona fide requirement of the landlord for non‑residential premises. The suit was decreed, but the tenants …

M/S. SONY INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI

2004 INSC 340Dismissed

Sony India Ltd, a colour‑television manufacturer, cleared packed TVs from its factory without printing the maximum retail price, affixing the price later at its depots and offering free gifts to buyers. The Central Excise authority demanded duty at the 18% ad valorem rate (based on the printed …

M/S. MENTHA AND ALLIED PRODUCTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MEERUT

2004 INSC 342Case Partly allowed

Mentha & Allied Products Ltd manufactured menthol under a licence granted under the Drugs and Cosmetics Act and claimed exemption from central excise duty under Notification No. 31188‑CE, which exempts "bulk drugs" as defined in the Drugs (Prices Control) Order, 1987. The Central Excise Collector …

M/S. ELPHINSTONE METAL ROLLING MILLSversusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

2004 INSC 343Dismissed

Elphinstone Metal Rolling Mills, a manufacturer of copper sheets, wires and billets, claimed exemption from excise duty under Notifications 74/65‑CE and 119/66‑CE on the basis that its products were made from old copper scrap purchased from the open market. The Central Excise authorities issued …

COMMISSIONER OF CENTRAL EXCISE, AHMEDABADversusM/S. SUSMA TEXTILE PVT. LTD.

2004 INSC 344Dismissed

The respondents, Susma Textile Pvt. Ltd., manufacture cotton fabrics that are stiff and heavily sized with starch gum and inorganic fillers. They initially classified the product under heading 52.06 of the Central Excise Tariff Act, 1985, but the excise department re‑classified it under heading …

ASSOCIATED CEMENT CO. LTD.versusSTATE OF M.P. AND ORS.

2004 INSC 345

The Municipal Corporation of Katni imposed an export tax on "all types of cement" under a municipal resolution. Associated Cement Co. Ltd. argued that its refractory cement, used for furnace linings and high‑temperature applications, is not cement in the ordinary commercial sense and therefore not …

P.M. BHARGAVA AND ORS.versusUNIVERSITY GRANTS COMMISSION AND ORS.

2004 INSC 346Dismissed

The petitioners filed a public‑interest writ in the Andhra Pradesh High Court seeking a mandamus to stop the University Grants Commission (UGC) from starting graduate and postgraduate courses in Jyotir Vigyan (Vedic Astrology). The High Court dismissed the petition as non‑maintainable, and the …

M/S. TECUMSEH PRODUCTS INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, HYDERABAD

2004 INSC 347Case Partly allowed

Tecumseh Products India Ltd repaired compressors by replacing stators. The stators were fabricated by external job workers and then received by the company, which performed shaping, varnishing and baking before fitting them into compressors. The Central Excise Collector treated these activities as …

PUNE MUNICIPAL CORPORATIONversusPROMOTERS AND BUILDERS ASSOCIATION AND ANR.

2004 INSC 348Appeal(s) allowed

The Pune Municipal Corporation (PMC) was directed by the Maharashtra Government under section 37 of the Maharashtra Regional and Town Planning Act, 1966 to amend its Development Control Rules (OCR) in line with Bombay's OCR. After publishing the proposed amendments and inviting objections, the State …

BRAHMO SAMAJ EDUCATION SOCIETY AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2004 INSC 349Case Allowed

The Brahmo Samaj Education Society, claiming minority status, runs several state‑aided colleges and challenged the West Bengal College Service Commission's authority to appoint teachers in its institutions. The Society argued that Articles 19(1)(g) and 26(a) of the Constitution guarantee its right …

USHA MEHTA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 333Dismissed

The Supreme Court examined Maharashtra's policy that made Marathi a compulsory subject in schools run by the Gujarati linguistic minority, which required teaching four languages instead of the usual three. The petitioners argued that this violated their constitutional right under Article 30(1) to …

STATE OF PUNJABversusM/S. GURANDITTA MAL SHANTI PRAKASH ETC.

2004 INSC 351Dismissed

The State of Punjab appealed a High Court decision that had held market fee payable by buyers was not part of the sale consideration, and therefore the seller was not liable to pay purchase tax on it. The Supreme Court examined the definition of "turnover" under the Punjab General Sales Tax Act and …

M/S. GEO MILLER AND CO. PVT. LTD. AND ORS.versusSTATE OF M.P. AND ORS.

2004 INSC 352Dismissed

MIS Geo Miller & Co. Pvt. Ltd. and others, registered dealers under the Madhya Pradesh General Sales Tax Act, were assessed entry tax under the Madhya Pradesh Entry Tax Act, 1976 for goods brought into the state for execution of works contracts. They contended that the tax violated Article 301 (and …

POHLA SINGH @ POHLA RAM (D) BY LRS. AND ORS.versusSTATE OF PUNJAB AND ORS.

2004 INSC 353Appeal(s) allowed

The case concerned land allotted to Dhanna Singh, a displaced person, under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, which was later declared surplus under the Pepsu Tenancy and Agricultural Lands Act, 1955 and allotted to Pohla Singh and others. Dhanna Singh (through his …

M/S. MULLER AND PHIPPS (INDIA) LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY-I

2004 INSC 354Appeal(s) allowed

Muller & Phipps (India) Ltd. appealed against the Central Excise Tribunal’s classification of its Johnson’s Prickly Heat Powder and Phipps Processed Talc as cosmetics/toilet preparations under tariff heading 33.04. The Collector (Appeals) had classified them as patent or proprietary medicines under …

DEEPAK NITRITE LTD.versusSTATE OF GUJARAT AND ORS.

2004 INSC 355Disposed off

The Supreme Court heard appeals against a Gujarat High Court order that required 252 chemical industries in the Nandesari industrial estate to pay 1% of their maximum annual turnover as compensation for alleged pollution. The High Court had found that the units violated Gujarat Pollution Control …

UGAM CHAND BHANDARIversusCOMMISSIONER OF CENTRAL EXCISE, MADRAS

2004 INSC 356Case Partly allowed

U.C. Bhandari, a manufacturer of water‑proof fabrics, appealed against the Commissioner of Central Excise, challenging the classification of its products under Tariff Heading 52.07 (cotton fabrics water‑proofed) instead of Heading 59.06 (impregnated, coated fabrics). The Tribunal had held that the …

PUBLIC UNION OF CLVIL LIBERTIESversusSTATE OF TAMIL NADU AND ORS.

2004 INSC 357

The Supreme Court entertained a writ petition filed by the Public Union for Civil Liberties concerning the plight of migrant bonded labourers, especially those from Tamil Nadu working in other states. The Court noted that earlier orders had tasked the National Human Rights Commission (NHRC) with …

STATE REP. BY INSPECTOR OF POLICE AND ORS.versusN.M.T. JOY IMMACULATE

2004 INSC 334Appeal(s) allowed

The Supreme Court examined a criminal revision petition filed by the State of Tamil Nadu under Section 397 of the Code of Criminal Procedure challenging a Metropolitan Magistrate’s order granting one‑day police custody to the accused, Joy Immaculate. The Court held that such a remand order is a pure …

M/S. H.B.L. AIRCRAFT BATTERIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, HYDERABAD

2004 INSC 358Appeal(s) allowed

H.B.L. Aircraft Batteries Ltd manufactured silver‑oxide zinc batteries and sold them to the Ministry of Defence (MOD) at a lower price and to Hindustan Aeronautics Ltd (HAL) at a higher price. The contract with MOD required MOD to supply silver at Rs 2,500 per kg (the mint price); when mint stocks …

J.C. SEHGALversusDEVI DASS AND ORS.

2004 INSC 314Leave Granted & Allowed

The dispute concerned a four‑room property in Jammu that was sold by Issar Dass to Ved Paul Gupta, who later sold it to Shashi Kant and then to Raj Kumar, the tenant. Devi Dass (respondent No. 1) filed a pre‑emption suit in 1978 under the J&K Rights of Prior Purchase Act, 1936, claiming a right …

COMMISSIONER OF CENTRAL EXCISE, SURATversusM/S. SURAT TEXTILE MILLS LTD. AND ORS.

2004 INSC 309Disposed off

The Commissioner of Central Excise appealed against orders of the Custom, Excise and Gold (Control) Appellate Tribunal (CEGAT) which had held that advertising expenses recovered from dealers could not be added to the assessable value of processed fabrics and beverage bases. The Supreme Court …

B.S. ADITYAN AND ORS.versusB. RAMACHANDRAN ADITYAN AND ORS.

