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93 judgments · newest first · showing 1–93

LALLAN RAJ AND ORS.versusSTATE OF BIHAR

2002 INSC 473Disposed off

The case involved fourteen accused who, on the night of Holi, encircled and assaulted Bindeshwari Rai with deadly weapons, resulting in his death. The trial court convicted all of them under Section 302 IPC, with some also under Section 307 IPC, while the High Court later acquitted them of the …

DWARKA DAS AND ORS.versusSTATE OF HARYANA

2002 INSC 469Appeal(s) allowed

The Supreme Court examined whether a High Court, exercising criminal appellate jurisdiction under Section 374(2) of the Cr.P.C., could direct the State Government to file an appeal against an acquittal by a Sessions Judge. The High Court had ordered the Advocate General of Haryana to file a …

SHRAWAN BHADAJI BHIRAD AND ORS.versusSTTE OF MAHARASHTRA

2002 INSC 470Dismissed

The accused, members of the Bhirad family, were convicted for assaulting Ganesh Dhage with swords, causing severe injuries, under Sections 147, 148, 307 read with Section 149 of the IPC. The victim, while hospitalized, identified the accused by name in a statement recorded by doctors, which the …

BHARAT COKING COAL LTD.versusKARAM CHAND THAPAR & BROS. PVT. LTD. AND ORS.

2002 INSC 471Appeal(s) allowed

Bharat Coking Coal Ltd. (appellant) claimed that certain lands, buildings and other assets owned by Karam Chand Thapar & Bros. Pvt. Ltd. (respondent) vested in the Central Government under Section 3G(vi) of the Coking Coal Mines (Nationalisation) Act, 1972, and issued notices for possession. The …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION CO. (PVT.) LTD. AND ANR.

2002 INSC 472Directions issued

The Delhi Development Authority (DDA) had awarded a plot of land to Skipper Construction Co. (Pvt.) Ltd., which later sought a bank guarantee from New Bank of India for the balance payment. The bank officials allegedly facilitated the guarantee with irregularities, prompting a disciplinary inquiry. …

TULSI RAM AND ORS.versusMATHURA SAGAR PAN TATHA KRISHI AND ANR .

2002 INSC 462Disposed off

The dispute involved the Barai community, owners of a group of tanks used for betel leaf irrigation, and the Dhimar fishing community who had been allowed to fish in those tanks under a historic Wajib-ul-arz agreement. The Barais sought an injunction to stop the Dhimars from fishing, claiming the …

VASANT ARJUNRAO BHANDAKversusSTATE OF KARNATAKA

2002 INSC 465Dismissed

Vasant Arjunrao Bhandak was charged under the Prevention of Corruption Act, 1988 and contended that the Principal Sessions Judge, Belgaum, lacked jurisdiction because the judge was not a "Special Judge" as defined in Section 3 of the 1988 Act. He argued that the appointment of the judge under a …

SUBHASH RAMKUMAR BIND @ VAKIL AND ANR.versusSTATE OF MAHARASHTRA

2002 INSC 466Dismissed

The appellants were convicted for murder of Harish Bhatia using a 9 mm pistol and a .38 calibre revolver, and were sentenced to death under IPC sections 302/34 and Arms Act section 27(3). The High Court upheld the death sentence, treating the weapons as prohibited arms under the Arms Act based on a …

ALAMGIRversusSTATE (NCT. DELHI)

2002 INSC 467Dismissed

Alamgir, a Pakistani national, travelled to Delhi with his wife Halima and stayed at a hotel. He left her locked in the room on 19 September 1991 and failed to return; her body was later found strangulated. Two slips of paper near the body bore handwriting identified by an expert as Alamgir's. He …

BHARATBHAI BHAGWANJIBHAIversusSTATE OF GUJARAT

2002 INSC 447Dismissed

While on patrol at a bus stand in Upleta, police observed the accused flee upon seeing them, intercepted him, and searched him in the presence of two Panchas, discovering about 12 grams of charas. The accused was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the …

