M/S. KIRLOSKAR CONSULTANTS LTD.versusEMPLOYEES STATE INSURANCE CORPORATION
2000 INSC 52314 November 2000Dismissed
Kirloskar Consultants Ltd, a consultancy firm registered as a commercial establishment under the Bombay Shops and Establishments Act, was informed by the Employees' State Insurance Corporation (ESIC) that it was covered by the Employees' State Insurance Act, 1948 as a 'shop'. The firm began paying contributions but lat…
DENTAL COUNCIL OF INDIA AND ANR. ETC.versusDR. H.R. PREM SACHDEVA AND ORS. ETC.
1999 INSC 47814 October 1999Disposed off
The Supreme Court examined the provisions of the Dentist Act, 1948 and the Dental Council (Election) Regulations, 1952 to determine the permissible duration of a Dental Council member's term when elections are not held within the prescribed five‑year period. Section 6(1) states that a member holds office for five years…
PARSION DEVI AND ORS.versusSUMITRI DEVI AND ORS.
1997 INSC 69114 October 1997Appeal(s) allowed
The Supreme Court examined a review order that had set aside a High Court revision upholding an execution application concerning an injunction decree. The review petition, filed by the judgment debtors, sought to overturn the revision on the ground of limitation but did not point out any error apparent on the face of t…
A.K. SOUMINIversusSTATE BANK OF TRAVANCORE AND ANR.
2003 INSC 39214 August 2003Dismissed
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 judge and division b…
MCDversusVEENA AND ORS.
2001 INSC 36314 August 2001Appeal(s) allowed
The Municipal Corporation of Delhi (MCD) advertised vacancies for primary and nursery teachers and required OBC candidates to submit certificates issued by competent authorities. Several applicants submitted OBC certificates issued by authorities in their home states outside Delhi, which MCD rejected, citing a Delhi go…
INDER JIT GUPTA AND ORS.versusUNION OF INDIA AND ORS
2001 INSC 36414 August 2001Dismissed
The appellants, appointed as Assistant Zoologists under the 1963 Recruitment Rules, challenged the 1987 amendment that raised the qualifications for the Scientist‑SD post to a first‑class M.Sc. in Zoology with five years' experience or a doctorate. An advertisement dated 4 February 1988 invited applications for the pos…
PRE P.G. MEDICAL SANGARSH COMMITTEE AND ANR.versusDR. BAJRANG SONI AND ORS.
2001 INSC 36514 August 2001Dismissed
The State Government of Rajasthan fixed a minimum qualifying mark of 33% for in‑service doctors and increased the reservation of seats for them in postgraduate medical courses from 25% to 50% of the remaining seats. Private candidates challenged these measures as violative of Articles 14 and 16 of the Constitution, arg…
M.S. V. RAJA AND ANR.versusSEENI THEVAR AND ORS.
2001 INSC 36614 August 2001Directions issued
The Rajus, a religious denomination, had administered the Arulighu Mariamman temple for over a century and claimed it was a private, denominational temple. Pandarams, who performed poojas, earlier lost claims of hereditary trusteeship, and later the public (Seeni Thevar and others) sought a declaration that the temple …
BIPIN CHANDRA PARSHOTTAMDAS PATEL (VAKIL)versusSTATE OF GUJARAT AND ORS.
2003 INSC 22914 April 2003Dismissed
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 a municipal officer…
HASAN KHAN IBNE HAIDER KHANversusR.H. MENDNOCA AND ORS.
2000 INSC 13914 March 2000Dismissed
The appellant, Hasan Khan, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slum‑lords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 on the ground that he was a notorious goonda who extorted money, threatened and assaulted residents, thereby disturbing the even tem…
COMMISSIONER OF SALES TAX, U.P.versusM/S. LAL KUNWA STONE CRUSHER (P) LTD. ETC
2000 INSC 14014 March 2000Dismissed
The respondent, a stone crusher, bought stone boulders and crushed them into stone chips, gitti and dust for resale, contending that sales tax had already been paid on the boulders and therefore the processed material should not attract tax again. The assessing authority disagreed, but the Assistant Commissioner and th…
DILIPversusMOHD. AZIZUL HAQ AND ANR.
2000 INSC 14114 March 2000Appeal(s) allowed
The landlord filed a suit for possession of a plot, claiming it was open land not covered by the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, and that the tenancy had expired. The tenant appealed, arguing that the plot formed part of a house and that the amendment introducing clause 13‑A …
SUBHASHIS BAKSHI AND ANR.versusWEST BENGAL MEDICAL COUNCIL AND ORS.
2003 INSC 8614 February 2003Appeal(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 restriction, arguing that…
DWARKA PRASAD TIWARIversusM.P. STATE ROAD TRANSPORT CORPORATION AND ANR.
2001 INSC 44213 September 2001Dismissed
The appellants, workmen of the Madhya Pradesh State Road Transport Corporation, were performing duties of higher posts (e.g., Booking Agent acting as Sub‑Depot In‑charge) and sought classification under clause 2(i) and (vi) of the Annexure to the Madhya Pradesh Industrial Employment (Standing Order) Rules, 1963, togeth…
KANHAIYALAL AGRAWAL AND ORS.versusTHE FACTORY MANAGER, GWALIOR SUGAR CO. LTD.
2001 INSC 44313 September 2001Dismissed
The workmen of Gwalior Sugar Co. Ltd., including Kanhaiyalal Agrawal, were dismissed for allegedly colluding to falsify weigh‑ment slips, leading the Labour Court to refuse reinstatement on the ground of loss of confidence and award half salary with full retirement benefits. The Industrial Court held that the employees…
UNION OF INDIA AND ORS.versusARVIND SHERGILL AND ANR.
2000 INSC 44213 September 2000Appeal(s) allowed
Harinder Pal Singh Shergill was arrested in August 1998 for allegedly possessing US$66,217 at Mumbai airport. He was granted bail, and a later application to cancel the bail was dismissed. On 17 November 1998, the government issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange …
MISHRA DHATU NIGAM LTD. ETC. ETC.versusM. VENKATAIAH AND ORS. ETC. ETC.
2003 INSC 38413 August 2003Dismissed
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 the employers to trea…
G. VARANDANIversusKURUKSHETRA UNIVERSITY ANO ORS.
2003 INSC 38513 August 2003Disposed 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 Jambheshwar University. The t…
NATIONAL THERMAL POWER CORPORATION LTD.versusKARRI POTHURAJU AND ORS.
2003 INSC 38613 August 2003Dismissed
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 regularisation as NTPC…
UNION OF INDIAversusR. PADMANABHAN
2003 INSC 38713 August 2003Case 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 R. Padmanabhan, who…
TAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARDversusM.S. KRISHNASWAMY AND ORS.
2001 INSC 35813 August 2001Dismissed
The Tamil Nadu Khadi and Village Industries Board absorbed Extension Officers (Khadi) from abolished government departments and the officers sought to have their prior service counted for seniority as Upper Division Clerks in the Board. The Madras High Court allowed this, directing the Board to reckon the earlier servi…
VICCO LABORATORIES AND ANR.versusART COMMERCIAL ADVERTISING PVT. LTD. AND ORS.
2001 INSC 35913 August 2001Dismissed
Vicco Laboratories, a manufacturer of ayurvedic products, hired Art Commercial Advertising and its partners to produce a television serial titled "Yeh Jo Hai Zindagi" for Doordarshan, paying them a fixed sum as sponsorship. Vicco claimed it was the producer and owner of the copyright and the exclusive right to use the …
SAVANI ROADLINESversusSUNDARAM TEXTILES LTD. AND ANR.