2004 INSC 274Dismissed

The respondents sought leave under Section 92 of the CPC to file a suit for removal of trustees and framing of a scheme, which the High Court initially denied but later granted on appeal. The Supreme Court examined whether a court must give notice to the proposed defendants before granting such …

KARNATAKA BOARD OF WAKFversusGOVERNMENT OF INDIA AND ORS.

2004 INSC 276Dismissed

The Karnataka Board of Wakf claimed ownership of three properties in Bijapur, asserting that a 1976 notification and Gazette declared them Wakf under the Wakf Act, 1954, and that the Government of India’s claim of title by adverse possession was untenable. The Government countered that the …

VISHWANATH JHUNJHUNWALAversusSTATE OF UTTAR PRADESH AND ANR.

2004 INSC 279Appeal(s) allowed

The appellant, a partnership firm engaged in oil refining on its own account and on a job‑work basis, sought to import coal from outside Uttar Pradesh using Form‑31, which is required for imports "in connection with business" under the U.P. Sales Tax Act, 1948. The Assistant Commissioner issued a …

PUKHRAJ D. JAIN AND ORS.versusG. GOPALAKRISHNA

2004 INSC 281Appeal(s) allowed

The original owners of a residential building executed an agreement to sell the property to Dr. Gopalakrishna in 1974 and received an advance, but Gopalakrishna later rescinded the contract and sued for recovery of the advance. He subsequently sought to amend his suit for specific performance, which …

M/S HANIL ERA TEXTILES LTD.versusM/S. PUROMATIC FILTERS (P) LTD.

2004 INSC 282Appeal(s) allowed

Hanil Era Textiles Ltd placed a purchase order in Mumbai for filters, paying an advance there, and the order was accepted by the seller's Mumbai branch. The goods were later dispatched from the seller's Delhi factory to the buyer in Delhi, and the buyer filed a suit in the Delhi court for recovery …

N.D.P. NAMBOODRIPADversusUNION OF INDIA AND ORS.

2004 INSC 284Case Partly allowed

N.D.P. Namboodripad, a retired High Court Judge of Kerala, challenged the method used by the Central and State Governments to calculate his pension, arguing that his last drawn emoluments should include dearness allowance and special allowances as per Rule 62 of the Kerala Service Rules. The High …

GAYATRI DEversusMOUSUMI CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.

2004 INSC 271Appeal(s) allowed

The appellant, a daughter of a deceased member of Mousumi Co-operative Housing Society, sought transfer of a flat allotted to her father after his death intestate. The Society, under a Special Officer appointed by the High Court, declared the flat re‑allotted because the heirs had not claimed the …

TAMIL NADU KALYANA MANDAPAM ASSN.versusUNION OF INDIA AND ORS.

2004 INSC 269Dismissed

The Tamil Nadu Kalyana Mandapam Association, representing mandap‑keepers who let out halls and provide catering, challenged the levy of service tax on their services under Sections 66 and 67 of the Finance Act, 1994 and Rule 2(1)(d)(ix) of the Service Tax Rules, arguing that the tax was in substance …

LAXMAPPA BHIMAPPA HULSGERI BY LRS. AND ORS.versusHANUMAPPA SHETTEPPA KORWAR AND ORS.

2004 INSC 261Appeal(s) allowed

The first respondent filed a suit claiming ownership and possession of a disputed parcel of land, alleging that his father had relinquished his rights and later sold the land to the appellant. The appellant contended that the father had taken loans, created a mortgage, and granted a 60‑year lease, …

CANBANK FINANCIAL SERVICESversusCUSTODIAN AND ANR.

2004 INSC 248Appeal(s) allowed

Canbank Financial Services engaged a share broker (Respondent No.2) to sell 10 lakh shares of Reliance Petro Chemicals Ltd. The broker received Rs. 2.90 crores as sale proceeds but failed to remit the amount to the appellant. The broker was later notified under Section 3 of the Special Court (Trial …

BHARAT COKING COAL LTD.versusL.K. AHUJA

2004 INSC 257Disposed off

The dispute arose from contracts for work where the parties had agreed to refer disagreements to arbitration. After a fresh award was made by a newly appointed arbitrator, the appellant sought to set aside the award, challenging several items including sales‑tax refund and loss‑of‑profit claims, and …

MEDICAL COUNCIL OF INDIAversusRAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ORS.

2004 INSC 249Disposed off

The Medical Council of India (MCI) challenged interim orders issued by the Karnataka High Court that directed the Central Government to include seats of Rajiv Gandhi University of Health Sciences' medical college in the seat matrix despite the college not having its Section 10‑A permission renewed …

TEXTILE LABOUR ASSOCIATION AND ANR.versusTHE OFFICIAL LIQUIDATOR AND ANR.

2004 INSC 250Case Allowed

The Official Liquidator of Ambica Mills Ltd., a company under liquidation, sought the court’s permission to sell the company’s immovable assets and to distribute the proceeds, directing that the dues of ONGC Ltd. be paid first. The Textile Labour Association and another workers' union, representing …

DR. (MRS.) GURJEEWAN GAREWALversusDR. (MRS.) SUMITRA DASH AND ORS.

2004 INSC 260Appeal(s) allowed

Dr. Sumitra Dash, an employee of the Post Graduate Institute of Medical Education and Research (PGIMER), was granted a two‑year ex‑India leave on the condition that she would not seek an extension. She failed to rejoin after the leave expired, was deemed to have permanently vacated her post, and …

S.I. PARAS KUMAR AND ORS.versusS.I. RAM CHARAN AND ORS.

2004 INSC 253Disposed off

The Supreme Court examined a batch of appeals challenging out‑of‑turn promotions granted to police personnel in Punjab and Haryana on the basis of bravery in anti‑terrorist operations or outstanding performance in sports. The promotions were effected by circulars and guidelines issued by the …

M/S O.N.G.C. LTD.versusASSN. OF NATURAL GAS CONSUMING INDUSTRIES AND ORS.

2004 INSC 247IA disposed

The Supreme Court examined applications filed by two drug‑manufacturing companies, Sarabhai Common Services and Alembic Chemicals Ltd, challenging the manner in which ONGC Ltd calculated arrears of gas price differentials and claimed interest. The Court found that ONGC had not properly considered …

DALBIR SINGHversusSTATE OF U.P.

2004 INSC 243

Dalbir Singh was tried for the murder of his wife and two daughters and was convicted under Sections 302 and 498A of the IPC, while being acquitted of Section 304B. The High Court upheld the conviction under Section 498A and found that the evidence supported a conviction under Section 306 (abetment …

STATE OF GUJARAT AND ORS.versusAKHIL GUJARAT PRAVASI V.S. MAHAMANDAL AND ORS.

2004 INSC 246

The State of Gujarat amended the Bombay Motor Vehicles Tax Act, 1958 (via Gujarat Act No.9 of 2002) to impose a higher tax on "designated omnibuses" (contract carriages) and to require advance payment with a refund mechanism for non‑use. Bus operators challenged the amendment, alleging violation of …

NATIONAL TEXTILE CORPN. LTD. AND ORS.versusM/S. HARIBOX SWALRAM AND ORS.

2004 INSC 233Appeal(s) allowed

The petitioners had advance contracts with two Bombay textile mills for cloth, but after the mills were taken over by the Central Government under the Textile Undertakings (Taking over of Management) Act, 1983, the custodian claimed the contracts were cancelled and it bore no liability for …

DENTAL COUNCIL OF INDIAversusS.R.M. INSTITUTE OF SCIENCE AND TECHNOLOGY AND ANR.

2004 INSC 234Case Partly allowed

The S.R.M. Institute filed a writ petition seeking to start six new M.D.S. courses without obtaining the essentiality certificate from the Tamil Nadu State Government, arguing that the High Court erred in directing the Government of India to process its incomplete application. The Dental Council of …

SPECIAL REFERENCE NO. 1 OF 2001versus-

2004 INSC 209Dismissed

The President referred three questions to the Supreme Court under Article 143(1) concerning whether natural gas (including LNG) falls under the Union List (Entry 53, List I), whether States can legislate on it under Entry 25, List II, and whether Gujarat's Gas (Regulation of Transmission, Supply and …

GAON SABHA AND ANR.versusNATHI AND ORS.

