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S RAJENDRA BABU

409 judgments · newest first · showing 201–400

MS. NEELU ARORA AND ANR.versusUNION OF INDIA AND ORS.

2002 INSC 45Dismissed

The petitioners, Ms. Neelu Arora and others, sought a third round of counselling for MBBS/BDS seats under the 15% All‑India quota, arguing that many seats remained vacant after the first two rounds and that candidates might vacate allotted seats for preferred state‑quota seats. The respondents, …

STATE OF PUNJABversusRAGHBIR CHAND SHARMA AND ANR.

2001 INSC 535Appeal(s) allowed

The State of Punjab issued a notification for the post of Assistant Advocate General and prepared a select panel of three candidates. The first candidate accepted the offer, was appointed, and later resigned; the second candidate declined the appointment. The State then appointed the second …

PARMESHWAR PRASADversusUNION OF INDIA AND ORS.

2001 INSC 536Dismissed

Parmeshw ar Prasad, a Bihar Statistical Service officer, was recommended for appointment to the IAS cadre by selection under the IAS (Appointment by Selection) Regulations, 1956. The State Scrutiny Committee failed to hold meetings for short‑listing candidates for 1994‑95 and 1995‑96, and in 1996 …

M/S. MURUDESHWARA CERAMICS LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.

2001 INSC 505Disposed 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 …

STATE OF PUNJABversusDAYANAND MEDICAL COLLEGE AND HOSPITAL AND ORS.

2001 INSC 502Appeal(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 …

TARIQ ISLAMversusALIGARH MUSLIM UNIVERSITY AND ORS.

2001 INSC 494Appeal(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 …

INDIAN OVERSEAS BANKversusINDIAN OVERSEAS BANK OFFICERS ASSOCIATION AND ANR.

2001 INSC 482Appeal(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 …

CHAIRMAN AND MANAGING DIRECTOR, INDIAN AIRLINESversusBINOD KUMAR SINHA AND ORS.

2001 INSC 483Appeal(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, …

UNION OF INDIAversusASHUTOSH KUMAR SRIVASTAVA AND ANR.

2001 INSC 478Appeal(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 …

UNION OF INDIA AND ORS.versusM. LEPDON AO AND ORS.

2001 INSC 473Appeal(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 …

HARSH DHINGRAversusSTATE OF HARYANA AND ORS,

2001 INSC 469Appeal(s) allowed

The case concerned allotments of land under the discretionary quota of the Haryana Urban Development Authority Act, 1988, Section 30. The Punjab & Haryana High Court had earlier laid down principles for such allotments in S.R. Dass (1988) and later in Anil Sabharwal (1997) introduced new principles, …

SMT. VINITHA ASHOKversusLAKSHMI HOSPITAL AND ORS.

2001 INSC 457Dismissed

The appellant, Vinitha Ashok, filed a consumer complaint alleging medical negligence after losing her uterus during a termination of pregnancy at Lakshmi Hospital. She claimed the doctors performed an unnecessary MTP without ultrasonography, used an improper cervical dilatation device, and failed to …

VERIGAMTO NAVEENversusGOVERNMENT OF ANDHRA PRADESH AND ORS.

2001 INSC 447Case Partly allowed

The State of Andhra Pradesh had granted mining leases to its corporation and, with its permission, sub‑leases to private parties. The State later withdrew permission for the sub‑leases, leading the sub‑lessees to file writ petitions alleging illegal cancellation and seeking compensation. The High …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusV.S.R. MURTHY AND ORS.

2001 INSC 448Dismissed

During BIFR proceedings, the Andhra Pradesh Government placed 1,486 surplus employees of Hyderabad Allwyn Ltd. in various government departments and super‑numerary posts, a scheme later sanctioned by BIFR in 1994. Subsequently, the State enacted an ordinance and the 1997 Andhra Pradesh Absorption …

DWARKA PRASAD TIWARIversusM.P. STATE ROAD TRANSPORT CORPORATION AND ANR.

2001 INSC 442Dismissed

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) …

KANHAIYALAL AGRAWAL AND ORS.versusTHE FACTORY MANAGER, GWALIOR SUGAR CO. LTD.

2001 INSC 443Dismissed

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 …

DR. BHANU PRASAD PANDAversusTHE CHANCELLOR, SAMBALPUR UNIVERSITY AND ORS.

2001 INSC 440Dismissed

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 …

NATIONAL HYDROELECTRIC POWER CORPORATION LTD.versusSHRI BHAGWAN AND ANR.

2001 INSC 437Appeal(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 …

K.L. NANDAKUMARAN NAIRversusK.I. PHILIP AND ORS.

2001 INSC 435Appeal(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 …

HUSSAN MITHU MHASVADKARversusBOMBAY IRON AND STEEL LABOUR BOARD AND ANR.

2001 INSC 432Dismissed

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 …

AELTEMESH REINversusSUPREME COURT OF INDIA

2001 INSC 420Dismissed

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 …

DR. PRACHI ALMEIDAversusDEAN, GOA MEDICAL COLLEGE AND ORS.

2001 INSC 421Case 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 …

STATE OF WEST BENGALversusM.R. MONDAL AND ANR.

2001 INSC 423

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 …

TAMIL NADU WAKF BOARDversusHATHIJA AMMAL (DEAD) BY LRS. ETC. ETC.

2001 INSC 411Dismissed

The Tamil Nadu Wakf Board filed nine suits seeking possession of properties it claimed were public wakf, based on a 19th‑century deed. The defendants argued that the properties were not listed in the Wakf Board's notification under Section 5(2) of the Wakf Act, 1954, and had been sold in revenue …

SMITA CONDUCTORS LTD.versusEURO ALLOYS LTD.

2001 INSC 417Dismissed

Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a …

NILANGSHU BHUSHAN BASU ETC.versusDEB K. SINHA AND ORS. ETC.