2001 INSC 29613 July 2001Appeal(s) allowed
Sundaram Textiles Ltd. (respondent No. 1) entrusted 125 cartons of goods to Sa Vani Roadlines (appellant) for transport, but the goods were not delivered. The consignor insured the goods with New India Assurance Company Ltd. (respondent No. 2), which paid the loss and obtained a Letter of Subrogation and a Special Powe…
HARYANA TELECOM LTD.versusSTERLITE INDUSTIRES (INDIA) LTD.
1999 INSC 27213 July 1999Dismissed
Haryana Telecom Ltd filed a winding‑up petition against Sterlite Industries before the Punjab & Haryana High Court. The petitioner then moved an application under Section 8 of the Arbitration and Conciliation Act, 1996, seeking to have the dispute referred to arbitration on the basis of an existing arbitration agreemen…
UNION OF PUBLIC SERVICE COMMISSIONversusGAURAV DWIVEDI AND ORS .
1999 INSC 25313 May 1999Appeal(s) allowed
The UPSC issued a notification for the 1988 Central Services Examination stating an approximate 740 vacancies, subject to alteration. After the written examinations, the final number of vacancies was reduced to 470, and consequently 940 candidates (twice the vacancies) were called for interview. The respondents, placed…
LAXMAPPA BHIMAPPA HULSGERI BY LRS. AND ORS.versusHANUMAPPA SHETTEPPA KORWAR AND ORS.
2004 INSC 26113 April 2004Appeal(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, making the appellant …
FEDERATION OF RAILWAY OFFICERS ASSOCIATION AND ORS.versusUNION OF INDIA
2003 INSC 17813 March 2003Dismissed
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 considerations. The petitioners a…
TATA CONSULTANCY SERVICESversusSTATE OF ANDHRA PRADESH
2001 INSC 13913 March 2001Disposed off
Tata Consultancy Services appealed against the Andhra Pradesh High Court's decision that standardized computer software is a "good" liable to sales tax under the Andhra Pradesh General Sales Tax Act, 1957. The High Court distinguished between customized software (potentially not a good) and standardized software (a goo…
INDIAN BANKS ASSOCIATIONversusWORKMEN OF SYNDICATE BANK AND ORS.
2001 INSC 8513 February 2001Dismissed
The Indian Banks Association and several nationalised banks challenged an Industrial Tribunal award that classified deposit collectors and commission agents as workmen under the Industrial Disputes Act, 1947, and ordered back wages, gratuity and other benefits. The banks argued that the collectors were engaged on a pur…
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 813 January 2003Disposed 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 tendered a resignation…
IN RE: NEWS ITEM PUBLISHED IN HINDUSTAN TIMES TITLED "AND QUIT FLOW MAILY YAMUNAversus-
2003 INSC 70712 December 2003Disposed off
The Supreme Court was hearing applications (I.A. Nos. 24, 25, 28, 29) seeking to stay or modify its earlier order of 11‑12‑2001 which had stayed the operation of the Ministry of Urban Development’s notification dated 7 June 2000 that required augmentation of municipal services before sanctioning additional building flo…
MOHAMMED HAROON ANSARI AND ANR.versusTHE DISTRICT COLLECTOR, RANGA REDDY DISTRICT, A.P.
2003 INSC 70912 December 2003Disposed off
A public interest litigation was filed seeking a direction to stop illegal blasting and crushing of granite stones in Rangareddy district, alleging dust pollution and health hazards. The Andhra Pradesh High Court, after an expert committee report, directed that no quarry lease be granted within 2 km of residential area…
PANNA LAL GHOSH AND ORS.versusLAND ACQUISITION COLLECTOR AND ORS.
2003 INSC 71112 December 2003Case 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 enhancement based on a nearby …
RAJASTHAN HIGH COURT, JODHPUR THROUGH REGISTRARversusBABU LAL ARORA
2003 INSC 71212 December 2003Appeal(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 the ground that he ha…
GROUP GENERAL MANAGER (PROJECTS)versusA.M. SAIYED
2003 INSC 71312 December 2003Appeal(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 years 1982‑83 and 198…
BASIC SHIKSHA PARISHAD AND ANR.versusSMT. SUGNA DEVI AND ORS.
2003 INSC 71412 December 2003Dismissed
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 the U.P. Basic Educ…
BANK OF BARODAversusSADRUDDIN HASAN DAYA AND ANR.
2003 INSC 71512 December 2003Case 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 separate settlement with …
PIPAL SINGH ETCversusSTATE OF PUNJAB
2000 INSC 58912 December 2000Dismissed
Pipal Singh and Mukhtiar Singh were convicted of murder under Section 302 IPC read with Section 34, along with several others, for causing two fatal injuries to the deceased. Some co‑accused were acquitted. On appeal, the appellants argued that the acquittal of other accused barred their conviction under Section 302 wi…
INDIAN AIRLINES LTD. AND ORS.versusS. GOPALAKRISHNAN
2000 INSC 59012 December 2000Appeal(s) allowed
The respondent applied for the post of Junior Operator in Indian Airlines Ltd. in 1997, which required either a diploma in Mechanical/Electrical/Automobile Engineering with two years of post‑qualification experience and a heavy‑vehicle licence, or an ITI certificate with five years of post‑qualification experience and …
J.K. SYNTHETICSversusRAJASTHAN TRADE UNION KENDRA AND ORS.
2000 INSC 59112 December 2000Disposed off
JK Synthtics Ltd. laid off its workers in 1983 due to a total power cut and subsequently terminated 1,164 workers and retrenched 1,201 workers, prompting the Rajasthan Trade Union Kendra to challenge the terminations before the High Court and an Industrial Tribunal. The Tribunal, after a secret poll, held that the lay‑…
R. DURAISWAMY AND ORS.versusDIRECTOR OF SCHOOL EDUCATION AND ORS.
2000 INSC 59212 December 2000Dismissed
The petitioners were teachers originally appointed in Panchayat Union Elementary Schools who were transferred to the High School service when middle schools were upgraded. Junior teachers who remained in the elementary schools were promoted to Head Masters in primary/middle schools and received higher pay. The petition…
KHATEMA FIBRES LTD.versusSTATE OF UTTAR PRADESH AND ANR.
2000 INSC 59312 December 2000Disposed off
Khatema Fibres Ltd., a manufacturer of craft paper, obtained a Recognition Certificate under Section 4‑B of the U.P. Trade Tax Act, 1948 to claim exemption on the basis that its craft paper was used as packing material. The Allahabad High Court, relying on a Full Bench decision in Mis. Lalji Board Industries v. State o…
M/S. MURUDESHWARA CERAMICS LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.
2001 INSC 50512 October 2001Disposed off
Respondent nos. 13‑22 filed a writ petition seeking to restrain Murudeswara Ceramics Ltd. and its associate from constructing a clay processing unit on land in Survey No. 23, Varakodu Village, Shimoga, alleging contravention of the Karnataka Land Reforms Act, 1961. The land had been purchased by the second appellant on…
DR. BHANU PRASAD PANDAversusTHE CHANCELLOR, SAMBALPUR UNIVERSITY AND ORS.
2001 INSC 44012 September 2001Dismissed
Dr. B.P. Panda, a Research Assistant at Sambalpur University, applied for the post of Lecturer in Political Science. The selection committee recommended him and he was appointed, but an unsuccessful candidate challenged the appointment on the ground that Panda did not meet the minimum academic qualification of 55% mark…
GHAZIABAD DEVELOPMENT AUTHORITY ETC. ETC.versusUNION OF INDIA AND ANR.
2000 INSC 33112 May 2000
Ghaziabad Development Authority (GDA) advertised several schemes for allotment of developed plots, collected deposits from allottees, and then failed to deliver possession within a reasonable time. The aggrieved allottees obtained orders from the MRTP Commission, Consumer Forum and High Court directing refund of their …
K.C. SINGH DEOversusNILADRI SAHU (DEAD) BY LRS. AND ORS.