2004 INSC 197Appeal(s) allowed

The Supreme Court examined a dispute over compensation for land acquired under the Land Acquisition Act, where the land was recorded as Gair Mumkin Pahar. The appellants, Gaon Sabha, argued that the land vested in the Gaon Sabha under the Delhi Land Reforms Act and that the private respondents were …

BAJARANGLAL SHIVCHANDRAI RUIAversusSHASHIKANT N. RUIA AND ORS.

2004 INSC 198Appeal(s) allowed

The Supreme Court allowed the appeal of Bajranglal (appellant) against a Bombay High Court Division Bench judgment that had set aside a Single Judge’s finding that the plaintiff’s title to a property was void. The appellant argued that the Division Bench erred in holding that the auction sale …

KIRAN TANDONversusALLAHABAD DEVELOPMENT AUTHORITY AND ANR.

2004 INSC 199

The Allahabad Development Authority acquired land that had been leased by the State Government to Ravindra Kumar Tandon (later Kiran Tandon). The lease expired on 8 June 1987, but the Authority took possession on 16 June 1987. The claimant sought full compensation, while the Authority and the State …

STATE OF TAMIL NADU AND ANR.versusS.V. BRATHEEP (MINOR) AND ORS.

2004 INSC 171

The State of Tamil Nadu issued government orders fixing higher minimum percentage marks for admission to engineering colleges than those prescribed by the AICTE. Several students challenged the orders, and the Madras High Court struck them down, holding they conflicted with AICTE norms. On appeal, …

R.L. JAIN (D) BY LRS.versusDDA AND ORS.

2004 INSC 166Dismissed

The case concerned a plot of land that the original owner, R.L. Jain, bought at a public auction on the basis that it lay outside a 1959 preliminary acquisition notification. The government later took possession of the plot in 1961 and awarded compensation, which Jain accepted under protest. He …

COMMISSIONER OF POLICE AND ORS.versusACHARYA JAGADISHWARANANDA AVADHUTA AND ANR.

2004 INSC 158Appeal(s) allowed

The Supreme Court examined whether the Ananda Marga sect's performance of the Tandava dance in public processions is an essential or integral part of its religion protected by Articles 25 and 26 of the Constitution. The sect, founded in 1955, introduced the dance in 1966 and later prescribed it in …

CUSTOMS, NEW DELHIversusAHMADALIEVA NODIRA

2004 INSC 159Appeal(s) allowed

Customs detained an Uzbek national who was found carrying a large quantity of Diazepam tablets and she admitted the possession in a statement under Section 67 of the NDPS Act. The Special Court denied bail, but the Delhi High Court granted bail, holding that the prosecution had not produced material …

COLLECTOR OF CENTRAL EXCISE, PATNAversusM/S. TATA IRON AND STEEL CO. LTD.

2004 INSC 131Dismissed

The respondents, manufacturers of steel sheets, generate zinc dross and flux skimming as waste during the galvanisation process. The Revenue treated these residues as marketable commodities, issuing show‑cause notices for excise duty and penalty. The assessees argued that the residues are merely …

BARELLLY DEVELOPMENT AUTHORITYversusVRINDA GUJARATI AND ORS.

2004 INSC 132Appeal(s) allowed

The Bareilly Development Authority (BDA) ran a self‑financing housing scheme in which the brochure stated only an estimated cost of flats, with final costing to be determined later. After construction was altered from four storeys to two, the BDA raised the price of the flats based on actual …

BHARATI VIDYAPEETH (DEEMED UNIVERSITY) AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2004 INSC 140

Bharati Vidyapeeth, a society declared a deemed university under the UGC Act, had admitted students to its medical, engineering and dental colleges through the State's Common Entrance Test (CET) until 1995‑96. After obtaining deemed‑university status, it sought to conduct its own All‑India entrance …

THE DIVISIONAL MANAGER, APSRTC AND ORS.versusP. LAKSHMOJI RAO AND ORS.

2004 INSC 50Disposed off

The Andhra Pradesh State Road Transport Corporation (APSRTC) recruited conductors on a daily‑wage basis and later regularized them, counting seniority from the date of regularization. The conductors filed writ petitions under Article 226 seeking to have their regular appointment deemed effective …

RADHA RAMAN SAMANTAversusBANK OF INDIA AND ORS.

2003 INSC 742Appeal(s) allowed

R.R. Samanta was appointed as a Badli Subordinate Staff/Sepoy in the Bank of India and worked for about 492 days before being asked to stop. He filed a writ petition under Article 226 of the Constitution seeking direction for his absorption as a regular employee. The High Court Single Judge allowed …

UNION OF INDIA AND ORS.versusC. KRISHNA REDDY

2003 INSC 736Case Partly allowed

The Union of India appealed against a Madras High Court order directing payment of a reward to informant C. Krishna Reddy for information that led to customs duty evasion proceedings. The respondent claimed a reward of Rs.1,71,43,272, while the department had sanctioned only Rs.10 lakh. The Supreme …

PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANR.versusUNION OF INDIA

2003 INSC 721Dismissed

The Supreme Court examined a batch of writ petitions challenging the constitutional validity of the Prevention of Terrorist Act, 2002 (POTA). The petitioners argued that Parliament lacked legislative competence and that several provisions violated fundamental rights, including the right to privacy, …

S. DEVASAHAYAM AND ANR.versusJOINT DIRECTOR AND ANR.

2003 INSC 724Dismissed

The appellant, S. Dev Asahayam, was appointed as Head Master of a recognized aided school in Tamil Nadu, but the appointment was set aside by the Appellate Authority on the ground that he did not belong to the feeder category prescribed for the post. The appellant challenged the order through a writ …

BALESHWAR PASWAN AND ORS.versusSTATE OF BIHAR AND ORS.

2003 INSC 725Dismissed

The appellants were appointed as Assistants in the Bihar government through a test conducted by the Office of the Advocate General, while other Assistants were recruited via a general competitive examination. When the two cadres were merged, the government decided that those recruited through the …

VITHAL Y. GALTONDEversusUNION OF INDIA AND ANR.

2003 INSC 726Dismissed

Vithal Y. Gaitonde was appointed as a temporary operator in the Goa Post & Telegraph Services on 11 June 1962 under the Goa, Daman & Diu (Repeal of Posts and Telegraphs Law) Regulation, 1962, after Goa's liberation from Portuguese rule. He retired on 31 January 1994 and claimed that, because his …

PANNA LAL GHOSH AND ORS.versusLAND ACQUISITION COLLECTOR AND ORS.

2003 INSC 711Case Partly allowed

The appellants, owners of land acquired in Tripura under the Land Acquisition Act, 1894, received an award of Rs.12,000 per acre in 1974, which was later enhanced by the Reference Court to Rs.36,000 per acre with a 15% solatium and interest. They appealed to the High Court seeking further …

RAJASTHAN HIGH COURT, JODHPUR THROUGH REGISTRARversusBABU LAL ARORA

2003 INSC 712Appeal(s) allowed

The respondent, a Lower Division Clerk, was successively promoted to Upper Division Clerk, Court Fee Examiner/Stamp Reporter, and Bench Reader, the latter two posts carrying the same pay scale. He sought the benefit of the third selection grade under a 1992 Government circular, which was denied on …

GROUP GENERAL MANAGER (PROJECTS)versusA.M. SAIYED

2003 INSC 713Appeal(s) allowed

The appellant, a public sector undertaking, introduced a Leave Fare Assistance (LFA) scheme for employees posted away from their hometowns. The respondent, an employee posted in the Eastern Region (Assam) from 1982 to 1985, availed LFA for himself and also encashed LFA for his family for the block …

BASIC SHIKSHA PARISHAD AND ANR.versusSMT. SUGNA DEVI AND ORS.

2003 INSC 714Dismissed

Sugna Devi was appointed as an Assistant Teacher by the President of the District Board, Gonda, in 1966. After prolonged illness she returned to work in 1971 but was told she was terminated without any formal termination order. When basic education was transferred to the Basic Shiksha Parishad under …

BANK OF BARODAversusSADRUDDIN HASAN DAYA AND ANR.

2003 INSC 715Case Allowed

Bank of Baroda obtained a consent decree from the Supreme Court ordering the respondents, Sadruddin Hasan Daya and Shohin S. Daya, to pay a sum in instalments and to refrain from alienating three properties until the decree was satisfied. The respondents defaulted on payment and entered into a …

N.C. DHOUNDIALversusUNION OF INDIA AND ORS.