2001 INSC 418Appeal(s) allowed

The Calcutta Municipal Corporation needed to fill the post of Chief Municipal Engineer (Civil) and selected Nilangshu Bhushan Basu by direct recruitment in consultation with the State Public Service Commission, as permitted by the Calcutta Municipal Corporation Act, 1980 and the 1985 Rules. The …

STATE OF ANDHRA PRADESH AND ORS.versusNALLAMILLI RAMI REDDI AND ORS.

2001 INSC 404Appeal(s) allowed

The Supreme Court examined the constitutional validity of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which cancels all agricultural leases of lands held by charitable or religious institutions except those of "landless poor" persons. The …

UNION OF INDIA AND ORS.versusAVTAR SINGH AND ORS.

2001 INSC 405Appeal(s) allowed

Brigadier Avtar Singh (Respondent) had adverse remarks recorded in his Annual Confidential Reports (ACRs) for 1990-91 and 1991-92, which were partially expunged on appeal. He was empanelled for promotion to Major General in April 1995 but, due to the absence of a vacancy, retired as a Brigadier in …

DENTAL COUNCIL OF INDIA AND ANR.versusHARI PRAKASH AND ORS.

2001 INSC 406Appeal(s) allowed

Dr. S, a professor at AIIMS, was a member of the Dental Council under Section 3(d) of the Dentists Act, 1948. After his retirement, AIIMS nominated Har! Prakash to fill the vacancy, but the Council terminated his membership, holding that AIIMS was not a "University established by law" and thus could …

MEDICAL COUNCIL OF INDIAversusSARANG AND ORS.

2001 INSC 402Disposed off

A medical student (respondent No.1) applied to migrate from a college in New Mumbai to a college in Aurangabad on medical grounds. The Medical Council of India (MCI) allowed the migration subject to Regulation 6(5) of its 1997 Graduate Medical Education Regulations, which requires the student to …

PUNJAB UNIVERSITYversusV.N. TRIPATHI AND ANR.

2001 INSC 403Appeal(s) allowed

The Punjab University filed appeals against trial court judgments in suits brought by Dr. V.N. Tripathi and Shimla Devi, with the University’s Registrar acting as the appellant. The respondents contended that the Registrar lacked authority to file the appeals without a prior resolution of the …

T.I. CYCLES OF INDIA, AMBATTURversusM.K. GURUMANI AND ORS.

2001 INSC 392Appeal(s) allowed

Workmen who retired from T.I. Cycles of India claimed that incentive wages paid for extra work should be treated as "wages" under Section 2(s) of the Payment of Gratuity Act, 1972 and thus be included in the calculation of gratuity under Section 4(2). The Controlling Authority and the Madras High …

BHARAT BHAWAN TRUSTversusBHARAT BHAWAN ARTISTS ASSOCIATION AND ANR.

2001 INSC 387Appeal(s) allowed

The Bharat Bhawan Trust, a statutory body created to promote art and culture, engaged a group of artists for drama production and theatre management. The artists later raised a dispute before the Labour Court, to which the Trust objected on the preliminary ground that it was not an "industry" and …

COMMISSIONER OF CENTRAL EXCISE, MEERUTversusM/S. KISAN SAHKARI CHINNI MILLS LTD.

2001 INSC 384Dismissed

The Uttar Pradesh government imposed administrative charges on molasses sold by sugar factories under Section 8(4) of the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964. The Commissioner of Central Excise held that these charges should be included in the assessable value of molasses under the …

MCDversusVEENA AND ORS.

2001 INSC 363Appeal(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 …

INDER JIT GUPTA AND ORS.versusUNION OF INDIA AND ORS

2001 INSC 364Dismissed

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 …

PRE P.G. MEDICAL SANGARSH COMMITTEE AND ANR.versusDR. BAJRANG SONI AND ORS.

2001 INSC 365Dismissed

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 …

M.S. V. RAJA AND ANR.versusSEENI THEVAR AND ORS.

2001 INSC 366Directions 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 …

TAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARDversusM.S. KRISHNASWAMY AND ORS.

2001 INSC 358Dismissed

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 …

VICCO LABORATORIES AND ANR.versusART COMMERCIAL ADVERTISING PVT. LTD. AND ORS.

2001 INSC 359Dismissed

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 …

UNION OF INDIAversusM/S SHATABADI TRADING AND INVESTMENT PVT. LTD. AND ORS

2001 INSC 354Appeal(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 …

A.C. ARULAPPAN .versusSMT. AHALYA NAIK

2001 INSC 355Disposed 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 …

U.P. SUNNI CENTRAL BOARD OF WAKFSversusMAZHAR HASAN AND ORS.

2001 INSC 351Appeal(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 …

P.C. JOSHIversusSTATE OF U.P. AND ORS.

2001 INSC 349Appeal(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 …

SALKIA BUSINESSMEN'S ASSOCIATION AND ORS.versusHOWRAH MUNICIPAL CORPROATION AND ORS.

2001 INSC 350Appeal(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 …

APPROPRIATE AUTHORITY AND ANR.versusKAILASH SUNEJA AND ANR.

2001 INSC 345Dismissed

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 …

TEKI VENKATA RATNAM AND ORS .versusDY. COMMISSIONER, ENDOWMENT AND ORS.

2001 INSC 347Dismissed

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. …

UNION OF INDIA AND ANR.versusM/S. CHIRANJI ESTATE (P) LTD. AND ANR.

2001 INSC 348Dismissed

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 …

ARVIND KUMAR KANKANEversusSTATE OF U.P. AND ORS.

2001 INSC 339Dismissed

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 …

CHRIST THE KING CATHEDRALversusJOHN ANCHERIL AND ANR.

2001 INSC 307Appeal(s) allowed

The Kerala Government issued two notifications under Section 25 of the Kerala Buildings (Land and Rent Control) Act, 1965 exempting buildings belonging to churches, mosques, dioceses, monasteries, convents, wakfs and madrasas from the Act's rent‑control and eviction provisions. The Kerala High Court …

SAVANI ROADLINESversusSUNDARAM TEXTILES LTD. AND ANR.

2001 INSC 296Appeal(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 …

UNIPLY INDUSTRIES LTD.versusUNICORN PLYWOOD PVT. LTD.