1999 INSC 24512 May 1999Appeal(s) allowed
The respondents applied for declaration as Raiyats under Section 4(1)(h) of the Orissa Land Reforms Act, 1960, claiming possession of vested land that had been transferred to the Government by the Orissa Estate Abolition Act, 1951. The appellant, K.C. Singh Deo, objected on the ground that the land belonged to the deit…
CANBANK FINANCIAL SERVICESversusCUSTODIAN AND ANR.
2004 INSC 24812 April 2004Appeal(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 of Offences Relating…
BHARAT COKING COAL LTD.versusL.K. AHUJA
2004 INSC 25712 April 2004Disposed 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 also argued that th…
MEDICAL COUNCIL OF INDIAversusRAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ORS.
2004 INSC 24912 April 2004Disposed 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 for the 2002‑03 acade…
TEXTILE LABOUR ASSOCIATION AND ANR.versusTHE OFFICIAL LIQUIDATOR AND ANR.
2004 INSC 25012 April 2004Case 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 workmen owed more th…
DR. (MRS.) GURJEEWAN GAREWALversusDR. (MRS.) SUMITRA DASH AND ORS.
2004 INSC 26012 April 2004Appeal(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 faced disciplinary acti…
S.I. PARAS KUMAR AND ORS.versusS.I. RAM CHARAN AND ORS.
2004 INSC 25312 April 2004Disposed 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 Director General of Police,…
M/S O.N.G.C. LTD.versusASSN. OF NATURAL GAS CONSUMING INDUSTRIES AND ORS.
2004 INSC 24712 April 2004IA 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 the applicants' demand…
NATIONAL JUTE MANUFACTURERS CORPORATION LTD.versusKATIHAR MAZDOOR SANGH AND ORS.
2001 INSC 20612 April 2001Dismissed
The workmen of a jute mill, transferred to the National Jute Manufacturers Corporation under the Jute Companies (Nationalisation) Act, 1980, were originally entitled to ten paid national/festival holidays and seven days of casual leave, including Deepawali as a paid holiday. After the transfer, the corporation substitu…
ALL INDIA SC AND ST EMPLOYEES ASSN. AND ANRversusA. ARTHUR JEEN AND ORS.
2001 INSC 20712 April 2001Dismissed
The Railway Board issued a notification for 330 Group‑D "Khalasis" posts, later increasing the vacancies to 917 without a fresh public notice. After interviews, a panel of 917 candidates was published. The Central Administrative Tribunal quashed the panel on grounds of the unnotified increase in vacancies and the arbit…
R.L. JAIN (D) BY LRS.versusDDA AND ORS.
2004 INSC 16612 March 2004Dismissed
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 subsequently obtained a …
STAR CONSTRUCTION AND TRANSPORT CO. AND ORS.versusTHE INDIA CEMENTS LTD.
2001 INSC 8412 February 2001Dismissed
Star Construction and Transport Co. and others appealed against The India Cements Ltd. after a non‑speaking arbitration award of Rs. 65,00,000 was reduced to Rs. 49,00,000 by the respondent, who claimed a set‑off of Rs. 16,00,000 arising from two suits pending before the High Court. The respondent sought to treat the a…
THE CHANDIGARH ADMINISTRATION AND ORS.versusMRS. RAJNI V ALI AND ORS.
2000 INSC 1412 January 2000Dismissed
The case concerned lecturers (respondents 1‑12) employed by Dev Samaj Girl Senior Secondary School, a privately managed recognised school receiving grant‑in‑aid since 1967, who sought salary parity with teachers in other aided schools after the school added 11th and 12th classes in 1988. The Chandigarh Administration a…
N.C. DHOUNDIALversusUNION OF INDIA AND ORS.
2003 INSC 70311 December 2003Case 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, found a prima facie c…
OTIS ELEVATOR EMPLOYEE UNION S. REG. AND ORS.versusUNION OF INDIA AND ORS.
2003 INSC 62411 November 2003Dismissed
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, unreasonableness and violat…
STATE OF PUNJABversusDAYANAND MEDICAL COLLEGE AND HOSPITAL AND ORS.
2001 INSC 50211 October 2001Appeal(s) allowed
The State of Punjab issued a notification reserving 60% of postgraduate medical seats for in‑service candidates and 40% for general candidates, and lowered the minimum qualifying mark in the entrance test from the 50% prescribed by Regulation 9 of the Postgraduate Medical Education Regulations, 2000 to 40%. The Punjab …
NATIONAL HYDROELECTRIC POWER CORPORATION LTD.versusSHRI BHAGWAN AND ANR.
2001 INSC 43711 September 2001Appeal(s) allowed
The National Hydroelectric Power Corporation transferred two employees from its corporate office to a new project at Itanagar. The employees challenged the transfers, arguing that corporate office and project units are separate seniority units and that transfers without consent violate Rule 4.1.1 of the Seniority Rules…
JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITYversusSMT. T. SUMALATHA AND ORS.
2003 INSC 38311 August 2003Appeal(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 (Finance & Planning) i…
HINDUSTAN AERONAUTICS LTD.versusCOMMISSIONER OF INCOME TAX KARNATAKA-I, BANGALORE
2000 INSC 31911 May 2000Dismissed
Hindustan Aeronautics Ltd. filed its income‑tax return for AY 1970‑71, which was disallowed in part by the Assessing Officer. The company appealed to the Appellate Assistant Commissioner, whose order was partly favourable, and both parties filed second appeals before the Income Tax Appellate Tribunal (ITAT). The assess…
BANOLATA MOHAPATRAversusSTATE OF ORISSA AND ORS.
1999 INSC 23811 May 1999Dismissed
The appellant and Respondent No.4 were appointed as lecturers on the same day at Kamla Nehru Women's College, Bhubaneswar. Eligibility for grant‑in‑aid required first‑class marks; the appellant later qualified, while Respondent No.4’s deficiency was condoned by the University and the State Government. The college Gover…
HYDERABAD INDUSTRIES LTD. AND ANR.versusUNION OF INDIA AND ORS.
1999 INSC 23411 May 1999Disposed off
Hyderabad Industries Ltd. and another imported asbestos fibre before 1986 and were demanded additional customs duty under Section 3(1) of the Customs Tariff Act, 1975. The appellants argued that the fibre, obtained by merely separating it from the parent rock, was not a manufactured article and therefore not liable to …
SITA RAM SINGHANIAversusBANK OF TOKYO-MITSUBISHI LTD. AND ORS.
1999 INSC 24111 May 1999Dismissed
The petitioner, Sita Ram Singhania, challenged a stay order granted by the Allahabad High Court in a suit filed by banks before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The suit was instituted in the State of Madhya Pradesh, but the Allahabad High C…
DAL-ICHI KARKARIA LTD.versusUNION OF INDIA AND ORS.
2000 INSC 21511 April 2000Appeal(s) allowed
The appellant, Dai-ichi Karkaria Ltd., imported raw materials for manufacturing goods supplied to ONGC under a customs duty exemption granted by Notification No. 210/82 (amended 1983) which was to remain in force until 10 September 1987. The Union of India later issued Notification No. 513/86, reducing the exemption to…
COMMISSIONER OF POLICE AND ORS.versusACHARYA JAGADISHWARANANDA AVADHUTA AND ANR.
2004 INSC 15811 March 2004Appeal(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 the 1986 edition of i…
CUSTOMS, NEW DELHIversusAHMADALIEVA NODIRA
2004 INSC 15911 March 2004Appeal(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 showing the tablets…
ASHEESH PRATAP SINGH AND ORS.versusUNION OF INDIA & ORS.
2002 INSC 13311 March 2002Disposed 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 Medical Council of I…
UNION OF INDIA AND ORS.versusALL INDIA CHILDREN CARE AND EDUCATIONAL DEVELOPMENT SOCIETY, AZAMGARH AND ANR.