M/S. ESSEN DEINKIversusRAJIV KUMAR

2002 INSC 448Leave granted

The respondent, a helper employed from 1 July 1990 to 26 February 1991, was terminated for unsatisfactory work. Section 25F of the Industrial Disputes Act, 1947 protects a workman only if he has completed at least 240 days of service in the preceding 12 months. The Labour Court held that the workman …

EPOCH ENTERREPOTSversusM.V. WON FU

2002 INSC 449Leave Granted & Dismissed

Epoch Enterprises entered into a charter agreement, evidenced by a fixture note, with the disponent owner of the vessel M.V. Won Fu to export feldspar. The vessel failed to load the cargo, prompting Epoch to sue in rem in the Admiralty jurisdiction of the Madras High Court for arrest of the ship and …

HUKAM CHANDversusSTATE OF HARYANA

2002 INSC 434Dismissed

The dispute arose when Hukam Chand's brother Udai Chand and his sibling went to a wheat‑threshing field and a quarrel broke out over a khes. Hukam Chand arrived armed with a pharsa (a deadly weapon) and struck Udai Chand on the head, causing fatal injuries; other parties also inflicted blows with …

ALLA CHINA APPARAO AND ORS.versusSTATE OF ANDHRA PRADESH

2002 INSC 432Dismissed

The appellants, six convicted accused, appealed against their life sentences for murder under Sections 302, 149, 148 and 506 IPC, arguing that the prosecution's case relied on partisan eyewitnesses, lacked independent witnesses, showed no dragging injuries, and suffered an alleged delay in …

SARWAN SINGHversusSTATE OF PUNJAB

2002 INSC 428Dismissed

The appellant, Sarwan Singh, was convicted by a Designated Court under Sections 302, 307, 34 of the IPC and Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for the murder of Piara Singh. He appealed, claiming false implication, lack of independent witnesses, absence of a …

MOHAN SINGHversusPREM SINGH AND ANR.

2002 INSC 419Dismissed

The case concerned the murder of Ravinder Singh, alleged to have been committed by Prem Singh and Deepinder Singh in a dispute over land. The trial court convicted both under Section 302 IPC, relying on eyewitness testimony, an extra‑judicial confession and alleged weapon recoveries. The High Court …

STATE OF KARNATAKAversusDAVID RAZARIO AND ANR.

2002 INSC 391Appeal(s) allowed

An octogenarian woman was robbed and murdered in Bangalore. The prosecution proved that the accused, David Razario and Christopher David, had pawned a tape recorder belonging to the victim and later sold it, and that the weapon used in the assault bore the victim's blood group. The trial court …

MOHD. HOSHAN, A.P. AND ANR.versusSTATE OF A.P.

2002 INSC 388Disposed off

The deceased Razwana Parveen, aged 18, married appellant No.1 and was allegedly subjected to continuous mental cruelty and dowry demands by her husband and his mother, leading her to self‑immolate. The trial court acquitted the accused of Sections 304‑B, 306 and 498‑A IPC, doubting the dying …

DANA YADAV @ DAHU & ORS.versusSTATE OF BIHAR

2002 INSC 383Disposed off

The Supreme Court examined the convictions of seven accused in a murder case arising from a Naxalite attack in 1983. The key issue was whether identification of an accused for the first time in court, without a prior test identification parade or corroboration, could support a conviction, especially …

GURPREET SINGHversusSTATE OF HARYANA

2002 INSC 382Dismissed

Gurpreet Singh, an ex‑Air Force officer, was charged with murdering his wife Kalpna by setting her on fire. There was no eye‑witness; the prosecution relied on circumstantial evidence including a strained marital relationship, a pending divorce with a monetary settlement, prior instances of domestic …

BALU SONBA SHINDEversusSTATE OF MAHARASHTRA

2002 INSC 368Appeal(s) allowed

Balu Sonba Shinde was convicted of murdering his brother Shankar based primarily on the testimony of a single material witness (PW‑4) and circumstantial evidence, while the complainant (PW‑5) was declared hostile. The Supreme Court examined whether the chain of circumstantial evidence was complete …

K.M. MATHEW ETC.versusK.A. ABRAHAM AND ORS. ETC.