2001 INSC 240Disposed off

Uniply Industries Ltd. and Unicorn Plywood Pvt. Ltd. both used the marks "Uniply" and "Uniboard" for plywood products. The appellant sought an ex parte temporary injunction against the respondent, which was initially granted, but the respondent later claimed prior use of the marks dating back to …

SRI SINGAM CHETTY ATTENDROOLOO AND ORS.versusTHE STATE OF TAMIL NADU AND ORS.

2001 INSC 228Dismissed

In 1899 a deed of settlement was executed containing donations of both religious and secular character (list E). The Hindu Religious and Charitable Endowments Board, invoking Section 77 of the Hindu Religious and Charitable Endowments Act, 1927, ordered that fifty per cent of the trust's income be …

NATIONAL JUTE MANUFACTURERS CORPORATION LTD.versusKATIHAR MAZDOOR SANGH AND ORS.

2001 INSC 206Dismissed

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 …

ALL INDIA SC AND ST EMPLOYEES ASSN. AND ANRversusA. ARTHUR JEEN AND ORS.

2001 INSC 207Dismissed

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 …

BANK OF. INDIAversusSECRETARY, BANK OF INDIA STAFF UNION AND ANR .

2001 INSC 195Appeal(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 …

E.L.D. PARRY (I) LTDversusG. OMKAR MURTHY AND ORS.

2001 INSC 179Dismissed

The respondents, former employees of E.I.D. Parry (I) Ltd., retired under a voluntary scheme in 1984 and received gratuity under the Payment of Gratuity Act, 1972. Because their monthly wages exceeded Rs 1,000, they were not covered by the definition of "employee" in Section 2(e) of the Central Act, …

HANUMAN PRASAD BAGRI AND ORS.versusBAGRESS CEREALS PVT. LTD. AND ORS.

2001 INSC 180Dismissed

A petition under Sections 397 and 398 of the Companies Act, 1956 was filed by several shareholders alleging oppression and mismanagement, including the illegal removal of a director and unfair share valuation. The Company Judge found the grievance legitimate, ordered the petitioners to sell their …

RAJA RAM MAIZE PRODUCTSversusINDUSTRIAL COURT OF M.P. AND ORS.

2001 INSC 159Dismissed

The employer (Raja Ram Maize Products) directed workmen to resume duties after a strike, but refused to let them work. The workmen filed applications under the Madhya Pradesh Industrial Relations Act seeking a direction to be allowed to resume work and claim wages. The employer contended that the …

WORKMEN REPRESENTED BY AKHIL BHARTIYA KOYLA KAMGAR UNIONversusEMPLOYERS IN RELATION TO THE MANAGEMENT OF INDUSTRY COLLIERY OF M/S BHARAT COKING COAL LTD AND ORS

2001 INSC 160Appeal(s) allowed

The workmen of a coking coal colliery were retrenched in June 1971 before the mine was taken over by the Central Government and nationalised under the Coking Coal Mines (Nationalisation) Act, 1972. After nationalisation, the new management, Bharat Coking Coal Ltd., refused to re‑employ the 111 …

K.D. INDUSTRIESversusBIHAR STATE ELECTRICITY BOARD AND ORS.

2001 INSC 161Appeal(s) allowed

The Bihar Government’s 1995 Industrial Policy, under Section 78‑A of the Electricity Supply Act, 1948, granted exemption from minimum guarantee charges to new industrial units with a connected load up to 500 kVA. The Bihar State Electricity Board (BSEB) issued a resolution to implement this …

S.S. AHLUWALIAversusUNION OF INDIA AND ORS.

2001 INSC 150Disposed off

Following the assassination of Prime Minister Indira Gandhi in 1984, communal riots resulted in the deaths of thousands of Sikhs across several states. The Delhi High Court awarded compensation to the dependents of those killed in Delhi, invoking the expanded interpretation of Article 21 of the …

ZAHID HUSSEIN AND ORS.versusSTATE OF WEST BENGAL AND ANR.

2001 INSC 147Case Allowed

Four life convicts who had served more than 18 years (over 24 years including remission) filed writ petitions under Article 32 challenging the State Government's refusal to grant them premature release. The petitioners argued that, under Rule 591(29)(4) of the West Bengal Rules for Superintendence …

TATA CONSULTANCY SERVICESversusSTATE OF ANDHRA PRADESH

2001 INSC 139Disposed 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 …

STATE OF GUJARATversusUMEDBHAI M. PATEL

2001 INSC 123Dismissed

The respondent, an Executive Engineer in Gujarat, was suspended pending disciplinary proceedings and was compulsorily retired under Rule 161(1)(i)(aa) of the Bombay Civil Services Rules, 1959. The High Court set aside the retirement order, holding it punitive because it was passed without a …

COMMISSIONER OF INCOME TAX, MUMBAIversusBHUPEN CHAMPAK LAL DALAL AND ANR. ETC.

2001 INSC 124

Criminal proceedings under the Income‑Tax Act were instituted against the respondents while appeals against the income‑tax assessments were pending before the Income‑Tax Appellate Tribunal. The respondents sought a stay of the criminal case, which was granted by the Metropolitan Magistrate, affirmed …

M/S. DAMODAR MANGALJI AND CO. ETC.versusTHE REGIONAL DIRECTOR

2001 INSC 125Dismissed

The mining company Damodar Mangalji & Co. challenged a 1977 notification issued by the Government of Goa, Daman & Diu under the Employees' State Insurance Act, 1948, arguing that the Act should not apply to mining establishments because the term "mine" should be limited to the ore‑extraction site …

CLARENCE PAIS AND ORSversusUNION OF INDIA

2001 INSC 110Dismissed

The petitioners, Indian Christians, challenged the constitutionality of Section 213(2) of the Indian Succession Act, 1925, as amended by the Kerala Amendment Act, 1986, arguing that the compulsory probate requirement applied only to Christians and was discriminatory. Two writ petitions (C No. 137 of …

BHARAT COKING COAL LTD.versusM/S I.K. AHUJA AND CO.