2002 INSC 13411 March 2002Appeal(s) allowed
The All India Children Care and Educational Development Society applied to the Central Government under the Indian Medical Council Act, 1956 for permission to establish a medical college, submitting a scheme that required ownership of a 300‑bed teaching hospital and adequate staff and clinical facilities. The Allahabad…
P.S.E.B. AND ANR.versusWAZIR SINGH
2002 INSC 13211 March 2002Appeal(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 daily wager, filed a s…
MANOJI RAOversusT. KRISHNA AND ORS.
2001 INSC 2211 January 2001Dismissed
The respondents filed a suit seeking a declaration of ownership of site No.20 in Bangalore, relying on an allotment letter (19‑July‑1973) and a possession certificate (18‑March‑1981) issued by the Bangalore Development Authority. The appellant claimed prior possession of a portion of the site and the trial court dismis…
MR. "X"versusHOSPITAL "Z"
2002 INSC 52610 December 2002Disposed 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 compensation for breach of…
S. PITCHAI GANAPATHY AND ORS.versusCOMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT AND ORS.
2001 INSC 43410 September 2001Dismissed
The appellants claimed that two ancient shrines in Madurai were private family temples, asserting continuous possession as hereditary pujaris and trustees, while the respondents contended that the shrines were public temples forming part of the Meenakshi Sundereswarar Temple. The dispute was examined under the Tamil Na…
K.L. NANDAKUMARAN NAIRversusK.I. PHILIP AND ORS.
2001 INSC 43510 September 2001Appeal(s) allowed
The appellants were promoted to Electrician (HS) after a trade test, while the respondents, who were already Electricians (HS) Grade II, challenged this selection before the Central Administrative Tribunal (CAT). The CAT initially held that the appellants had not attained the qualifying minimum marks and dismissed the …
HINDUSTAN AERONAUTICS LTD. ETC.versusREGISTERING AUTHORITY AND ORS.
1999 INSC 39010 September 1999Appeal(s) allowed
Hindustan Aeronautics Ltd (HAL) operated several buses to transport its employees and their children to school and college. The Orissa Motor Vehicles Taxation Authority treated these buses as "contract carriage" under Entry 4 of the Schedule to the Orissa Motor Vehicles Taxation Act, 1986 and levied a higher tax, which…
UNION OF INDIAversusM/S SHATABADI TRADING AND INVESTMENT PVT. LTD. AND ORS
2001 INSC 35410 August 2001Appeal(s) allowed
The Union of India sought to acquire a Delhi property sold for Rs 1.75 crore by invoking Section 269UD of the Income Tax Act, 1961. The Appropriate Authority valued the fair market value at about 160% above the consideration and ordered acquisition without a prior show‑cause notice; a later notice disclosed the valuati…
A.C. ARULAPPAN .versusSMT. AHALYA NAIK
2001 INSC 35510 August 2001Disposed off
The appellant, A.C. Arulappan, entered into a sale agreement with the respondent, Smt. Ahalya Naik, for his RCC building, receiving an advance of Rs.42,000. A second agreement was later executed stipulating a deadline for execution of the sale deed, which the appellant failed to meet. The respondent sued for specific p…
STATE OF HARYANA AND ANR.versusHARYANA CIVIL SECRETARIAT PERSONAL STAFF ASSOCIATION
2002 INSC 29810 July 2002Appeal(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 & Haryana High Court, rel…
SEEDSMAN ASSOCIATION, HYDERABAD AND ORS.versusPRINCIPAL SECRETARY TO GOVT., A.P. AND ORS.
2004 INSC 9610 February 2004Dismissed
The Seedsman Association of Hyderabad and two seed companies filed a writ petition under Article 226 challenging the levy of market fee under Section 7 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 on seeds they produce, process and market. They contended that seeds are not meant for huma…
TARIQ ISLAMversusALIGARH MUSLIM UNIVERSITY AND ORS.
2001 INSC 4949 October 2001Appeal(s) allowed
Aligarh Muslim University advertised a lecturer post requiring at least 55% marks at master’s level or an equivalent foreign qualification. Tariq Islam, who held a B.A. (Hons.) degree from the Council of National Academic Awards, UK, and had subsequently earned M.Phil. and Ph.D. degrees from the university, applied and…
SHIVA SHANKAR PANDEY & ORS.versusSTATE OF BIHAR
2002 INSC 3709 September 2002Disposed 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 appeal, the Supreme Cour…
U.P. SUNNI CENTRAL BOARD OF WAKFSversusMAZHAR HASAN AND ORS.
2001 INSC 3519 August 2001Appeal(s) allowed
The respondents filed a reference under Sections 29(8) and 33 of the Uttar Pradesh Muslim Wakfs Act, 1960 seeking cancellation of the registration of a Musafirkhana and adjoining mosque as wakf. The property had been purchased with subscriptions collected from the general Muslim public and the building was erected usin…
A.P. STATE FINANCIAL CORPORATIONversusOFFICIAL LIQUIDATOR
2000 INSC 3899 August 2000Dismissed
The appellant, A.P. State Financial Corporation, had granted loans to two companies that later went into liquidation. To recover its dues, it filed applications under Section 446(1) of the Companies Act read with Sections 29 and 46 of the State Financial Corporation Act, 1951, seeking to stay outside the winding‑up pro…
INDIRA JAISINGversusREGISTRAR GENERAL, SUPREME COURT OF INDIA AND ANR.
2003 INSC 2889 May 2003Dismissed
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 agency to conduct a fre…
JT. REGISTRAR OF COOPERATIVE SOCIETIES, KERALAversusT.A. KUTTAPPAN AND ORS. ETC.
2000 INSC 3079 May 2000Dismissed
The Supreme Court considered appeals against a Kerala High Court order that restrained an administrator, appointed under Section 32 of the Kerala Cooperative Societies Act, 1969, from enrolling new members in a cooperative society whose managing committee had been superseded. The petitioners argued that the administrat…
SALIM AKHTAR @ MOTAversusSTATE OF UTTAR PRADESH
2003 INSC 2239 April 2003Appeal(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 recovery and its make a…
M/S. K. STREETLITE ELEC1RIC CORPORATIONversusREGIONAL PROVIDENT FUND COMMISSIONER, HARYANA
2001 INSC 1949 April 2001Case Partly allowed
Mis. K. Sreetlite Electric Corporation appealed against an order of the Regional Provident Fund Commissioner, Haryana, which imposed damages of Rs 88,731.25 under Section 14‑B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 for belated contributions for July 1976‑June 1980. The corporation conten…
BANK OF. INDIAversusSECRETARY, BANK OF INDIA STAFF UNION AND ANR .
2001 INSC 1959 April 2001Appeal(s) allowed
Workmen employed by Bank of India at various collection centres and clearing houses claimed entitlement to a special assistant allowance under the Industrial Disputes Act. The Industrial Tribunal held that the workmen were entitled to the allowance for the days they worked at the centres and ordered payment. The Bank a…
VIVIDH KAMGAR SABHAversusKALYANI STEELS LTD. AND ANR.
2001 INSC 129 January 2001Dismissed
The Vividh Kamgar Sabha, a trade union, claimed that its members were workmen employed by Kalyani Steels Ltd. and filed a complaint under Section 28(1) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 alleging various unfair labour practices. The Industrial Court dismisse…
AHMEDABAD EDUCATION SOCIETYversusGILBER B. SHAH AND ORS
2003 INSC 6938 December 2003Dismissed
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 declaration that his retireme…
CHALLAMANE HUCHHA GOWDAversusM.R. TIRUMALA AND ANR.
2003 INSC 6948 December 2003Appeal(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 application under Order…
INTERNATIONAL AIRPORT AUTHORITY EMPLOYEES UNION AND ANR.versusINTERNATIONAL AIRPORTS AUTHORITY OF INDIA & ORS.