2002 INSC 348Dismissed

Criminal complaints were lodged against the managing editor, chief editor and resident editor of several newspapers alleging publication of defamatory material. The magistrate took cognizance under IPC sections 319 and 500 and issued summons. The accused filed petitions under CrPC s.482 seeking …

MAHADEO SAHNI AND ORS.versusSTATE OF BIHAR

2002 INSC 333Dismissed

The appellants were part of an unlawful assembly that assaulted two men with various weapons, causing their deaths. The trial court, based on eyewitness and medical testimony, convicted all accused of murder under Section 302 read with Section 149 IPC, and also under Sections 148 and 147 IPC for …

M/S. LAKSHMI PRECISION SCREWS LTD.versusRAM BAHAGAT

2002 INSC 334Dismissed

Lakshmi Precision Screws Ltd. terminated the employment of Ram Bahagat under Clause 9(f)(ii) of its Certified Standing Orders after he was absent for ten days without leave. The company sent a notice on 17 October 1990 asking him to report within 48 hours, warning that failure would be deemed …

PREM SURANAversusADDL. MUNSIF AND JUDICIAL MAGISTRATE AND ANR.

2002 INSC 335Dismissed

Advocate Prem Surana, who was also an accused in a criminal case, entered the Jaipur District Court and, after his application for exemption from appearance was rejected and a non‑bailable warrant issued, verbally abused and slapped the presiding Judicial Magistrate in open court. The District Judge …

I.C.D.S LTD.versusBEENA SHABEER AND ANR.

2002 INSC 331Appeal(s) allowed

The husband entered into a hire‑purchase agreement with I.C.D.S. Ltd., and his wife stood as guarantor, issuing a cheque for part payment. The cheque was returned unpaid and the appellant served a statutory notice under Section 138 of the Negotiable Instruments Act, 1881, thereafter filing a …

DHUPA CHAMAR AND ORS.versusSTATE OF BIHAR

2002 INSC 325Case Partly allowed

The case involved seven accused who, armed with deadly weapons, attacked the family of an informant, resulting in the death of Ram Patia Devi and the informant's son. The Supreme Court examined whether a single blow causing a fatal injury satisfied Clause thirdly of Section 300 of the IPC, …

JAGGANATH CHOUDHARY AND ORS.versusRAMAYAN SINGH AND ANR.

2002 INSC 275Appeal(s) allowed

The trial court (Additional Sessions Judge, Muzaffarpur) acquitted the accused in a murder case under Sections 302 and 34 IPC. The aggrieved party filed a revision under Section 401 of the CrPC before the Patna High Court, alleging that the trial court had wrongly discarded eye‑witness testimony. …

RAVINDER SINGH @ BITTUversusTHE STATE OF MAHARASHTRA

2002 INSC 248Dismissed

Ravinder Singh was convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987, the IPC, the Explosive Substances Act and the Arms Act for robbery, killing police officers and a train bomb blast that killed 12 and injured 65. The conviction rested on his voluntary confessional …

MUNDRIKA MAHTO AND ORS.versusSTATE OF BIHAR

2002 INSC 242

The deceased Ramanand Mahto was attacked by a mob of 10‑15 persons who pulled him from his scooter, severed his head with sharp weapons and dragged his trunk to a pond. Police arrived within fifteen minutes and recorded statements of eye‑witnesses, including the nephew of the deceased, whose FIR …

GIRDHAR SHANKAR TAWADEversusSTATE OF MAHARASHTRA

2002 INSC 223Appeal(s) allowed

Girdhar Shankar Tawade was tried for abetment of suicide under IPC s.306 and cruelty to a woman under s.498‑A. The prosecution relied on contradictory oral testimony of the deceased's brother and cousin, three letters written by the deceased, and a dying declaration. The trial court and the High …

UNION OF INDIA AND ORS.versusL.D. BALAM SINGH

2002 INSC 224Dismissed

The case concerned L.D. Balam Singh, an Indian Army officer, who was tried by a General Court Martial under Section 69 of the Army Act for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court had set aside his conviction on the ground …

SHASHIKANT SINGHversusTARKESHWAR SINGH AND ORS.