2003 INSC 703Case Partly allowed

In 1994 the CBI searched and later arrested a telecom officer, later filing a corruption charge‑sheet. The officer complained to the National Human Rights Commission (NHRC) alleging illegal detention and harassment. After an initial dismissal, the NHRC, treating the complaint as a review petition, …

AHMEDABAD EDUCATION SOCIETYversusGILBER B. SHAH AND ORS

2003 INSC 693Dismissed

The Ahmedabad Education Society (the Society) retired a teacher at age 58 under Rule 34 of the Bombay Primary Education (Gujarat Amendment) Rules, 1978, while the teacher claimed a right to serve until age 60 based on Rule 29 of the Society's Leave Rules. The teacher filed a suit seeking a …

CHALLAMANE HUCHHA GOWDAversusM.R. TIRUMALA AND ANR.

2003 INSC 694Appeal(s) allowed

The judgment debtor’s immovable property was put up for auction in execution of a decree. The debtor paid the entire decretal amount with costs to the decree holder and filed a memorandum of objection seeking to set aside the sale. The execution court treated the memorandum and the deposit as an …

M.P.A.L.T. PERMIT OWNERS ASSN. AND ANR.versusSTATE OF MADHYA PRADESH

2003 INSC 681Appeal(s) allowed

The Madhya Pradesh Motor Vehicle Taxation Act, 1991 (as amended in 1999) inserted sections permitting confiscation of a vehicle for non‑payment of tax, linking the power to offences under the Motor Vehicles Act, 1988 (Section 66 read with Section 192‑A). Petitioners challenged these provisions as …

R. SAI BHARATHIversusJ. JAYALALITHA AND ORS.

2003 INSC 668Dismissed

The State alleged that the Tamil Nadu Small Industries Corporation (TANSI) sold land at a price below market value to a firm in which the Chief Minister of Tamil Nadu and her associate were partners, thereby causing wrongful loss to the corporation and wrongful gain to the accused. The trial court …

OTIS ELEVATOR EMPLOYEE UNION S. REG. AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 624Dismissed

The petitioners challenged the Employees' Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 and the Employees' Family Pension Scheme, 1995 on the ground that diverting 8.33% of the employer's contribution to a pension fund and providing a low return amounted to arbitrariness, …

GYASUDDIN KHAN @ MD. GYASUDDLN KHANversusTHE STATE OF BIHAR

2003 INSC 617Appeal(s) allowed

The appellant, a constable, killed three fellow police personnel with a sten‑gun after being reprimanded and having adverse entries made against him. He was convicted under Section 302 IPC and Section 27 of the Arms Act and sentenced to death. The Supreme Court upheld the conviction under Section …

PREETAM SINGH AND ORS.versusSTATE OF RAJASTHAN

2003 INSC 600Disposed off

The Supreme Court examined a violent incident in which three accused, armed with deadly weapons, attacked the deceased Pyara Singh, causing his death and grievous injuries to three others. The accused claimed they acted in self‑defence and sought relief under Exception (4) to Section 300 IPC. The …

DR. MRS. RENUKA DATLAversusSOLVAY PHARMACEUTICAL B.V. AND ORS.

2003 INSC 583Disposed off

The petitioners, shareholders of two pharmaceutical companies, filed three suits seeking to restrain the transfer of their 4.91% shareholdings and obtained interim injunctions, which were later vacated by the trial and High Courts. The parties subsequently entered into a written settlement whereby …

THE STATE OF GOA AND ANR.versusM/S. COLFAX LABORATORIES.LTD. AND ANR.

2003 INSC 576Case Partly allowed

Colfax Laboratories manufactured after‑shave lotions (ASL) under a licence for cosmetics. In 1985 it sought re‑classification of the product as a "medicinal preparation" to obtain a lower excise duty; the Excise Commissioner classified it as medicinal, a decision later challenged. The State issued …

THE GOVERNMENT OF TAMIL NADU AND ORS.versusM. ANANCHU ASARI AND ORS.

2003 INSC 578Disposed off

The case concerned employees of the Tamil Nadu State Transport Department who were deputed to newly formed Transport Corporations and later permanently absorbed. The State Government fixed 1 May 1975 as the cut‑off date for determining pension eligibility, but the Madras High Court held this date …

SURESHCHANDRA SINGH AND ORS.versusFERTILIZER CORPN. OF INDIA LTD. AND ORS.

2003 INSC 560Dismissed

The Government of India, following the Fifth Central Pay Commission, issued an Office Memorandum (OM) on 13 May 1998 to raise the retirement age of Central Government employees from 58 to 60 years, stipulating that it would take effect only after amendment of the relevant rules. The Ministry of …

CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND ANR.

2003 INSC 482Appeal(s) allowed

The Centre for Public Interest Litigation challenged the Government of India's decision to sell majority shares of Hindustan Petroleum Corporation Ltd (HPCL) and Bharat Petroleum Corporation Ltd (BPCL) to private parties without amending the ESSO (Acquisition of Undertaking in India) Act, 1974, the …

STATE OF GUJARATversusSALIMBHAL ABDULGAFFAR SHAIKH AND ORS.

2003 INSC 456Appeal(s) allowed

The Gujarat High Court granted bail to several accused of the Godhra train fire under Section 439 of the Criminal Procedure Code, despite the offences also being covered by the Prevention of Terrorism Act, 2002 (POTA). The State appealed, arguing that the accused had not first applied for bail …

N.D. JAYAL AND ANR.versusUNION OF INDIA AND ORS.

2003 INSC 438Disposed off

The petitioners filed a public‑interest writ under Article 32 seeking a halt to the Tehri Dam project, directions for additional safety tests (3‑D non‑linear analysis and dam‑break simulation), compliance with the conditions of the 1990 environmental clearance, and proper rehabilitation of displaced …

MUNNAversusSTATE (N.C.T. OF DELHI)

2003 INSC 429Dismissed

The appellant Munna was convicted under the IPC, TADA and the Arms Act for participating in a robbery in which a lady’s gold bangles were taken. The prosecution’s case rested on the testimony of three eye‑witnesses who identified Munna for the first time in court, as no prior test identification …

A.I. RAILWAY PARCEL & GOODS PORTERS UNIONversusUNION OF INDIA AND ORS.

2003 INSC 412Disposed off

The All India Railway Parcel & Goods Porters Union sought the regularisation of parcel porters employed on a contract basis, arguing that the work is permanent and perennial and that earlier Supreme Court directions required their absorption as permanent employees. The Railway Administration …

STATE BANK OF INDIAversusL. KANNAIAH AND ORS.

2003 INSC 406Case Partly allowed

Several former army sepoys who joined the State Bank of India (SBI) as security guards sought admission to the SBI Employees' Pension Fund. Their applications were rejected on the grounds that they were over 35 years of age on the cut‑off date of 1 January 1965 (later raised to 38) and, for some, …

LUDHIANA CENTRAL CO-OPERATIVE BANK LTD.versusAMRIK SINGH AND ORS.

2003 INSC 407Appeal(s) allowed

The Ludhiana Central Co‑operative Bank invited applications for junior clerk/typist posts and, after conducting tests, prepared a merit list. The Registrar of Co‑operative Societies ordered a freeze on all appointments due to state elections, and the new government later banned all recruitments. …

S.R. RAMARAJversusSPECIAL COURT, BOMBAY

2003 INSC 401Appeal(s) allowed

Standard Chartered Bank sued Canbank Mutual Fund (CMF) for a refund of securities transactions. CMF's written statement, verified by its employee S.R. RamaraJ, claimed the transactions were squared off, a position later contested by the Special Court which held RamaraJ in contempt for allegedly …

M/S. BHILAI REROLLERS ETC. ETC.versusMADHYA PRADESH ELECTRICITY BOARD AND ORS.

2003 INSC 408Dismissed

The appellants, steel re‑rolling mills, had a low‑tension electricity supply contract for a 150 HP load. The Board installed a Maximum Demand Indicator (MDI) meter to record the highest 30‑minute demand and, based on its readings, raised additional charges for excess load at double the normal …

A.K. SOUMINIversusSTATE BANK OF TRAVANCORE AND ANR.