2000 INSC 5808 December 2000Appeal(s) allowed
The petitioners, six sweepers employed on a contract basis in the car parks of the International and National Airports, sought regularisation after the abolition of contract labour under the Contract Labour (Abolition & Regulation) Act, 1970. The respondents argued that the airport car parks were not part of the "build…
NOOR NIWAS NURSERY PUBLIC SCHOOLversusREGIONAL PROVIDENT FUND COMMISSIONNER AND ORS.
2000 INSC 5818 December 2000Dismissed
The appellant, Noor Niwas Nursery Public School, argued that it was a separate establishment with only four employees and therefore exempt from the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The respondent, Regional Provident Fund Commissioner, contended that the nursery and the adjoining Franci…
MAHAVIR SINGH AND ORS.versusNARESH CHANDRA AND ANR.
2000 INSC 5108 November 2000Appeal(s) allowed
The respondents filed a suit for specific performance of a sale agreement, which was dismissed by the trial court. During trial the agreement was sent for forensic examination, revealing interpolations, and the respondents sought to have the original and a copy examined by a forensic laboratory through an application u…
STATE OF GUJARATversusSALIMBHAL ABDULGAFFAR SHAIKH AND ORS.
2003 INSC 4568 September 2003Appeal(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 before the Special Court …
P.C. JOSHIversusSTATE OF U.P. AND ORS.
2001 INSC 3498 August 2001Appeal(s) allowed
P.C. Joshi, a district judge, was terminated after a disciplinary inquiry that found him guilty of nine charges, mainly concerning bail orders, a stay of telephone disconnection, and the appointment of a gardener. He challenged the termination by filing a writ petition, which the Allahabad High Court dismissed. The Sup…
SALKIA BUSINESSMEN'S ASSOCIATION AND ORS.versusHOWRAH MUNICIPAL CORPROATION AND ORS.
2001 INSC 3508 August 2001Appeal(s) allowed
The Salkia Businessmen's Association feared displacement due to a fly‑over and obtained a writ petition that was disposed of by a settlement, the terms of which were incorporated into the Calcutta High Court’s order on 13 Feb 1991. The Howrah Municipal Corporation and other authorities later failed to give the alternat…
UTTAM SINGH DUGAL AND CO. LTD.versusUNITED BANK OF INDIA AND ORS.
2000 INSC 3808 August 2000Dismissed
The petitioner, a construction company, entered into a project financed by a consortium of banks. The first bank filed a suit for recovery and, within that suit, sought a judgment on admission under Order XII Rule 6 of the CPC, relying on a board resolution and minutes that admitted liability for a specified sum. The p…
D.T.C. RETIRED EMPLOYEES' ASSOCIATION AND ORS. ETC. ETC.versusDELHI TRANSPORT CORPORATION, ETC.
2001 INSC 2648 May 2001Dismissed
M/S. MONARCH INFRASTRUCTURE (P) LTD.versusCOMMISSIONER, ULHASNAGAR MUNICIPAL CORPORATION AND ORS.
2000 INSC 2998 May 2000Disposed off
The Ulhasnagar Municipal Corporation invited tenders for appointing agents to collect octroi, prescribing eligibility clauses 6(a) and 6(b). After the tender submission deadline, clause 6(a) was waived under a government order and the contract was awarded to Monarch Infrastructure, which had not satisfied the original …
DALBIR SINGHversusSTATE OF U.P.
2004 INSC 2438 April 2004
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 of suicide) but held…
STATE OF GUJARAT AND ORS.versusAKHIL GUJARAT PRAVASI V.S. MAHAMANDAL AND ORS.
2004 INSC 2468 April 2004
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 Articles 14, 19(1)(g…
V.G.GEORGEversusINDIAN RARE EARTHS LTD. AND ANR.
1999 INSC 1718 April 1999Dismissed
The appellant, V.G. George, a mining contractor, entered into a contract with Indian Rare Earths Ltd. for the supply of raw sand. Disputes were referred to an arbitrator who awarded sums for obstruction by local parties and for a wage escalation, despite the contract assigning responsibility for landowner consent to th…
MAYURAKSHI COTTON MILLS AND ORS.versusPANCHRA MAYURAKSHI COTION MILLS EMPLOYEES UNION AND ORS.
2000 INSC 1308 March 2000Disposed off
The State of West Bengal purchased Mayurakshi Cotton Mills after liquidation and re‑employed many of the former workers. Management issued a lock‑out in August 1992, which was challenged by a writ petition; the lock‑out was later withdrawn following a settlement dated 27 February 1993 that retrenched a number of workme…
ABHINAV AGGARWAL AND ANR.versusUNION OF INDIA AND ORS.
2001 INSC 818 February 2001Dismissed
The petitioners, Delhi residents who completed their MBBS outside the National Capital Territory, sought admission to postgraduate medical courses at Delhi University under the 75% state‑quota seats. They argued that the university's rule, which reserves 25% of seats for an all‑India quota and the remaining 75% for Del…
VST INDUSTRIES LTD.versusVST INDUSTRIES WORKERS UNION AND ANR. ETC.
2000 INSC 5787 December 2000Dismissed
VST Industries Ltd., a cigarette manufacturing company, operated a canteen for its workers under Section 46 of the Factories Act, 1948. After 1982 the canteen was managed by private contractors, but the workers continued to be employed and received wages, ESI and PF benefits through the contractors, while the company s…
GYASUDDIN KHAN @ MD. GYASUDDLN KHANversusTHE STATE OF BIHAR
2003 INSC 6177 November 2003Appeal(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 302 but set aside the …
HUSSAN MITHU MHASVADKARversusBOMBAY IRON AND STEEL LABOUR BOARD AND ANR.
2001 INSC 4327 September 2001Dismissed
Hussan Mithu Mhasvadkar, employed as an Inspector in the Bombay Iron & Steel Labour Board, was placed on probation and terminated after 21 months. He claimed that he was a "workman" under the Industrial Disputes Act, 1947 and that the Board constituted an "industry", making him entitled to the Act's protections. The La…
APPROPRIATE AUTHORITY AND ANR.versusKAILASH SUNEJA AND ANR.
2001 INSC 3457 August 2001Dismissed
The respondents entered into a sale agreement for a tenanted immovable property in Delhi for Rs. 79 lakhs and filed Form 37(1) under Chapter XX‑C of the Income Tax Act. The Appropriate Authority (AA) determined that the consideration was 24% below the fair market value (FMV) by comparing the subject property with three…
TEKI VENKATA RATNAM AND ORS .versusDY. COMMISSIONER, ENDOWMENT AND ORS.
2001 INSC 3477 August 2001Dismissed
The appellants challenged a notice issued by the Deputy Commissioner of Endowments under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which sought to determine whether the Shri Panduranga Vitthal Swami temple was a public or private temple. They argued that the …
UNION OF INDIA AND ANR.versusM/S. CHIRANJI ESTATE (P) LTD. AND ANR.
2001 INSC 3487 August 2001Dismissed
The Union of India appealed against a Delhi High Court order that set aside an acquisition order made by the Appropriate Authority under Chapter XX‑C of the Income Tax Act, 1961. The Authority had held that the sale price of a property in East of Kailash was under‑valued by comparing it with another property in a diffe…
UNION OF INDIAversusM. SURYANARAYANA RAO
1998 INSC 2957 August 1998Case Allowed
The senior employee, M. Suryanarayana Rao, claimed that his pay should be stepped up to match that of his junior who had been given an ad‑hoc promotion on a long‑term basis within a different circle, resulting in the junior drawing a higher salary. The Central Administrative Tribunal allowed the stepping‑up, but the Un…
UNION OF INDIAversusPRAKASH P. HINDUJA AND ANR.
2003 INSC 3027 July 2003Appeal(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 Central Vigilance C…
A.C. RAZIAversusGOVERNMENT OF KERALA AND ORS.