2001 INSC 102Disposed off

Bharat Coking Coal Ltd. awarded two construction contracts to L.K. Ahuja & Co. which later led to disputes and were referred to a sole arbitrator, M.P. Sharma, a former officer of the employer. The arbitrator issued hybrid awards that largely relied on joint statements but decided only the …

CIPLA LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.

2001 INSC 100

Cipla Ltd employed cleaning staff through a contractor and routinely terminated them after eleven months to avoid granting permanent status. The Maharashtra General Kamgar Union filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices …

UP STATE ELECTRICITY BOARDversusSEARSOLE CHEMICALS LTD.

2001 INSC 103Dismissed

The Uttar Pradesh State Electricity Board entered into a contract with Searsole Chemicals Ltd for continuous 24‑hour electricity supply, with a proviso exempting the Board from liability for interruptions caused by accidents, government orders, strikes, etc. A dispute arose and, under the contract’s …

BUDDHI NATH CHAUDHARY AND ORS.versusABAHI KUMAR AND ORS.

2001 INSC 104Appeal(s) allowed

The appellants were selected by the Bihar Public Service Commission as Motor Vehicle Inspectors under recruitment rules that required specific technical qualifications and years of practical experience. Several writ petitions challenged their appointments on the ground that the candidates lacked the …

ALPIC FINANCE LTD.versusP. SADASIVAN AND ANR.

2001 INSC 94Dismissed

Alpic Finance Ltd., a non‑banking financial company, financed Rs 92.5 million for the purchase of 100 dental chairs for a trust run by the respondents under a lease‑hire purchase agreement. The respondents defaulted on rental instalments and some chairs were found missing, prompting Alpic to file a …

INDIAN BANKS ASSOCIATIONversusWORKMEN OF SYNDICATE BANK AND ORS.

2001 INSC 85Dismissed

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 …

STAR CONSTRUCTION AND TRANSPORT CO. AND ORS.versusTHE INDIA CEMENTS LTD.

2001 INSC 84Dismissed

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 …

ABHINAV AGGARWAL AND ANR.versusUNION OF INDIA AND ORS.

2001 INSC 81Dismissed

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 …

RITONA CONSULTANCY PVT. LTD. AND ORS. ETE. ETC.versusLOHIA JUTE PRESS AND ORS. ETC.

2001 INSC 69Disposed 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 …

O.P. LATHER AND ORS.versusSATISH KUMAR KAKKAR AND ORS.

2001 INSC 67Appeal(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 …

BARAT FRITZ WERNER LTD.versusSTATE OF KARNATAKA

2001 INSC 68Dismissed

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 …

INTERNATIONAL CONSTRUCTION COMPANY ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

2001 INSC 62Dismissed

The Supreme Court considered two contracts awarded in 1977 for earthwork and aqueduct construction in Andhra Pradesh. The contractors claimed reimbursement for losses caused by a cyclone in November 1977 and floods in June 1978, but their claim letters did not comply with Clause 83 of the contract, …

INLAND STEAM NAVIGATION WORKS' UNIONversusUNION OF INDIA AND ORS.

2001 INSC 63Case Partly allowed

The River Steam Navigation Co. Ltd., operating a river service with about 8,000 employees, suffered heavy losses during the 1965 armed conflict with Pakistan and entered into a scheme of arrangement with the Central Inland Water Transport Corporation (CIWTC) that transferred assets but not the …

BOSE ABRAHAM ETC.versusSTATE OF KERALA AND ANR.

2001 INSC 64Dismissed

The Kerala Tax on Entry of Motor Vehicles into Local Areas Act imposes a tax on any motor vehicle that enters a local area for use or sale and is liable for registration under the Motor Vehicles Act, 1988. Petitioners Bose Abraham and others challenged the tax's applicability to excavators and road …

PARADIP PORT TRUST AND ORS. ETC.versusUNIQUE BUILDERS ETC.

2001 INSC 50Case Partly allowed

Paradip Port Trust entered into a scrap‑sale agreement with Unique Builders that contained an arbitration clause. Disputes were referred to an arbitrator who awarded a lump‑sum of Rs 8,51,315 with interest, without giving reasons and based solely on documentary evidence. The Sub‑Judge set aside the …

BABUA@ TAZMUL HOSSAINversusTHE STATE OF ORISSA

2001 INSC 51Dismissed

The petitioner, Babua, was charged under the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly abetting a conspiracy to possess and sell cannabis and other drugs. The charge was based on statements of a co‑accused who said Babua worked for the alleged drug dealer. The petitioner …

UNION OF INDIA AND ORS.versusMUNEESH SUNEJA

2001 INSC 52Appeal(s) allowed

The Enforcement Directorate searched the respondent’s residence and recovered cash, gold biscuits and foreign currency, leading to his arrest and later bail. A detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973 was issued, …

M/S LAKSHMANI STONE PRODUCTS AND ORS.versusUNION OF INDIA AND ORS.

2001 INSC 53Dismissed

The appellants, Lakshmani Stone Products, operated stone quarries and performed crushing of stones. They challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, arguing that no notification under Section 4 had listed stone quarries in the Schedule, and …

M/S. L AND T MC NEILL TD. ETC. ETCversusGOVERNMENT OF TAMIL NADU

2001 INSC 55Case Allowed

The Government of Tamil Nadu issued a notification under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 prohibiting the use of contract labour for sweeping and scavenging in establishments employing fifty or more workers. Mis. Landt Mc Neil Ltd. challenged the notification, …

U.P. POLLUTION CONTROL BOARD AND ORS.versusKANORIA INDUSTRIAL LTD. AND ANR.

2001 INSC 46Dismissed

The respondents, owners of sugar and distillery units, were levied water cess under the Water (Prevention and Control of Pollution) Cess Act, 1977 and paid it under protest. After the Supreme Court in Saraswati Sugar Mills v. Haryana State Board held that sugar industries were not covered by Entry …

UPDESH KUMARversusPRITHVI SINGH AND ORS.