2003 INSC 392Dismissed

A.K. Soumini, a clerk appointed in 1972, cleared the written test for promotion to Junior Management Grade in 1980 but was not selected after the interview, which required a minimum of 61% marks. She challenged both her non‑selection and the promotion policy before the Kerala High Court; the single …

MISHRA DHATU NIGAM LTD. ETC. ETC.versusM. VENKATAIAH AND ORS. ETC. ETC.

2003 INSC 384Dismissed

A group of canteen workers employed through a contractor filed writ petitions seeking to be regularised as employees of Mishra Dhatunigam Ltd. and other respondents, invoking the statutory duty under the Factories Act to provide a canteen. The Andhra Pradesh High Court allowed the writs, directing …

G. VARANDANIversusKURUKSHETRA UNIVERSITY ANO ORS.

2003 INSC 385Disposed off

The petitioners, who had been appointed to higher posts at the Post‑Graduate Regional Centres (Sirsa/Hissar) of Kurukshetra University, claimed that they should be reinstated to their substantive posts at Kurukshetra University after those centres were transferred to the newly created Guru …

NATIONAL THERMAL POWER CORPORATION LTD.versusKARRI POTHURAJU AND ORS.

2003 INSC 386Dismissed

National Thermal Power Corporation Ltd. (NTPC), a public sector undertaking, was statutorily obligated under Section 46 of the Factories Act, 1948 to provide a canteen for its employees. The canteen was operated by contractors, employing about 54 workers. The workers filed a writ petition seeking …

UNION OF INDIAversusR. PADMANABHAN

2003 INSC 387Case Partly allowed

The Union of India issued a 1985 Reward Scheme for informers and government servants involved in seizures under the Customs, Central Excise & Salt, Gold Control and Foreign Exchange Regulation Acts, later amended in 1989 to cap rewards at Rs 1 lakh per seizure and Rs 10 lakh in a career. IPS officer …

JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITYversusSMT. T. SUMALATHA AND ORS.

2003 INSC 383Appeal(s) allowed

The respondents, five employees of a Nodal Centre set up in Jawaharlal Nehru Technological University under the centrally‑funded National Technical Manpower Information System, filed a writ petition seeking regularisation and regular pay scales. The Andhra Pradesh High Court, relying on GO No.212 …

M/S. KHAITAN ELECTRICAL LTD.versusCOLLECTOR OF CENTRAL EXCISE, NEW DELHI

2003 INSC 369Appeal(s) allowed

M/s Khaitan Electrical Ltd., a manufacturer of electric fans, sought classification of four fan models (Mini, Tini, Chiki, Miki) under Tariff Item 33(1)(a) to avail a 5% ad valorem excise duty exemption under Notification No.46/84. The Assistant Collector classified the fans as cabin/carriage fans …

COMMISSIONER OF CENTRAL EXCISE, CHENNAIversusM/S. T.V.S. SUZUKI LTD. HOSUR

2003 INSC 370Dismissed

M/S T.V.S. Suzuki Ltd. filed a refund claim after the final assessment of excise duty. The Assistant Commissioner rejected it on limitation grounds, but the Commissioner of Central Excise reversed the decision, and the CEGAT affirmed the reversal. The Revenue appealed, arguing that a proviso added …

STATE OF RAJASTHANversusBHAWANI AND ANR.

2003 INSC 355Appeal(s) allowed

The State of Rajasthan prosecuted Bhawani, Hari Singh and others for murder, grievous hurt and unlawful assembly after they allegedly fired firearms into a village Nohara, killing two persons and injuring several others. The trial court convicted the accused based on the testimony of eleven …

SMT. KESAR DEVIversusUNION OF INDIA AND ORS.

2003 INSC 356Dismissed

The appellant, Kesar Devi, wife of a smuggler detained under COFEPOSA, challenged the forfeiture of three properties under SAFEMA, arguing that the notice under Section 6(1) failed to show a nexus between the properties and the illicit proceeds of her husband and that she could also contest the …

UNION OF INDIAversusPRAKASH P. HINDUJA AND ANR.

2003 INSC 302Appeal(s) allowed

The case arose from the Bofors scandal where the CBI filed charge‑sheets against Prakash P. Hinduja and others for offences under the IPC and the Prevention of Corruption Act. The accused contended that the charge‑sheets were illegal because the CBI had not placed the investigation report before the …

INDIRA JAISINGversusREGISTRAR GENERAL, SUPREME COURT OF INDIA AND ANR.

2003 INSC 288Dismissed

Senior Advocate Indira Jaising filed a writ petition under Article 32 seeking the Supreme Court’s direction to publish a confidential report of an in‑house committee that had investigated alleged involvement of sitting Karnataka High Court judges in certain incidents, and to order an independent …

A.C. RAZIAversusGOVERNMENT OF KERALA AND ORS.

2003 INSC 282Matter referred to larger bench

The appellant's husband was detained under Sections 3(1)(i)-(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The appellant filed a representation in Malayalam to both the detaining authority and the Central Government, but no English translation of the …

THAMAN KUMARversusSTATE OF UNION TERRITORY OF CHANDIGARH

2003 INSC 279Dismissed

The case involved three accused who were alleged to have strangled a rickshaw puller, Bhanwar Singh, using a cloth rolled into a rope. Two constables on night patrol heard the victim’s cries, entered the guest house and saw the assault, catching two of the accused while the third escaped by scaling …

KARNATAKA WAKF BOARDversusSTATE OF KARNATAKA AND ANR.

2003 INSC 266Dismissed

The Karnataka Wakf Board challenged two suits filed in 1981 by the State's Education and Agriculture Departments seeking declaration of title over properties that had been notified as Wakf. The Board argued that the suits were barred by the one‑year limitation prescribed in Section 6 of the Wakf …

A.K. BINDAL AND ANR.versusUNION OF INDIA AND ORS.

2003 INSC 258Directions issued

The petitioners, officers of the sick public sector undertakings Fertilizer Corporation of India (FCI) and Hindustan Fertilizer Corporation (HFC), challenged two Government memoranda that denied pay‑scale revision for employees of units referred to BIFR and that provided no budgetary support for …

LALITA JALAN AND ANR.versusBOMBAY GAS CO. LTD. AND ORS.

2003 INSC 233Dismissed

Bombay Gas Co. leased a flat to its director N.K. Jalan, who later died. The company later purchased the flat, but Jalan’s son Ashok Kumar Jalan, his wife Lalita Jalan and grandson Siddharth Jalan continued to occupy it and refused to vacate. The company filed a criminal complaint under Section 630 …

BIPIN CHANDRA PARSHOTTAMDAS PATEL (VAKIL)versusSTATE OF GUJARAT AND ORS.

2003 INSC 229Dismissed

B.P. Patel, elected President of Anand Municipality, was arrested and placed in judicial custody for alleged offences under the IPC, Arms Act and Bombay Police Act. The Director of Municipalities suspended him under Section 40 of the Gujarat Municipalities Act, 1963, which provides for suspension if …

SALIM AKHTAR @ MOTAversusSTATE OF UTTAR PRADESH

2003 INSC 223Appeal(s) allowed

The appellant, Salim Akhtar (Mota), was convicted under the Terrorist and Disruptive Activities Prevention Act (TADA) for allegedly possessing a pistol, cartridges, a bomb and RDX that were recovered after he led police to a polythene bag in an open area. The pistol was not sealed at the time of …

MOHD. ASLAM @ BHUREversusUNION OF INDIA AND ORS.

2003 INSC 194Disposed off

The Supreme Court heard a public‑interest writ petition filed by Mohd. Aslam seeking that the 67.703 acres of land acquired under the Acquisition of Certain Area at Ayodhya Act, 1993 be preserved in its present condition until pending title suits before the Allahabad High Court are decided. The …

SETH CHAND RATANversusPANDIT DURGA PRASAD (D) BY LRS. AND ORS.

2003 INSC 191Appeal(s) allowed

The dispute concerned the status of Shri Madan Mohan Mandir and adjoining shops in Harda, Madhya Pradesh. Two applications were filed under the Madhya Pradesh Public Trusts Act, 1951: one by Pandit Kamta Prasad (case No. 73) seeking registration as a public trust, which he later withdrew, and …

SAHEBGOUDA (DEAD) BY LRS. AND ORS.versusOGEPPA AND ORS.