2003 INSC 2827 May 2003Matter 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 representation or the…
M/S. SPEEDWAY RUBBER CO.versusCOMMISSIONER, CENTRAL EXCISE, CHANDIGARH
2002 INSC 2647 May 2002Appeal(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 of the Central Exci…
ANIS PARVEZ AND ORS.versusTHE DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH AND ORS.
2002 INSC 2637 May 2002Appeal(s) allowed
The appellants, casual workers regularised as Technician Grade II (Group C) in 1991, were challenged by earlier absorbers (respondents 3‑12) who had been regularised in Group D posts in 1985. The respondents sought to quash the appellants' regularisation and to be promoted to the Group C posts, arguing seniority. The C…
LUIS CAETANO VIEGASversusESTRELINA MARIANA R.M.A. DA COSTA AND ORS.
2002 INSC 2667 May 2002Appeal(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 mother, grandparents and …
COLLECTOR OF CENTRAL EXCISE, BARODAversusUNITED PHOSPHORUS LTD.
2000 INSC 2037 April 2000Dismissed
United Phosphorus Ltd., a manufacturer of insecticides, produced three intermediate chemicals during its process. The Collector of Central Excise held these intermediates liable for excise duty, but the Collector (Appeals) reversed the decision, finding them non‑marketable. The Revenue appealed to the Central Excise an…
ST. JOHNS TEACHERS TRAINING INSTITUTEversusREGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHERS EDUCATION AND ANR.
2003 INSC 727 February 2003Dismissed
St. Johns Teachers Training Institute applied to the Regional Director of the National Council for Teacher Education (NCTE) for recognition to start a teacher‑training course. The Regional Director refused to consider the application unless the institute obtained a No Objection Certificate (NOC) from the State Governme…
M/S. POLYFLEX (INDIA) PVT. LTD.versusCOMMISSIONER OF INCOME TAX, KARNATAKA
2002 INSC 3676 September 2002Dismissed
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 liability dispute was …
M/S. KHAITAN ELECTRICAL LTD.versusCOLLECTOR OF CENTRAL EXCISE, NEW DELHI
2003 INSC 3696 August 2003Appeal(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 under Item 33(1)(b), …
COMMISSIONER OF CENTRAL EXCISE, CHENNAIversusM/S. T.V.S. SUZUKI LTD. HOSUR
2003 INSC 3706 August 2003Dismissed
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 in 1999 to sub‑rule (…
TATA MOTORS LTD.versusSTATE OF MAHARASHTRA AND ORS.
2004 INSC 3676 May 2004Case 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 that set‑off benefi…
THAMAN KUMARversusSTATE OF UNION TERRITORY OF CHANDIGARH
2003 INSC 2796 May 2003Dismissed
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 a wall. The prosecut…
J.M.D. ALLOYS LTD.versusBIHAR STATE ELECTRICITY BOARD AND ORS.
2003 INSC 1516 March 2003Dismissed
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 petitioner challenged the bil…
STATE OF MADHYA PRADESH AND ANR.versusBHOLA @ BHAIRON PRASAD RAGHUVANSHI
2003 INSC 666 February 2003Appeal(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 was rejected because…
HASANALI WALIMCHAND (DEAD) BY L.RS.versusSTATE OF MAHARASHTRA
1998 INSC 26 January 1998Disposed off
The State of Maharashtra acquired 14 acres 9 gunthas of land in Kedgaon, Ahmednagar, for public purposes. The Collector initially awarded compensation of Rs 49,301, which the claimants contested, leading to a reference under Section 18 of the Land Acquisition Act, 1894. The reference court fixed a higher compensation o…
OM PRAKASH @ RAJAversusSTATE OF UTTARANCHAL
2002 INSC 5205 December 2002Dismissed
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 forensic evidence, show…
SATISH SHARMA AND ANR.versusSTATE OF GUJARAT
2002 INSC 5215 December 2002Appeal(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 the Criminal Proced…
STATE OF KARNATAKAversusM.N. RAMDAS
2002 INSC 3665 September 2002Appeal(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 found the accused in…
M/S HIRA LALL AND SONS AND ORS.versusM/S. LAKSHMI COMMERCIAL BANK
2002 INSC 3275 August 2002Dismissed
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 Recovery of Debts Du…
KALAVAKURTI VENKATA SUBBAIAHversusBALA GURAPPAGARI GURVI REDDY
1999 INSC 3095 August 1999Dismissed
The appellant executed a sale deed in favour of the respondent but refused to cooperate for its registration. The respondent filed a suit for specific performance seeking registration of the deed, along with injunction or possession of the immovable property. The trial court held that the suit was not maintainable unde…
MODERN TERRY TOWEL LTD.versusSOLANKI MULJIBHAI REVABHAI HARIJAN VYAS AND ORS.
2004 INSC 3365 May 2004Appeal(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 the affected villag…
M/S. TATA IRON AND STEEL CO. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PATNA
2004 INSC 3375 May 2004Appeal(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 and thus liable to …
A. INFRASTRUCTURE LTD.versusCOMMISSIONER OF CENTRAL EXCISE, JAIPUR
2004 INSC 3385 May 2004Appeal(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 Central Excise, Cus…
SHAKUNTALA BAI AND ORS.versusNARAYAN DAS AND ORS.
2004 INSC 3395 May 2004Appeal(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 appealed; during the pende…
M/S. SONY INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI
2004 INSC 3405 May 2004Dismissed
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 retail price) together wi…
M/S. MENTHA AND ALLIED PRODUCTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MEERUT
2004 INSC 3425 May 2004Case 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 held that the menthol …
M/S. ELPHINSTONE METAL ROLLING MILLSversusCOLLECTOR OF CENTRAL EXCISE, BOMBAY
2004 INSC 3435 May 2004Dismissed
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 show‑cause notices and r…
COMMISSIONER OF CENTRAL EXCISE, AHMEDABADversusM/S. SUSMA TEXTILE PVT. LTD.
2004 INSC 3445 May 2004Dismissed
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 59.01, alleging it to be…
ASSOCIATED CEMENT CO. LTD.versusSTATE OF M.P. AND ORS.
2004 INSC 3455 May 2004
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 liable to the tax. Th…
P.M. BHARGAVA AND ORS.versusUNIVERSITY GRANTS COMMISSION AND ORS.
2004 INSC 3465 May 2004Dismissed
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 petitioners appealed to t…
M/S. TECUMSEH PRODUCTS INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, HYDERABAD
2004 INSC 3475 May 2004Case 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 manufacture and levie…
PUNE MUNICIPAL CORPORATIONversusPROMOTERS AND BUILDERS ASSOCIATION AND ANR.
2004 INSC 3485 May 2004Appeal(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 Government sanction…
BRAHMO SAMAJ EDUCATION SOCIETY AND ORS.versusSTATE OF WEST BENGAL AND ORS.
2004 INSC 3495 May 2004Case 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 to establish and admi…
COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE AND ORS.versusM/S. CHARMINAR NONWOVENS LTD.
2004 INSC 3505 May 2004Appeal(s) allowed
The Commissioner of Customs and Central Excise issued a detention memo and a show‑cause notice to Charminar Nonwovens Ltd., seeking classification of its floor coverings and filter fabrics under tariff heading 5703.90 (30% duty) instead of 5703.20 (5% duty). The High Court of Andhra Pradesh quashed the notice, holding …
USHA MEHTA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2004 INSC 3335 May 2004Dismissed
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 establish and administ…
STATE OF PUNJABversusM/S. GURANDITTA MAL SHANTI PRAKASH ETC.
2004 INSC 3515 May 2004Dismissed
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 the provisions of th…
U.P. COOPERATIVE CANE UNION FEDERATIONversusWEST U.P. SUGAR MILL ASSOCIATION AND ORS.