2002 INSC 225Appeal(s) allowed

Shashikant Singh was convicted of murdering his brother, and during the trial the court, under Section 319 of the CrPC, summoned another person (respondent No. I) who appeared to have committed the same offence. The trial of the original accused, Chandra Shekhar Singh, concluded before the summoned …

STATE OF WEST BENGAL AND ORS.versusKARAN SINGH BINAYAK AND ORS.

2002 INSC 161Dismissed

The State of West Bengal sought to revise a 1957 record of rights concerning land that had been leased to a paper mill, arguing that the land vested in the State under the West Bengal Estates Acquisition Act, 1953. The respondents, Karan Singh Binayak and others, had purchased the land and commenced …

GURMAIL SINGHversusSTATE OF PUNJAB

2002 INSC 147Appeal(s) allowed

Gurmail Singh was arrested after allegedly arriving at a police station carrying a gunny bag on his head containing 27 kg of black gunpowder and four detonators, allegedly inspired by two constables to surrender. The Designated Court convicted him under Section 5 of the Terrorist and Disruptive …

RAM GOVIND UPADHYAYversusSUDARSHAN SINGH AND ORS.

2002 INSC 148Appeal(s) allowed

The appellant's brother was murdered during a violent incident at a polling booth, leading to the filing of an FIR under Section 302 IPC and the arrest of several accused. The accused applied for bail, which was rejected by the trial court, the High Court, and the Sessions Judge. After a second FIR …

JAI SINGHversusSHAKUNTALA

2002 INSC 141Dismissed

Shakuntala, the natural daughter of the deceased Sunda Ram, sued to be declared owner of his property, challenging a registered adoption deed that named Jai Singh as an adopted son. The trial court and two appellate courts held that the adoption was invalid and decreed in favour of Shakuntala. On …

ANIL RATAN SARKAR AND ORS.versusHIRAK GHOSH AND ORS.

2002 INSC 131

The petitioners, laboratory assistants appointed in non‑government colleges in West Bengal, were treated as non‑teaching staff despite performing teaching functions and were denied the pay scale of physical instructors. After a series of writ petitions, the Supreme Court ordered that they be treated …

V.C. MOHANversusUNION OF INDIA AND ORS.

2002 INSC 112Appeal(s) allowed

V.C. Mohan was charged under Sections 132 and 135 of the Customs Act for misdeclaration of a Bill of Entry, arrested, and later released on bail. After the investigation, the Customs Department issued a show‑cause notice under Section 124 and the petitioner filed an application before the Settlement …

DEEPAK KUMARversusRAVI VIRMANI AND ANR.

2002 INSC 60Case Partly allowed

The Supreme Court examined the murder of four family members allegedly committed by Ravi Virmani, who was convicted and sentenced to death by the Sessions Court and later to life imprisonment by the High Court. The prosecution's case relied mainly on the testimony of the two surviving brothers, …

STATE OF HARYANAversusRAM SINGH

2002 INSC 25Case Partly allowed

The State of Haryana prosecuted several accused for the murder of Manphool under Sections 302, 149 and 201 IPC. The trial court convicted all, but the High Court acquitted Ram Singh, citing inconsistencies between his thumb‑marked disclosure statement and his arrest date, and gave him the benefit of …

SYNCO INDUSTRIESversusSTATE BANK OF BIKANER AND JAIPUR AND ORS.