2003 INSC 192Appeal(s) allowed

The appellants, who claim to be hereditary pujaris of the Amogsidda temple, filed a suit in the civil court seeking a declaration of their pujariki rights and an injunction against interference by the respondents. The respondents argued that the suit was barred by Section 80 of the Bombay Public …

KACHA KANTI SEVA SAMITY AND ANR.versusSHRI KACHA KANTI DEVI AND OS.

2003 INSC 193Case Partly allowed

The Supreme Court examined a dispute over the status of a temple in Udarband, Cachar, where the respondents claimed hereditary shebaitship of the deity based on ancient royal appointments, while the appellants argued that the temple was a public endowment with no formal shebait appointment. The …

KARAMJIT SINGHversusSTATE (DELHI ADMINISTRATION)

2003 INSC 184Dismissed

Karamjit Singh, a Delhi police constable, was residing in a police quarter allotted to his father‑in‑law when police, acting on secret information, raided the premises and recovered explosives and related materials from a locked box that Singh opened. He was convicted under Sections 3 and 5 of the …

FEDERATION OF RAILWAY OFFICERS ASSOCIATION AND ORS.versusUNION OF INDIA

2003 INSC 178Dismissed

The Federation of Railway Officers Association challenged the Government's decision to create seven new railway zones, alleging that the move violated Section 3 of the Railways Act, 1989 because it was not based on administrative efficiency and was driven by political and backward‑area …

J.M.D. ALLOYS LTD.versusBIHAR STATE ELECTRICITY BOARD AND ORS.

2003 INSC 151Dismissed

J.M.D. Alloys Ltd., an industrial electricity consumer, was alleged to have tampered with the seal of its CT/PT terminal box and to have drawn electricity beyond its contracted load, leading the Bihar State Electricity Board to issue a compensatory bill under Clause 16.9 of its tariff. The …

DY. CHIEF CONTROLLER OF IMPORTS AND EXPORTSversusROSHANLAL AGARWAL AND ORS.

2003 INSC 146Disposed off

The Deputy Chief Controller of Imports and Exports filed complaints against Roshanlal Agarwal and others under several IPC sections and Section 5 of the Imports and Exports (Control) Act, 1947. The complaints were tried before a Special Court (Economic Offences) constituted by a Karnataka …

STATE OF KARNATAKAversusM.V. MAHESH

2003 INSC 139Dismissed

The State of Karnataka appealed against the High Court's order setting aside the conviction of M.V. Mahesh and his father for the murder of Mahesh's wife, Beena. The trial court had relied on the recovery of Beena's bones, DNA identification, and the fact that she was last seen with the accused, …

G. CHRISTHUDAS AND ANR.versusANBIAH (DEAD) AND ORS.

2003 INSC 110Appeal(s) allowed

A suit filed in 1960 for declaration of church properties was dismissed, and plaintiffs 1, 3 and 5 appealed while plaintiff 4 did not join. During the pendency of the appeal all appellants died. The legal heirs of appellant 4 applied to be impleaded as representatives and to set aside the abatement, …

MAAN SINGHversusUNION OF INDIA AND ORS.

2003 INSC 98Disposed off

Maan Singh, a constable of the Delhi Police, was dismissed for habitual unauthorized absence from duty. He challenged the dismissal on the ground that the period of absence had been later treated as leave without pay and that the dismissal order was not passed by a competent authority. The Supreme …

SHRI KRISHNA GYANODAY SUGAR LTD. AND ANR.versusSTATE OF BIHAR

2003 INSC 100Disposed off

The Supreme Court examined the Bihar Sugar Undertakings (Acquisition) Act, 1985, which sought to acquire certain sugar mills and associated distilleries. Petitioners challenged the Act on the ground that it was beyond the State's legislative competence, overlapped with the central Sugar Undertaking …

SUBHASHIS BAKSHI AND ANR.versusWEST BENGAL MEDICAL COUNCIL AND ORS.

2003 INSC 86Appeal(s) allowed

The appellants, diploma holders in Community Medical Service, were authorized by a 1980 notification to treat common diseases in rural West Bengal. The State later barred them from issuing prescriptions and medical certificates, requiring counter‑signatures. The diploma holders challenged this …

STATE OF MADHYA PRADESH AND ANR.versusBHOLA @ BHAIRON PRASAD RAGHUVANSHI

2003 INSC 66Appeal(s) allowed

The petitioner, State of Madhya Pradesh, appealed against a High Court order that directed it to consider a prisoner's application for release on probation. The prisoner, convicted under IPC section 396, had applied under the Madhya Pradesh Prisoners' Release on Probation Act, 1954, but his request …

AMAR SINGHversusBALWINDER SINGH AND ORS.

2003 INSC 52Appeal(s) allowed

The case arose from a shooting incident in which the complainant Amar Singh and his family were injured and his son Lakha Singh died. The trial court convicted Balwinder Singh and three others under Sections 302, 34 and 307 IPC based largely on the testimony of three injured eye‑witnesses and …

AJAY MITRAversusSTATE OF M.P. AND ORS.

2003 INSC 40Appeal(s) allowed

The complainant, Sanjiva Bottling Company, entered into five‑year bottling agreements with Cadbury Schweppes Beverages India, which were later assigned to Atlantic Industries, a Coca‑Cola subsidiary. After Atlantic gave notice that the agreements would not be renewed, the complainant filed a …

STATE OF KARNATAKAversusSHARIFF

2003 INSC 38Appeal(s) allowed

The State of Karnataka appealed the acquittal of Shariff, who was convicted by a Sessions Court for murdering his wife by setting her on fire. The High Court had set aside the conviction, discarding the victim's dying declarations and the testimony of an 8‑year‑old child witness. The Supreme Court …

SUPREET BATRA AND ORS.versusUNION OF INOIA AND ORS.

2003 INSC 36Dismissed

The Supreme Court examined petitions filed by Supreet Batra and others seeking a third round of counselling for MBBS/BDS admissions under the 15% All‑India quota, arguing that several states had not completed the prescribed counselling within the dates fixed by the Court‑framed scheme, leading to …

K.C.G. VERGHESEversusK.T. RAJENDRAN AND ANR.

2003 INSC 31Dismissed

The Supreme Court considered a contempt petition filed by a landlord after the tenant, K.T. Rajendran, had been ordered by the Rent Controller to vacate a tenanted premises. Rajendran filed an undertaking to hand over the premises by 31 July 2000, but later informed the landlord that he had vacated …

BHAGWAN SINGH AND ORS.versusSTATE OF M.P.

2003 INSC 28Appeal(s) allowed

The Supreme Court examined the conviction of Bhagwan Singh and two co‑accused for murder and related offences under the IPC and the Madhya Pradesh Dacoity Vihavaran Kshetra Act. The conviction was based primarily on the testimony of a six‑year‑old child eye‑witness and a judicial confession recorded …

SHRI JUSTICE S.K. RAYversusSTATE OF ORISSA AND ORS.

2003 INSC 22Appeal(s) allowed

Justice S.K. Ray, a former Chief Justice of the Orissa High Court, was appointed Lokpal under the Orissa Lokpal and Lokayukta Act, 1970 for a five‑year term. The Act was repealed by the Orissa Lokpal and Lokayukta (Repeal) Ordinance, 1992 (later replaced by the 1995 Act), causing him to cease office …

DARPAN KUMAR SHARMA @ DHARBAN KUMAR SHARMAversusSTATE OF TAMIL NADU AND ORS.

[2003] 1 S.C.R. 442Case Allowed

The petitioner, an under‑trial prisoner for theft and robbery, was detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 on the ground that he had pelted stones at the public while committing a robbery, allegedly creating alarm and threatening public order. He …

ZAFARversusSTATE OF U.P.

2003 INSC 15Appeal(s) allowed

The appellant was convicted of murder under Section 302 IPC based primarily on the testimony of a child witness who was seven years old at the time of the incident. Both the trial court and the Allahabad High Court held the child’s evidence to be clear and trustworthy and affirmed the conviction. On …

REFERENCE BY THE PRESIDENT UNDER ARTICLE 317(1) OF CONSTITUTION OF INDIA IN RESPECT OF SHRI RAVINDER PAL SINGH SIDHU, CHAIRMAN, PB. PUBLIC SERVICE COMversus.