2001 INSC 36Dismissed

The Indian Oil Corporation (IOC) invited applications for retail outlet dealerships, requiring applicants to be between 21 and 50 years old. Prithvi Singh was selected, but a rival candidate alleged he was under 21, leading to cancellation of his letter of intent. Singh produced a birth certificate …

MANOJI RAOversusT. KRISHNA AND ORS.

2001 INSC 22Dismissed

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 …

VIVIDH KAMGAR SABHAversusKALYANI STEELS LTD. AND ANR.

2001 INSC 12Dismissed

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 …

PIPAL SINGH ETCversusSTATE OF PUNJAB

2000 INSC 589Dismissed

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 …

INDIAN AIRLINES LTD. AND ORS.versusS. GOPALAKRISHNAN

2000 INSC 590Appeal(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 …

J.K. SYNTHETICSversusRAJASTHAN TRADE UNION KENDRA AND ORS.

2000 INSC 591Disposed 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 …

R. DURAISWAMY AND ORS.versusDIRECTOR OF SCHOOL EDUCATION AND ORS.

2000 INSC 592Dismissed

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 …

KHATEMA FIBRES LTD.versusSTATE OF UTTAR PRADESH AND ANR.

2000 INSC 593Disposed 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 …

VST INDUSTRIES LTD.versusVST INDUSTRIES WORKERS UNION AND ANR. ETC.

2000 INSC 578Dismissed

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, …

RUTH SORENversusMANAGING COMMITTEE, EAST I.S.S.D.A. AND ORS.

2000 INSC 555Dismissed

Ruth Soren, a former employee of an educational institution, was terminated and filed an application under Section 26(2) of the Bihar Shops and Establishments Act, 1953 before the Labour Court seeking reinstatement. The Labour Court ordered her reinstatement, but the institution appealed, contending …

CALCUTTA ELECTRIC SUPPLY CORPN. LTD.versusSHEW KR. SINGH AND ORS.

2000 INSC 556Dismissed

The Supreme Court considered an appeal by Calcutta Electric Supply Corp. Ltd against a High Court order that had upheld a Tribunal’s decision rejecting a workman’s application for interpretation of clause 15 of the company’s Certified Standing Order of 1953. Clause 15 dealt with misconduct involving …

BOROSIL GLASS WORKS LTD. EMPLOYEES' UNIONversusD.D. BAMBODE AND ORS.

2000 INSC 557Appeal(s) allowed

The Borosil Glass Works Ltd. Employees' Union, a registered trade union, rejected the joint membership application of D.D. Bambode and others because the applications did not follow the union's procedure. Bambode filed a complaint under Section 28(1A) of the Trade Unions Act, 1926, seeking a consent …

DISTT. MANAGER, APSRTC, VIJAYAWADAversusK. SIVAJI AND ORS.

2000 INSC 558Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (APSRTC) employed workers who claimed wages for work performed on holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and Other Holidays) Act, 1974. APSRTC contended that Section 11(1)(c) of that Act excluded …

M/S BALLARPUR INDUSTRIES LTD.versusSTATE OF ORISSA AND ORS.

2000 INSC 546Disposed off

The respondent, a Chief Welfare Officer, was terminated on 15‑12‑1981, appealed and was reinstated by the State Government, but was not paid his arrears because the corporation was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985. The BIFR sanctioned a scheme on …

ISHWAR SWAROOP SHARMAversusJAGMOHAN LAL

2000 INSC 541Dismissed

The landlord, Ishwar Swaroop Sharma, let a shop to Jagmohan Lal on a monthly basis, with the rent increased to Rs 200 in 1976 and documented by an endorsement. In 1989 Sharma applied under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for fixation of fair rent. The Rent …

CHRISTIAN MEDICAL COLLEGEversusEMPLOYEES STATE INSURANCE CORPORATION

2000 INSC 539Dismissed

The Christian Medical College, a hospital, operates an Equipment Maintenance Department with 45 workers that repairs and maintains medical equipment. The Employees' State Insurance Corporation (ESIC) issued a notice that the department fell within Section 2(12) of the Employees' State Insurance Act, …

M/S. SCOOTERS INDIA LTD.versusM. MOHAMMAD Y AQUB AND ANR.

2000 INSC 535Dismissed

M. Mohammad Yaqub, employed by Scooters India Ltd., was removed from the company's rolls on 1 August 1976 under Standing Order 9.3.12, which deemed a worker absent for more than ten consecutive days as having left the service. He raised an industrial dispute; the Labour Court held that his removal …

STATE BANK OF INDIAversusRAM CHANDRA DUBEY AND ORS.

2000 INSC 520Appeal(s) allowed

The Central Government referred a dispute under Section 10 of the Industrial Disputes Act, 1947 to an Industrial Tribunal to determine whether the termination of 26 State Bank of India employees was justified and what relief they were entitled to. The Tribunal awarded reinstatement but was silent on …

M/S. SUNIL INDUSTRIESversusRAM CHANDER PRADHAN AND ANR.

2000 INSC 521Dismissed

Sunil Industries, a sole‑proprietor workshop shaping steel sheets, employed Ram Chander Pradhan as a press operator. While operating a press, Pradhan suffered injuries to his right index finger and thumb, leading to amputation of part of the finger. He filed a claim under the Workmen's Compensation …

M/S. KIRLOSKAR CONSULTANTS LTD.versusEMPLOYEES STATE INSURANCE CORPORATION

2000 INSC 523Dismissed

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 …

MAHAVIR SINGH AND ORS.versusNARESH CHANDRA AND ANR.

2000 INSC 510Appeal(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 …

MANAGEMENT OF MIS. INDIAN IRON AND STEEL CO. LTD.versusPRAHLAD SINGH

2000 INSC 503Appeal(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 …

BLUE STAR EMPLOYEES UNIONversusEX. OFF. PRINCIPAL SECY. TO GOVERNMENT AND ANR.