2002 INSC 24Dismissed

Synco Industries filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that State Bank of Bikaner and Jaipur had frozen its sanctioned working facilities without prior notice, seeking damages of Rs. 15 crore and additional expenses of Rs. 60 lakh. The NCDRC …

PANCHDEO SINGHversusSTATE OF BIHAR

2001 INSC 600Appeal(s) allowed

On 20 December 1980 a bomb attack injured Sriram Singh, who later died. His dying declaration, recorded by a magistrate in the presence of a doctor, implicated Panchdeo Singh as being present at the scene. The magistrate asserted the deceased was in a fit state of mind, but no medical certification …

SUDAMA PANDEY AND ORS.versusSTATE OF BIHAR

2001 INSC 596Appeal(s) allowed

The appellants were charged with the murder of a 12‑year‑old girl, Gudia Kumari, and were convicted by the Sessions Court and sentenced to death on the basis of circumstantial evidence; the High Court confirmed the conviction but commuted the sentence to life imprisonment. On appeal to the Supreme …

BAHADUR SINGHversusSTATE OF MADHYA PRADESH AND ANR.

2001 INSC 593Appeal(s) allowed

Bahadur Singh, a truck driver, and Amreek Singh, a cleaner, were convicted under the Narcotic Drugs and Psychotropic Substances Act for allegedly transporting 3.9 kg of poppy straw. The prosecution’s case rested on the testimony of the investigating officer, who claimed to have seized the …

PRADIP CHANDRA PARIJA AND ORS.versusPRAMOD CHANDRA PATANAIK AND ORS.

2001 INSC 590Directions issued

The case arose when a two‑judge bench of the Supreme Court, disagreeing with a prior three‑judge decision in Nityananda Kar v. State of Orissa, ordered that the matter be placed before a five‑judge bench. The petitioners challenged whether such a referral was permissible under the Constitution and …

BHAGAT RAM (D) BY LRS.versusTEJA SINGH (D) BY LRS.

2001 INSC 561Appeal(s) allowed

The case concerned a piece of land originally allotted to the widow Kirpo, which was inherited by her daughters Santi and Indra. After Santi's death, the property was mutated in Indra's name. Bhagat Ram had entered into an agreement with Indra and sued for specific performance, obtaining a decree in …

SUNIL BAJAJversusSTATE OF M.P.

2001 INSC 500Appeal(s) allowed

Sunil Bajaj was married to Suman in 1991 and she died by self‑immolation in 1995, within seven years of marriage. The State alleged that Bajaj demanded a dowry of Rs 20,000, subjected her to cruelty and harassment, and thereby caused a "dowry death" under Section 304‑B of the Indian Penal Code. The …

MUNSHI PRASAD AND ORS.versusSTATE OF BIHAR

2001 INSC 497Dismissed

The Supreme Court upheld the conviction of Munshi Prasad and others for murder, finding the prosecution’s evidence trustworthy and the defence’s alibi unsubstantiated because the alleged distance of 400‑500 yards did not render the accused’s presence at the crime scene impossible. The Court held …

ADDHAversusSTATE OF MADHYA PRADESH

2001 INSC 471Appeal(s) allowed

The appellant Addha was convicted of murder (Section 302 IPC) for allegedly striking the deceased Sher Singh with a lathi during a sudden quarrel between two groups. The prosecution's case relied on the testimony of PW‑1, who did not specifically state that Addha caused the fatal head injury, only …

SUKHDEV YADAV AND ORS.versusSTATE OF BIHAR

2001 INSC 444Dismissed

The appellants Sukhdev Yadav and others were convicted under IPC s.302 for the murder of Ram Dev Singh Mukhiya. The prosecution relied on five eye‑witnesses who placed the incident near Mahavir Modi's house, a mango tree, or a field, while a defence witness claimed a different location. The …

COMMISSIONER OF CUSTOMS, NEW DELHIversusPARASRAMPURIA SYNTHETICS LTD.

2001 INSC 409Appeal(s) allowed

Parasrampuria Synthetic Ltd imported a large number of printed drawings, designs and plans under a foreign technology‑transfer agreement for setting up a polyester plant. The importer claimed that the items fell within Serial No. 10 of Customs Notification No. 25/95 (dated 16‑03‑1995), which …

KEWAL CHAND MIMANI (D) BY LRSversusS.K. SEN AND ORS.