2003 INSC 8Disposed off

The President referred a matter to the Supreme Court under Article 317(1) seeking the suspension and removal of Shri Ravinder Pal Singh Sidhu, former Chairman of the Punjab Public Service Commission, on grounds of grave misconduct. The Chairman's six‑year term ended on 8 September 2002 and he had …

STATE OF KARNATAKAversusPANCHAKSHARI GURUPADAYYA HIRAMATH

2002 INSC 578Appeal(s) allowed

The State of Karnataka charged Panchakshari Gurupada Yya Hiramath under Section 302 IPC for the murder of DSP Shankaraiah Hiremath, alleging a fatal attack with a sickle following a land dispute. The prosecution’s case rested primarily on the eye‑witness testimony of PW3, who saw the accused assault …

ASHEESH PRATAP SINGH AND ORS.versusM. SACHDEVAND ORS.

2002 INSC 563Directions issued

Thirty-two students who had qualified the CPMT in 1998 were admitted to Azamgarh Medical College, completed the first professional MBBS examination, and then discovered that the college was closed due to infrastructure deficiencies. The Supreme Court had earlier directed the Medical Council of India …

ASHOK KUMARversusSTATE OF HARYANA

2002 INSC 549Appeal(s) allowed

The appellant Ashok Kumar was convicted under Section 376(2)(g) IPC for rape, based on the allegation that he facilitated the rape committed by the deceased Anil Kumar. The prosecution's case relied on the testimony of the victim's brother, who claimed the victim had told him that both men had raped …

MR. "X"versusHOSPITAL "Z"

2002 INSC 526Disposed off

The appellant, a medical practitioner, was found HIV‑positive when his blood was tested at Hospital Z during a donation for a relative. The hospital disclosed his HIV status to the relatives of his fiancée, leading to the cancellation of his marriage and social ostracism. The appellant sought …

OM PRAKASH @ RAJAversusSTATE OF UTTARANCHAL

2002 INSC 520Dismissed

The appellant, a domestic servant employed by retired Brigadier Shyam Lal Khanna, was convicted of murdering three members of the Khanna family and attempting to murder the wife. The prosecution proved the offences through the testimony of the surviving wife (PW‑1), corroborated by a sweeper and …

SATISH SHARMA AND ANR.versusSTATE OF GUJARAT

2002 INSC 521Appeal(s) allowed

The accused were charged with offences under IPC sections 114 and 302 and the Arms Act. Their applications for anticipatory bail were rejected by the Sessions Court and the Gujarat High Court. While the bail matter was pending, two police officers (the appellants) filed a report under Section 169 of …

N. NATARAJANversusB.K. SUBBA RAO

2002 INSC 507Appeal(s) allowed

The respondent filed an application under Section 340 of the Criminal Procedure Code before a Designated Court, alleging that the appellant, the Chief Public Prosecutor, had made contradictory submissions in the Bombay blast case, potentially amounting to fabrication of evidence. The Designated …

JOSEPHversusSTATE OF KERALA

2002 INSC 508Appeal(s) allowed

The appellant was convicted by the Kerala High Court for murder, hurt and criminal conspiracy based primarily on the testimony of a single injured eye‑witness, PW I, despite inconsistencies with medical evidence and other witnesses. The trial court had acquitted the appellant, finding the sole …

N. ADITHAYANversusTHE TRAVANCORE DEVASWOM BOARD AND ORS.

2002 INSC 425Dismissed

The appellant, a Malayala Brahmin, challenged the appointment of a non‑Brahmin as Santikaran (priest) of a Shiva temple administered by the Travancore Devaswom Board, claiming that the temple’s custom required a Brahmin priest and that the appointment violated his constitutional rights under …

INDIAN RLY. CLASS II OFFICERS FEDN. AND ANR.versusANIL KUMAR SANG HI AND ORS.

2002 INSC 403Dismissed

The Ministry of Railways created 76 additional Group A junior posts to absorb stagnating Group B (Class II) officers and appointed 127 such officers, invoking Rule 4(b) of the recruitment rules which allows the promotion quota to be varied. Group A officers challenged the appointments, arguing that …

DILA AND ANR.versusSTATE OF UP

2002 INSC 401Dismissed

The case arose from a land dispute in which Dila (appellant No.1) and his son Telu (appellant No.2) allegedly attacked Om Pal, who had purchased the contested land, and Telu shot Om Pal, causing his death. The trial court acquitted all accused, but the Allahabad High Court reversed the acquittal of …

AVTAR SINGH AND ORSversusSTATE OF PUNJAB

2002 INSC 396Appeal(s) allowed

The appellants were apprehended in a truck carrying 640 kg of poppy husk at an odd hour; two were sitting on the bags and one was driving. They were convicted under Section 15 of the NDPS Act on the basis of presumptions of possession under Sections 54 and 35 of the Act, without any direct evidence …

SHIVA SHANKAR PANDEY & ORS.versusSTATE OF BIHAR

2002 INSC 370Disposed off

The case concerned the murder of Mangalanand Pandey in Bihar, for which eight persons were charged. Dinesh Pandey, who fired the fatal shots, was convicted under Sections 302, 341 IPC and the Arms Act. The remaining accused were convicted under Section 302 read with Sections 149 and 341 IPC. On …

M/S. POLYFLEX (INDIA) PVT. LTD.versusCOMMISSIONER OF INCOME TAX, KARNATAKA

2002 INSC 367Dismissed

M/s. Polyflex (India) Pvt. Ltd. paid excise duty in 1986, later obtained a refund in 1988 after the levy was held unconstitutional. The refund amount was brought to tax for AY 1989-90 under Section 41(1) of the Income Tax Act, 1961. The assessee argued that the provision did not apply because the …

STATE OF KARNATAKAversusM.N. RAMDAS

2002 INSC 366Appeal(s) allowed

The State of Karnataka prosecuted M.N. Ramdas for the murder of his companion Ananthu in a lodge in Mysore on 28 June 1988. The accused made an extra‑judicial confession to a lodge counter clerk (PW2), who promptly informed the lodge proprietor’s father (PW3) and the police; the police subsequently …

M/S. GENERAL FINANCE CO. AND ANR.versusASSISTANT COMMISSIONER OF INCOME TAX, PUNJAB

2002 INSC 365Appeal(s) allowed

The appellants, General Finance Co. and another, received deposits in 1985 and were prosecuted in March 1989 under Section 276DD of the Income Tax Act for violating Section 269SS. Section 276DD was omitted from the Act by the Direct Tax Law (Amendment) Act, 1987, effective 1 April 1989. The High …

BHIMA @ BHIMARAO SIDA KAMBLE AND ORS.versusSTATE OF MAHARASHTRA

2002 INSC 353Appeal(s) allowed

Twenty-two persons were charged with forming an unlawful assembly with the alleged common object of murdering Vithal, injuring his brother Bhimrao, and damaging property. The trial court convicted most of them under Section 302 read with Section 149 and Section 440 read with Section 149 of the IPC, …

SATISH RAWATversusUNION OF INDIA

2002 INSC 350Appeal(s) allowed

The Customs Department appointed an inspector under the sports quota despite the appellant failing the field test, while a qualified respondent was not selected. The appellant challenged the appointment before the Central Administrative Tribunal, which quashed his appointment and directed a …

T.K. REDDYversusSTATE OF A.P. AND ORS.

2002 INSC 346Appeal(s) allowed

The appellant, T.K. Reddy, was convicted of murdering his wife Ramulamma by allegedly setting her on fire, based primarily on a dying declaration recorded by a magistrate (Exhibit P‑2) that accused him of the act. A second dying declaration recorded by police (Exhibit P‑5) claimed the wife had set …

M/S HIRA LALL AND SONS AND ORS.versusM/S. LAKSHMI COMMERCIAL BANK

2002 INSC 327Dismissed

The petitioners, importers, had obtained a Letter of Credit from the respondent bank for a consignment that later sank at sea. The bank, after rejecting the petitioners' documents as discrepant, sued them for recovery of the amount, and the suit was transferred to a Debt Recovery Tribunal under the …

KANHAIYA LAL AGRAWALversusUNION OF INDIA

2002 INSC 311Appeal(s) allowed

The Railway invited tenders for supplying and stacking ballast. The appellant submitted a tender that included a letter offering a rebate of 5%, 3% or 2% if the contract was finalized within 45, 60 or 75 days respectively. Respondent No.5 submitted a later tender with a lower rate but without such a …

DURGADAS PURKYASTHAversusUNION OF INDIA AND ORS.