2000 INSC 460Appeal(s) allowed

During an industrial dispute, two employees were transferred and terminated and filed a complaint under Section 33‑A of the Industrial Disputes Act, alleging that the employer had not complied with the procedural safeguards of Section 33. The Industrial Tribunal awarded that the terminations were …

STATE BANK OF INDIAversusTARUN KUMAR BANERJEE AND ORS.

2000 INSC 451Appeal(s) allowed

The appellant State Bank of India dismissed its Head Cashier, T. Arun Kumar Banerjee, after a domestic enquiry found him guilty of misappropriating Rs.1,000 received in excess from a customer. The Central Industrial Tribunal set aside the dismissal, relying on the non‑examination of the customer, …

UNION OF INDIA AND ORS.versusARVIND SHERGILL AND ANR.

2000 INSC 442Appeal(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 …

LIFE CONVICT LAXMAN NASKARversusSTATE OF WEST BENGAL AND ANR.

2000 INSC 429Appeal(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 …

A.P. STATE FINANCIAL CORPORATIONversusOFFICIAL LIQUIDATOR

2000 INSC 389Dismissed

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 …

UTTAM SINGH DUGAL AND CO. LTD.versusUNITED BANK OF INDIA AND ORS.

2000 INSC 380Dismissed

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 …

M/S. HARI FERTILIZERS ETC.versusSTATE OF U.P. AND ORS.

2000 INSC 360Dismissed

The appellant company terminated several workmen in 1985 and later closed its factory in 1988‑89, terminating seven additional workmen. A settlement agreement was executed on 19 October 1989 between the company and the trade union, covering disputes of the seven workmen terminated due to the …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusRAM RAKHI

2000 INSC 359Case Partly allowed

The respondent, a widowed sister of a deceased employee of the Punjab State Electricity Board, filed a suit for a mandatory injunction to obtain family pension, GPF, gratuity and other benefits. The trial court decreed in her favour and the High Court affirmed, holding that a widowed sister is a …

BRAJA KISHORE JAGDEVversusLINGRAJ SAMANTARAY AND ORS.

2000 INSC 363Appeal(s) allowed

The respondents claimed to be hereditary trustees of the Sri Sidha Baladev temple, asserting that they had acted as marfatdars since the founder's time and were recognized as such by revenue authorities. They sought a scheme under Section 42 of the Orissa Hindu Religious Endowments Act, 1951, which …

THE FACTORY MANAGER CIMMCO WAGON FACTORYversusVIRENDRA KUMAR SHARMA AND ANR.

2000 INSC 353

The respondent, Virendra Kumar Sharma, worked as an apprentice for CIMMCO Wagon Factory and received a stipend of Rs.250 per month, with a contractual clause stating the company had no obligation to employ him after training. No appointment letter or salary was ever paid, and letters recommending …

M?S HINDUSTAN SHIPYARD LTD.versusSTATE OF ANDHRA PRADESH

2000 INSC 342Dismissed

Hindustan Shipyard Ltd., a public sector shipbuilder, challenged the assessment of sales tax on contracts for building ships, arguing that the contracts were works contracts under Section 2(t) of the Andhra Pradesh General Sales Tax Act, 1957. The State of Andhra Pradesh contended that the contracts …

KERALA STATE ELECTRICITY BOARD AND ANR.versusKURIEN E. KALATHIL AND ORS.

2000 INSC 341Case Partly allowed

The Kerala State Electricity Board entered into a contract with contractor Kurien E. Kalathil for dam construction. After a 1983 government notification raised minimum wages, the Board paid labour‑escalation amounts to the contractor until December 1984, but stopped payments from January 1985, …

GHAZIABAD DEVELOPMENT AUTHORITY ETC. ETC.versusUNION OF INDIA AND ANR.

2000 INSC 331

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 …

HINDUSTAN AERONAUTICS LTD.versusCOMMISSIONER OF INCOME TAX KARNATAKA-I, BANGALORE

2000 INSC 319Dismissed

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 …

JT. REGISTRAR OF COOPERATIVE SOCIETIES, KERALAversusT.A. KUTTAPPAN AND ORS. ETC.

2000 INSC 307Dismissed

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 …

STATE OF RAJASTHANversusHARPHOOL SINGH (DEAD) THROUGH HIS LRS.

2000 INSC 285Appeal(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 …

DR. PARAG GUPTA ETC.versusUNIVERSITY OF DELHI AND ORS

2000 INSC 256Case Partly allowed

The petitioners, MBBS graduates admitted under the 15% All‑India quota, challenged the differing reservation criteria adopted by various states for postgraduate medical seats, arguing that they were denied admission both in the state where they studied (Tamil Nadu) and their home state (Delhi). The …

ASGAR S. PATEL AND ORS.versusUNION OF INDIA AND ORS.

2000 INSC 244Dismissed

The appellants, six purchasers of a flat, paid Rs 4,55,000 as earnest money under a sale agreement and later faced a compulsory purchase of the property by the Central Government under Chapter XX‑C of the Income‑Tax Act, 1961. The Appropriate Authority released the consideration to the vendor and …

DENA BANKversusBHIKHABHAI PRABHUDAS PAREKH AND CO. AND ORS.

2000 INSC 245Dismissed

Dena Bank had taken a mortgage over the property of the partnership firm Mis Bhikhabhai Prabhudas Parekh & Co. and its partners. While the suit was pending, the State of Karnataka attached and auctioned the mortgaged property to recover arrears of sales tax. The trial court granted a decree to the …

D.K. JOSHIversusSTATE OF U.P. AND ORS.

2000 INSC 246Appeal(s) allowed

The appellant filed a public‑interest writ petition in the Allahabad High Court seeking a mandamus directing the State of Uttar Pradesh to take action against unqualified and unregistered medical practitioners operating in Agra district. The High Court dismissed the petition on the ground that the …

V.H. PATEL AND COMPANY AND ORS.versusHIRUBHAI HIMABHAI PATEL AND ORS.

2000 INSC 222Dismissed

The partnership firm V.H. Patel & Co. and its members sued former partner H.H. Patel for declaration that a retirement deed was void and for injunction against his use of three trademarks. The parties entered a consent order referring all disputes arising from the partnership agreement, retirement …

DAL-ICHI KARKARIA LTD.versusUNION OF INDIA AND ORS.