2004 INSC 3325 May 2004Disposed off
The case concerned whether the Uttar Pradesh Government could fix a "State Advised Price" (SAP) for sugarcane that was higher than the minimum price fixed by the Central Government under the Essential Commodities Act and the Sugarcane (Control) Order, 1966. The petitioners (U.P. Co‑operative Cane Union Federation and s…
M/S. GEO MILLER AND CO. PVT. LTD. AND ORS.versusSTATE OF M.P. AND ORS.
2004 INSC 3525 May 2004Dismissed
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 304(b)) of the Const…
POHLA SINGH @ POHLA RAM (D) BY LRS. AND ORS.versusSTATE OF PUNJAB AND ORS.
2004 INSC 3535 May 2004Appeal(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 son Gurcharan Singh) …
M/S. MULLER AND PHIPPS (INDIA) LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY-I
2004 INSC 3545 May 2004Appeal(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 tariff heading 30.03…
DEEPAK NITRITE LTD.versusSTATE OF GUJARAT AND ORS.
2004 INSC 3555 May 2004Disposed 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 Board standards but had…
UGAM CHAND BHANDARIversusCOMMISSIONER OF CENTRAL EXCISE, MADRAS
2004 INSC 3565 May 2004Case 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 fabrics were impregna…
PUBLIC UNION OF CLVIL LIBERTIESversusSTATE OF TAMIL NADU AND ORS.
2004 INSC 3575 May 2004
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 monitoring the implemen…
STATE REP. BY INSPECTOR OF POLICE AND ORS.versusN.M.T. JOY IMMACULATE
2004 INSC 3345 May 2004Appeal(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 interlocutory order…
M/S. H.B.L. AIRCRAFT BATTERIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, HYDERABAD
2004 INSC 3585 May 2004Appeal(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 ran out, MOD provided…
NATIONAL TEXTILE CORPN. LTD. AND ORS.versusM/S. HARIBOX SWALRAM AND ORS.
2004 INSC 2335 April 2004Appeal(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 pre‑takeover obligations. The…
DENTAL COUNCIL OF INDIAversusS.R.M. INSTITUTE OF SCIENCE AND TECHNOLOGY AND ANR.
2004 INSC 2345 April 2004Case 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 India contended that…
COMMISSIONER OF SALES TAX, M.P.versusPOPULAR TRADING COMPANY, UJJAIN
2000 INSC 1945 April 2000Appeal(s) allowed
The Commissioner of Sales Tax, Madhya Pradesh, assessed entry tax on "watery coconut" under Entry 5(viii) of the Schedule to the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976. Popular Trading Co., the assessee, contended that watery coconut is distinct from copra and therefore not liable to …
COMMISSIONER OF CENTRAL EXCISE AND CUSTOMSversusM/S. VENUS CASTINGS (P) LTD. ETC. ETC.
2000 INSC 1955 April 2000Appeal(s) allowed
The Commissioner of Central Excise and Customs appealed against several manufacturers, including Mis. Venus Castings (P) Ltd., who had opted to pay excise duty under Rule 96ZO(3) (or 96ZP(3)) of the Central Excise Rules and subsequently claimed the abatement benefit under Section 3A(4) of the Central Excise Act. The Su…
DY. CHIEF CONTROLLER OF IMPORTS AND EXPORTSversusROSHANLAL AGARWAL AND ORS.
2003 INSC 1465 March 2003Disposed 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 notification that created a Ju…
RITONA CONSULTANCY PVT. LTD. AND ORS. ETE. ETC.versusLOHIA JUTE PRESS AND ORS. ETC.
2001 INSC 695 February 2001Disposed off
Two related suits were filed in the Calcutta High Court concerning a government contract for the preparation of photo identity cards. The plaintiff, Lohia Jute Press, sued its sub‑contractors for non‑performance, while the sub‑contractors filed counter‑suits seeking return of pledged shares and other reliefs. The High …
NEETA KAPLISHversusPRESIDING OFFICER LABOUR COURT AND ANR.
1998 INSC 4634 December 1998Appeal(s) allowed
The appellant, a clerk at Dayanand Medical College and Hospital, was dismissed after a domestic enquiry that she alleged was biased and violated natural justice. The Labour Court found the enquiry to be unfair and ordered the management to lead fresh evidence on the merits, but the management relied only on the enquiry…
PREETAM SINGH AND ORS.versusSTATE OF RAJASTHAN
2003 INSC 6004 November 2003Disposed 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 Court rejected the sel…
INDIAN OVERSEAS BANKversusINDIAN OVERSEAS BANK OFFICERS ASSOCIATION AND ANR.
2001 INSC 4824 October 2001Appeal(s) allowed
The Indian Overseas Bank and other nationalised banks amended their disciplinary regulations by a circular that barred an officer from seeking assistance from another employee who already had two pending disciplinary cases as a defence officer. The amendment was challenged on the ground that it violated Article 14 of t…
CHAIRMAN AND MANAGING DIRECTOR, INDIAN AIRLINESversusBINOD KUMAR SINHA AND ORS.
2001 INSC 4834 October 2001Appeal(s) allowed
The petitioners, employees of Indian Airlines, challenged Regulation 13(b) which obliges a six‑month written notice before resignation, and a DGCA circular requiring a No‑Objection Certificate before an air‑taxi operator can employ such employees. They claimed the provisions violated Articles 14, 16, 19(1)(g), 21 and 2…
M/S. GENERAL FINANCE CO. AND ANR.versusASSISTANT COMMISSIONER OF INCOME TAX, PUNJAB
2002 INSC 3654 September 2002Appeal(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 Court held the prosecut…
LIFE CONVICT LAXMAN NASKARversusSTATE OF WEST BENGAL AND ANR.
2000 INSC 4294 September 2000Appeal(s) allowed
The petitioner, a life convict sentenced under Sections 302 and 34 IPC, filed a writ petition under Article 32 seeking premature release, claiming that he had served the equivalent of 20 years (the statutory period for life imprisonment) and earned remissions under the West Bengal Correctional Services Act, 1992. The S…
THE CENTRAL COUNCIL FOR RESEARCH IN AYURVEDA AND SIDDHA AND ANRversusDR. K. SANTHAKUMARI
2001 INSC 2594 May 2001Appeal(s) allowed
Dr. K. Santhakumari, an Assistant Research Officer, challenged her placement at the bottom of a select list for promotion to Research Officer, arguing that promotion should be based on seniority-cum-fitness. The Departmental Promotion Committee had prepared the list under recruitment rules that classified the Research …
STATE OF RAJASTHANversusHARPHOOL SINGH (DEAD) THROUGH HIS LRS.
2000 INSC 2854 May 2000Appeal(s) allowed
The State of Rajasthan appealed against a decree granting title to a plot of land to the deceased Harphool Singh on the basis of adverse possession. The plaintiff claimed continuous, open and hostile possession since 1955, supported only by oral statements and electricity/water bills, and later introduced a claim of hi…
STATE OF ANDHRA PRADESHversusMANJETI LAXMI KANTHA RAO (DEAD) BY LRS. AND ORS.
2000 INSC 1864 April 2000Dismissed
The State of Andhra Pradesh appealed against a High Court order that set aside a trial court decree granting a declaration that a property was not subject to any public or charitable trust under the Madras Hindu Religious and Charitable Endowments Act, 1951. While the suit was pending, the Andhra Pradesh Charitable and…
DEPARTMENT OF TELECOMMUNICATION AND ANR.versusCELLULAR OPERATORS ASSOCIATION OF INDIA AND ORS.
2003 INSC 1384 March 2003Dismissed
The Department of Telecommunication granted licences to cellular operators who were required to pay licence fees in advance and were liable to interest on delayed payments. The New Telecom Policy 1999 introduced a migration package that postponed the effective date of licence fee payment by six months, but the Departme…
STATE OF KARNATAKAversusM.V. MAHESH
2003 INSC 1394 March 2003Dismissed
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, along with the husband'…
SMT. SUSHILA RANIversusCOMMISSIONER OF INCOME TAX AND ANR.