2002 INSC 307Dismissed

The petitioner, a former District and Sessions Judge appointed as a Judicial Member of the Central Administrative Tribunal, challenged the validity of Section 8 of the Administrative Tribunals Act, 1985, arguing that a five‑year term with re‑appointment limited the superannuation age to 62 years and …

STATE OF HARYANA AND ANR.versusHARYANA CIVIL SECRETARIAT PERSONAL STAFF ASSOCIATION

2002 INSC 298Appeal(s) allowed

The Haryana Civil Secretariat Personal Staff Association filed a writ seeking parity of pay for Personal Assistants (PAs) in the State Civil Secretariat with those in the Central Secretariat, invoking the principle of equal pay for equal work after the Fourth Central Pay Commission. The Punjab & …

M/S. SPEEDWAY RUBBER CO.versusCOMMISSIONER, CENTRAL EXCISE, CHANDIGARH

2002 INSC 264Appeal(s) allowed

Speedway Rubber Co. manufactured plates, sheets and strips of vulcanised rubber which were dyed and pressed in a hydraulic press. The Central Excise Department classified the goods under sub‑heading 4016.99, arguing that the hydraulic pressing constituted "further working" under Note 9 of Chapter 40 …

LUIS CAETANO VIEGASversusESTRELINA MARIANA R.M.A. DA COSTA AND ORS.

2002 INSC 266Appeal(s) allowed

The appellant sought to establish his right to inherit from his grandmother by proving that his mother, Maria Fonseca, had been legitimated through baptism. He relied on a birth certificate issued by the Directorate of Archives, which was based on a baptismal record that noted the names of the …

THE CORPORATION OF CALICUTversusK. SREENIVASAN

2002 INSC 259Appeal(s) allowed

The Kerala Corporation of Calicut owned a building that it let to K. Sreenivasan as a licensee for a lodging house and restaurant. When Sreenivasan defaulted on the licence fee, the licence was terminated on 13 January 1989, but he continued to occupy the premises. The Estate Officer, under the …

STATE OF WEST BENGAL AND ORS.versusJIBAN KRJSHNA DAS AND ORS.

2002 INSC 238Appeal(s) allowed

The State of West Bengal issued a 1969 notification that volunteers of the West Bengal National Volunteer Force would be deployed for a maximum of three months at a stretch, after which a fresh batch would be called up, creating a rotational system. A group of volunteers challenged the circular, …

UNION OF INDIA AND ORS.versusINDU LAL AND ORS.

2002 INSC 243Appeal(s) allowed

Law Assistants and Chief Law Assistants claimed they were designated as Presenting Officers under Section 19(2) of the Railway Claims Tribunal Act, 1987 and sought parity in pay with Junior Administrative Grade Presenting Officers (Group B). The Central Administrative Tribunal held that they were …

TATA IRON AND STEEL CO. LTD. AND ORS.versusSTATE OF WEST BENGAL

2002 INSC 244Dismissed

The Supreme Court examined appeals by Tata Iron and Steel Co. Ltd. and others challenging the West Bengal Multi-Storeyed Buildings Tax Act, 1979 on the ground that it violated Article 14 by discriminating between owners of multi‑storeyed buildings based on the portion of the building taxed. The …

UNION OF INDIAversusSHREE GAJANAN MAHARAJ SANSTHAN

2002 INSC 245Case Partly allowed

Shree Gajanan Maharaj Sansthan, a charitable trust, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to fix a date for bringing Section 2(c) of the Industrial Disputes (Amendment) Act, 1982 into force, which would exclude charitable organisations from the …

KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusAJAY KUMAR DAS AND ORS.

2002 INSC 246Appeal(s) allowed

The Kendriya Vidyalaya Sangathan advertised for twelve Lower Division Clerk posts and the Assistant Commissioner, Dr. K.C. Rakesh, issued appointment orders on 13-15 December 1997 even though his services had been terminated on 11 December 1997, albeit he was temporarily allowed to continue under an …

STATE OF KARNATAKA AND ORS.versusG. HALAPPA AND ORS.

2002 INSC 235Appeal(s) allowed

The State of Karnataka appointed certain teachers on a one‑year contract under the 1983 Special Recruitment Rules, paying them a salary lower than the minimum pay‑scale and expressly stating that their service would not count for future government service. After regular recruitment, these contract …

B. RAMANJINI AND ORS.versusSTATE OF ANDHRA PRADESH AND ANR.

2002 INSC 236Appeal(s) allowed

The Supreme Court examined the cancellation of District Selection Committee written examinations in Anantapur district after a police report detailed massive irregularities, and the subsequent fresh examinations and results. It held that the State Government was justified in cancelling the exams and …

K.L.E. SOCIETYversusDR. R.R. PATIL AND ANR.

2002 INSC 231Dismissed

Dr. R.R. Patil, the principal of a college run by K.L.E. Society, applied twice for voluntary retirement, first on 2 December 1994 without specifying a retirement date and again on 5 July 1995. The Society’s Board of Management accepted his second application on 20 July 1995, without the three‑month …

VINODAN T. AND ORS.versusUNIVERSITY OF CALICUT AND ORS.

2002 INSC 237Dismissed

The appellants were selected for Assistant Grade‑II posts at the University of Calicut and placed on a rank list prepared in October 1995. The University later curtailed the list’s validity to two years and cancelled it, citing a statutory ban on appointments under the Pre‑Degree Course (Abolition) …

STATE BANK OF INDIA AND ANR.versusM.R. GANESH BABU AND ORS.

2002 INSC 204Appeal(s) allowed

The Supreme Court examined the claim of four specialist officers of the State Bank of India (SBI) that they were entitled to the higher starting salary (advance increments) granted to Probationary Officers, Trainee Officers and Rural Development Officers (RDOs) under the 1979 SBI Officers Order. The …

THE CHIEF COMMISSIONER OF INCOME TAX, COCHINversusMIS. KESARIA TEA CO. LTD.

2002 INSC 150Dismissed

The case concerned Kesaria Tea Co. Ltd., which had earlier claimed a deduction for a provision made towards purchase tax liability for the years 1978‑81. In the assessment year 1985‑86 the company wrote back the provision, believing that the liability had ceased following the rejection of a special …

ASHEESH PRATAP SINGH AND ORS.versusUNION OF INDIA & ORS.

2002 INSC 133Disposed off

The petitioners were students admitted to a private medical college in Uttar Pradesh that was later found to lack the laboratory facilities and faculty required under the 1993 Medical College Regulations. The Supreme Court, recalling its earlier order dated 4 May 2001 directing an inspection by the …

P.S.E.B. AND ANR.versusWAZIR SINGH

2002 INSC 132Appeal(s) allowed

The Punjab State Electricity Board (PSEB) issued a circular on 19 September 1991 stating that daily wage workers who had completed 500 working days up to a specified cut‑off date and were continuing in service of the Board would be eligible for conversion to work‑charged employees. Wazir Singh, a …

JAWAHAR LAL SAZAWAL AND ORS.versusSTATE OF J AND K AND ORS.

2002 INSC 105Appeal(s) allowed

The appellants were appointed as permanent civil servants of the Jammu & Kashmir State before 1963 and were posted in industrial units. After the incorporation of Jammu & Kashmir Industries Ltd., the Governor issued an instruction entrusting those units to the company, but the appellants continued …

K. SHEKARversusV. INDIRAMMA AND ORS.

2002 INSC 107Appeal(s) allowed

The case concerned the appointment of K. Shekar as Lecturer and later Assistant Professor at NIMHANS after an initial temporary appointment in the ICMR Centre. The selection committee appointed him to a lower post that had not been advertised, and a subsequent corrigendum converted the temporary …

SMT. SUSHILA RANIversusCOMMISSIONER OF INCOME TAX AND ANR.

2002 INSC 61Appeal(s) allowed

The appellant, widow of the original assessee, filed KVSS declarations for three assessment years and obtained a certificate under Section 90(1) of the Kar Vivad Samadhan Scheme determining tax arrears, followed by a Section 90(2) certificate granting immunity. After depositing the assessed amount, …

G.N. NAYAKversusGOA UNIVERSITY AND ORS.

2002 INSC 52Appeal(s) allowed

The case concerned the appointment of G.N. Nayak as Professor of Marine Science at Goa University. Two advertisements (1994 and 1995) prescribed minimum qualifications, including ten years of teaching or research experience, and the 1995 notice altered the additional qualifications. The respondent …