2000 INSC 215Appeal(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, …

COLLECTOR OF CENTRAL EXCISE, BARODAversusUNITED PHOSPHORUS LTD.

2000 INSC 203Dismissed

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 …

COMMISSIONER OF SALES TAX, M.P.versusPOPULAR TRADING COMPANY, UJJAIN

2000 INSC 194Appeal(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 …

STATE OF ANDHRA PRADESHversusMANJETI LAXMI KANTHA RAO (DEAD) BY LRS. AND ORS.

2000 INSC 186Dismissed

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 …

COMMISSIONER OF TRADE TAX, U.P.versusM/S. UPPER DOAB SUGAR MILLS LTD.

2000 INSC 146Appeal(s) allowed

The Uttar Pradesh Sales Tax (Amendment) Act, 1995 amended sections 3‑A and 4 of the U.P. Sales Tax Act, 1948 to make the turnover of rectified and denatured spirit taxable. The Trade Tax Tribunal had earlier held such turnover non‑taxable for assessment years 1974‑75 to 1983‑84. The Revenue filed …

HASAN KHAN IBNE HAIDER KHANversusR.H. MENDNOCA AND ORS.

2000 INSC 139Dismissed

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 …

COMMISSIONER OF SALES TAX, U.P.versusM/S. LAL KUNWA STONE CRUSHER (P) LTD. ETC

2000 INSC 140Dismissed

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 …

DILIPversusMOHD. AZIZUL HAQ AND ANR.

2000 INSC 141Appeal(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 …

MASUMSHA HASANASHA MUSALMANversusSTATE OF MAHARASHTRA

2000 INSC 99Appeal(s) allowed

The appellant was accused of stabbing the deceased, a Scheduled Caste member, with a dagger, resulting in death. The trial court convicted him of culpable homicide not amounting to murder under Section 304 Part II IPC and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The High …

KALLIKATT KUNHUversusSTATE OF KERALA

2000 INSC 100Appeal(s) allowed

The appellant was convicted of murder under Section 302 IPC for stabbing the deceased with a dagger. The prosecution's case relied on eyewitness testimony that the appellant drew a dagger and inflicted fatal injuries, while the defence argued that the dagger was found enclosed in a sheath and bore …

STATE OF ORISSAversusSUDHAKAR DAS (DEAD) BY LRS.

2000 INSC 94Disposed off

The State of Orissa appealed a decree based on an arbitration award made against the estate of the late Sudhakar Das. The arbitration agreement lacked an escalation clause, and the arbitrator had awarded escalation charges, pendente‑lite interest, and interest for the pre‑reference period. The …

MOHD. ABUBAKKAR SIDDIQUEversusMUSTAFA SHAHIDUL ISLAM AND ORS.

2000 INSC 22Appeal(s) allowed

Mohammed Idris Ali filed an election petition challenging the 1996 election of Mustafa Shahidul Islam to the Assam Legislative Assembly. He later applied to withdraw the petition under Section 109 of the Representation of the People Act, 1951, and the withdrawal notice was published in the Official …

THE CHANDIGARH ADMINISTRATION AND ORS.versusMRS. RAJNI V ALI AND ORS.

2000 INSC 14Dismissed

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 …

M/S. WESTON COMPONENTS LTD.versusCOMMISSIONER OF CUSTOMS, NEW DELHI

2000 INSC 3Dismissed

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 …

MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.

1999 INSC 507Dismissed

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 …

MUKESH KUMAR AND ORS.versusCOL. HARBANS WARAICH AND ORS.

1999 INSC 496Dismissed

The plaintiffs, Mukesh Kumar and others, entered into an agreement with the Karta of a Hindu Undivided Family (HUF) to purchase a property, but the sale deed was not executed. One of the original defendants, Ashwani Kumar, was later transposed from the defendant side to become a plaintiff. The trial …

M/S. BHOR INDUSTRIES LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY

1999 INSC 488Appeal(s) allowed

The appellant, a manufacturer of laminated textile fabrics, sought classification of its waste side strips and scrap (referred to as "foam patty") as non‑excisable items under Chapter 59 of the Customs Tariff Act. The Assistant Collector and the Appellate Authority classified the material as …

DENTAL COUNCIL OF INDIA AND ANR. ETC.versusDR. H.R. PREM SACHDEVA AND ORS. ETC.

1999 INSC 478Disposed 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 …

RAJ KUMARversusRAMESHCHAND AND ORS.

1999 INSC 453Appeal(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 …

GENERAL INSURANCE CORPORATION OF INDIAversusCOMMISSIONER OF INCOME TAX BOMBAY

1999 INSC 433Appeal(s) allowed

The General Insurance Corporation of India, a wholly government‑owned insurer, set aside a sum for redemption of preference shares and debited it to its profit and loss account in accordance with Rule 2(2)(a) of the General Insurance Business (Nationalisation) Rules, 1973. The Income‑Tax Officer …

MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.

1999 INSC 411Disposed off

Petitioners filed a writ petition under Article 32 challenging the Uttar Pradesh Government's failure to act on the Parekh Commission Report on the 1982 Meerut riots, which had been submitted in 1988. The State Cabinet eventually decided to table the report, not take any further action, and consign …

KERALA STATE ELECTRICITY BOARD AND ANR.versusVALSALA K. AND ANR. ETC. ETC.

1999 INSC 412Dismissed

The Supreme Court considered whether the 1995 amendment to Sections 4 and 4A of the Workmen's Compensation Act, 1923, which increased compensation amounts and interest rates, applied to claims arising from accidents that occurred before the amendment’s effective date of 15 September 1995. Relying on …

PADMASINGHJI BAJIRAO PATIL AND ORS. ETC. ETC.versusSTATE OF MAHARASHTRA AND ORS.