2002 INSC 614 February 2002Appeal(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, the Revenue issued a…
M/S. WESTON COMPONENTS LTD.versusCOMMISSIONER OF CUSTOMS, NEW DELHI
2000 INSC 34 January 2000Dismissed
In the civil appeal filed by M/s. Weston Components Ltd. against the Commissioner of Customs, New Delhi, the appellant challenged the imposition of a redemption fine after its imported goods had been released on the execution of a bond. The goods were released to the appellant following an application and bond executio…
N. NATARAJANversusB.K. SUBBA RAO
2002 INSC 5073 December 2002Appeal(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 Judge held that the resp…
JOSEPHversusSTATE OF KERALA
2002 INSC 5083 December 2002Appeal(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 witness's evidence unreli…
MANAGEMENT OF MIS. INDIAN IRON AND STEEL CO. LTD.versusPRAHLAD SINGH
2000 INSC 5033 November 2000Appeal(s) allowed
The workman Prahlad Singh was granted leave from 1 July to 20 September 1974 and failed to resume duty. The company terminated his employment on 8 October 1974 under its standing orders, which stipulated loss of lien for over‑stay of leave. Singh raised an industrial dispute before the Central Government Industrial Tri…
N. ADITHAYANversusTHE TRAVANCORE DEVASWOM BOARD AND ORS.
2002 INSC 4253 October 2002Dismissed
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 Articles 25 and 26. The Sta…
UNION OF INDIAversusASHUTOSH KUMAR SRIVASTAVA AND ANR.
2001 INSC 4783 October 2001Appeal(s) allowed
The respondent, a Chief Vigilance Inspector, applied for promotion to Assistant Engineer and failed the viva voce interview. He alleged that the Selection Committee was biased because its chairman was allegedly related to a person he had investigated in his vigilance role, and that the committee’s secretary influenced …
GOVERNMENT OF NCT, DELHIversusALL INDIA CENTRAL CIVIL ACCOUNTS, JAO'S ASSOCIATION AND ORS.
2001 INSC 4793 October 2001Appeal(s) allowed
The Government of the National Capital Territory (NCT) of Delhi ordered the repatriation of several Joint Account Officers and Assistant Account Officers who were on deputation from the Ministry of Urban Development and posted in the Delhi PWD. The officers, represented by the All India Central Civil Accounts Associati…
AELTEMESH REINversusSUPREME COURT OF INDIA
2001 INSC 4203 September 2001Dismissed
The petitioner, a junior (non‑advocate‑on‑record) of the Supreme Court, applied for allotment of lawyers' chambers but was rejected for not proving the required 50 appearances in each of the two preceding years. He submitted photocopies of cause lists and an affidavit, many of which showed him as a "Petitioner in Perso…
DR. PRACHI ALMEIDAversusDEAN, GOA MEDICAL COLLEGE AND ORS.
2001 INSC 4213 September 2001Case Allowed
Dr. Prachi Almeida, who earned her MBBS at Goa Medical College under the 15% all‑India quota, applied for a postgraduate medical seat in Goa but was denied because she had not resided in Goa for ten years as required by Rule III(iii) of the Goa University admission rules. She contended that the residence requirement sh…
DEAN, GOA MEDICAL COLLEGE, BAMBOLIM, GOA AND ANR.versusDR. SUDHIR KUMAR SOLANKI AND ANR.
2001 INSC 4223 September 2001Appeal(s) allowed
The Dean of Goa Medical College appealed against a Bombay High Court order that had held the ten‑year residency requirement in Rule III(1)(iii) of the Goa Rules 1998 to be merely directory, thereby allowing Dr. Sudhir Kumar Solanki to be considered for admission to a postgraduate medical course. The Supreme Court exami…
STATE OF WEST BENGALversusM.R. MONDAL AND ANR.
2001 INSC 4233 September 2001
The State of West Bengal awarded a one‑year franchise to M.R. Mondal for toll collection on a stretch of the Durgapur Expressway, but Mondal defaulted on payments and sought extensions through a memorandum issued by the Joint Secretary. The memorandum purported to allow collection for up to 30 years, and the High Court…
ARVIND KUMAR KANKANEversusSTATE OF U.P. AND ORS.
2001 INSC 3393 August 2001Dismissed
The Government framed Rules (1994) for admission to post‑graduate medical courses stipulating that a candidate's option exercised in the first counselling is final and that vacant seats thereafter are to be allotted only to candidates on the waiting list. A Single Judge of the Allahabad High Court held that such vacant…
THE CORPORATION OF CALICUTversusK. SREENIVASAN
2002 INSC 2593 May 2002Appeal(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 Kerala Public Buildings …
MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.
1999 INSC 5072 November 1999Dismissed
M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he filed a representati…
SH. O.P. CHOUDHRYversusREHABILITATION MINISTRY EMPLOYEES COOPERATIVE HOUSE BUILDING SOCIETY AND ORS.
2003 INSC 2072 April 2003Appeal(s) allowed
The Supreme Court examined a series of appeals arising from the Rehabilitation Ministry Employees Cooperative House Building Society concerning the eligibility of its members for plot allotments. The Court held that the settlement agreement entered into during a prior Special Leave Petition, together with the Displaced…
O.P. LATHER AND ORS.versusSATISH KUMAR KAKKAR AND ORS.
2001 INSC 672 February 2001Appeal(s) allowed
The dispute concerned promotions to Executive Engineer in the Haryana Electrical Inspectorate (Group‑A) Service. The service rules required a degree or diploma in Electrical Engineering from a recognised university or its equivalent. The appellants held diplomas issued by the State Board of Technical Education, which t…
BARAT FRITZ WERNER LTD.versusSTATE OF KARNATAKA
2001 INSC 682 February 2001Dismissed
The Supreme Court examined a Karnataka Government notification issued under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970 that prohibited the employment of contract labour in industrial canteens of factories employing 250 or more workers. The petitioners argued that canteen work is not part of th…
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPARTMENT, MADRASversusSMT. P.S. SETHURATHINAM
1999 INSC 322 February 1999Case Partly allowed
The Deputy Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Department modified a scheme of the Sri Bhavani Amman Temple under Section 45(3) of the Act, which the Madras High Court held to be beyond his jurisdiction because the scheme had been framed by a civil court under Section 64(5) and Sect…
UNION OF INDIA AND ORS.versusM. LEPDON AO AND ORS.
2001 INSC 4731 October 2001Appeal(s) allowed
Five Group B, C and D government employees posted in Nagaland claimed they were entitled to rent‑free furnished accommodation, which was not provided, and therefore sought compensation in lieu of such accommodation (licence fee and House Rent Allowance). The Central Administrative Tribunal allowed the claim, relying on…
RAJ KUMARversusRAMESHCHAND AND ORS.
1999 INSC 4531 October 1999Appeal(s) allowed
Raj Kumar, a mentally retarded owner of premises, filed an eviction petition through his father who was appointed as his guardian and next friend under Order 32, Rule 1 read with Rule 15 of the CPC. The rent‑control authority dismissed the petition and the appellant sought a civil revision. The High Court set aside the…
N.D. JAYAL AND ANR.versusUNION OF INDIA AND ORS.
2003 INSC 4381 September 2003Disposed 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 families. The Gover…
MYSORE MINERALS LTD., M.G. ROAD, BANGALOREversusCOMMISSIONER OF INCOME TAX, KARNATAKA, BANGALORE
1999 INSC 3761 September 1999Appeal(s) allowed
Mysore Minerals Ltd., a private limited company, purchased seven low‑income houses from the Karnataka Housing Board, made part payment, received allotment and possession, but the deed of conveyance was not executed. The company claimed depreciation under Section 32(1) of the Income‑Tax Act, 1961 for the assessment year…