1999 INSC 413Dismissed

Padmasinhji Bajirao Patil and others challenged the constitutional validity of Section 144‑T of the Maharashtra Co‑operative Societies Act, 1960, which makes the order of the Commissioner or a specified officer in election disputes final and conclusive with no provision for appeal or revision. The …

HINDUSTAN AERONAUTICS LTD. ETC.versusREGISTERING AUTHORITY AND ORS.

1999 INSC 390Appeal(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 …

ATLAS EXPORT INDUSTRIESversusKOTAK AND COMPANY

1999 INSC 377Dismissed

Atlas Export Industries entered into a contract for the supply of groundnut extractions that incorporated by reference the GAFTA standard contract, which contained an arbitration clause mandating disputes be resolved in London under GAFTA rules. A dispute arose, arbitration was conducted in London …

MOHD. ALIversusAZAD MOHD.

1999 INSC 374Dismissed

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not …

MANJUSHREE PATHAKversusTHE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD.

1999 INSC 372Appeal(s) allowed

Manjushree Pathak, after 23 years of service with Assam Industrial Development Corporation Ltd., applied for voluntary retirement under the AIDC Voluntary Retirement Scheme, 1992, seeking immediate effect. The recommending authority approved the application, but the Managing Director failed to act …

RAM KUMAR AGGARWAL AND ANR.versusTHAWAR DAS (DEAD) THROUGH LRS.

1999 INSC 346Appeal(s) allowed

The Supreme Court examined two civil appeals arising from a dispute over a 1956 agreement to sell land and rent it, where the plaintiff sought specific performance. The High Court had set aside the trial and district court judgments, dismissed the plaintiff's suit for ejectment and decreed specific …

KALAVAKURTI VENKATA SUBBAIAHversusBALA GURAPPAGARI GURVI REDDY

1999 INSC 309Dismissed

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 …

UNION OF INDIA AND ORS.versusAPAR PRIVATE LTD. AND ORS.

1999 INSC 284Appeal(s) allowed

The respondents imported goods that were exempt from basic customs duty under a notification issued under Section 25(1) of the Customs Act when the goods entered Indian territorial waters and were stored in a bonded warehouse. When the goods were later removed from the warehouse, the exemption was …

JAIN BROTHERS AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 283Dismissed

The petitioners, Jain Brothers, who import automobile spare parts, challenged Section 3(2) of the Customs Tariff Act, 1975, on the ground that including customs duty in the valuation of imported goods for the purpose of levying an additional duty equal to excise duty was unconstitutional and ultra …

INDIAN LABOUR CO-OPERATIVE SOCIETY LTD. AND ANRversusUNION OF INDIA AND ORS.

1999 INSC 281Disposed off

The Supreme Court examined whether the Central Government could, under Section 99(2) of the Multi State Co-operative Societies Act, 1984, grant an exemption to an individual – the President of the National Cooperative Union of India (NCUI) – from the personal disqualifications imposed by Sections 36 …

RENU BISOI AND ORS.versusGOUR CHANDRA PRADHAN AND ORS.

1999 INSC 278Appeal(s) allowed

The case concerned members elected to the Orissa Zilla Parishad who had not taken the oath of allegiance required under Section 36 of the Orissa Zilla Parishad Act, 1991. The statute mandates that the oath be taken within three months of election or at any one of the first three meetings of the …

HARYANA TELECOM LTD.versusSTERLITE INDUSTIRES (INDIA) LTD.

1999 INSC 272Dismissed

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 …

UNION OF PUBLIC SERVICE COMMISSIONversusGAURAV DWIVEDI AND ORS .

1999 INSC 253Appeal(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 …

K.C. SINGH DEOversusNILADRI SAHU (DEAD) BY LRS. AND ORS.

1999 INSC 245Appeal(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 …

BANOLATA MOHAPATRAversusSTATE OF ORISSA AND ORS.

1999 INSC 238Dismissed

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 …

HYDERABAD INDUSTRIES LTD. AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 234Disposed 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 …

SITA RAM SINGHANIAversusBANK OF TOKYO-MITSUBISHI LTD. AND ORS.

1999 INSC 241Dismissed

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 …

STATE OF M.P. AND ANR.versusSMT. ABHA SETHI ETC.

1999 INSC 208Appeal(s) allowed

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court order that held video games in video parlours were not liable to entertainment tax under the MP Entertainments Duty and Advertisement Tax Act, 1936. The High Court had relied on the decision in Harrish Wilson v. State of MP, …

OIL AND NATURAL GAS COMMISSIONversusM/S M.C. CLELLAND ENGINEERS S.A.

1999 INSC 200Dismissed

The Oil and Natural Gas Commission (ONGC) appealed a decree based on an arbitral award that required M.C. Clelland Engineers to pay the principal amount plus interest at 12% and an additional interest on that interest. The appellant argued that the arbitrators had no power to award interest on …

V.G.GEORGEversusINDIAN RARE EARTHS LTD. AND ANR.

1999 INSC 171Dismissed

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 …

M/S. BAGHOPURI M.M SAMBAI SAMITIversusSTTE OF ASSAM AND OTHERS

1999 INSC 140Appeal(s) allowed

The appellant, a fishery cooperative society in Darrang District, consisted of members belonging to the Maimal Community of Cachar District. The society sought direct settlement of fishery rights under the proviso to Rule 12 of the Assam Fishery Rules, which provides such settlement to societies …

STATE OF ORISSAversusKISHORE CHANDRA SAMAL AND OTHERS

1999 INSC 133Appeal(s) allowed

The State of Orissa issued a notification on 31 August 1976 grouping various municipal posts into a single cadre under Section 81 of the Orissa Municipal Act, 1950 and Rule 3(2) of the Service Rules, resulting in transfers of the respondents between octroi and general sections. The respondents …

EICHER MOTORS LTD. AND ANR.versusUNION OF INDIA AND ORS. ETC.

1999 INSC 26Appeal(s) allowed

The petitioners, manufacturers including Eicher Motors Ltd., challenged Rule 57F(4A) of the Central Excise Rules, 1944 which mandated that MODVAT credit unutilised as on 16 March 1995 would lapse. They argued that the credit represented a vested right under the existing law and that Section 37 of …