2001 INSC 302Dismissed

The appellants, K.L. Mimani and others, had a 50‑year lease of land in Howrah which was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. Their writ petition challenging the requisition was dismissed and an appeal was filed, but the lease expired by efflux of time …

RAJENDER SINGHversusRAMDHAR SINGH AND ORS.

2001 INSC 277Disposed off

The appellant, Rajender Singh, obtained a decree in a money suit and had the defendant's property attached and later purchased at a court auction. The respondents, who had earlier bought the same property under registered sale deeds, challenged the attachment and auction, arguing that the attachment …

AMBA BAI AND ORS.versusGOPAL AND ORS.

2001 INSC 263Appeal(s) allowed

The plaintiff filed a suit for specific performance which was dismissed by the trial court, but the first appellate court decreed in his favour. The defendant appealed this decree, and while the second appeal was pending both parties died; the plaintiff's legal representatives were brought on …

UNION BANK OF INDIAversusKHADER INTERNATIONAL CONSTRUCTION AND ORS.

2001 INSC 266Dismissed

The respondent, a public limited company, filed a suit as an indigent (in forma pauperis) plaintiff under Order XXXIII, Rule 1 of the Code of Civil Procedure. The appellant, Union Bank of India, challenged the suit, arguing that the term "person" in the Order refers only to natural persons and that …

RAMBHAU AND ANR.versusSTATE OF MAHARASHTRA

2001 INSC 231Dismissed

The appellant, a Sub‑Inspector of Police, and a co‑accused were tried under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The trial court acquitted them, but the High Court reversed the acquittal and convicted them, citing that the demand for illegal gratification on 24 …

ARVIND SINGHversusSTATE OF BIHAR

2001 INSC 232Appeal(s) allowed

The case involved the death of Minta Devi, who was allegedly burnt to death by her husband Arvind Singh and his in‑laws. The trial court convicted all four accused under Sections 304B (dowry death) and 498A (cruelty) and sentenced them to life imprisonment; the High Court set aside the conviction of …

MRITYUNJOY DAS AND ANR.versusSAYED HASIBUR REHAMAN AND ORS.

2001 INSC 151Dismissed

The Supreme Court entertained a contempt petition filed by members of the Paschim Banga Rajya Bhumijibi Sangh alleging that the Court's earlier order maintaining status quo on land possession was violated by revenue officers who took over land belonging to two petitioners. The crux of the dispute …

PAWAN KUMARversusSTATE OF HARYANA

2001 INSC 142Dismissed

The Supreme Court examined the conviction of Pawan Kumar and co‑accused for abetment of suicide, dowry harassment and related offences under Sections 306, 498A, 201 and 193 of the IPC. The prosecution relied on circumstantial evidence and a statutory presumption under Section 113A of the Evidence …

SOHAN AND ANR.versusSTATE OF HARYANA AND ANR.

2001 INSC 133Appeal(s) allowed

The appellants were convicted for offences under Sections 148, 149 and 302 of the IPC based solely on the testimony of PW‑7, a cousin of the deceased and an interested witness. The Supreme Court held that the burden of proof lies on the prosecution and must be discharged beyond reasonable doubt. It …

RAMASHRAYAAND ANR.versusSTATE OF MADHYA PRADESH

2001 INSC 116Dismissed

The appellants, Ramashraya and another, attacked the deceased Ajeet with a lathi, inflicting severe injuries to his skull and body, which caused his death. They argued that the incident arose from a sudden quarrel, that there was no pre‑meditation or intention to kill, and that the offence should be …

V. L. TRESAversusSTATE OF KERALA

2001 INSC 83Dismissed

The appellant V.L. Tresa was accused of murdering her husband Vincent, but the trial court acquitted her of the murder charge (Sec. 302 IPC) due to lack of proof beyond reasonable doubt. She was, however, convicted under Sec. 201 of the Indian Penal Code for causing disappearance of evidence and …

HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.versusM.C.D AND ANR.

2000 INSC 596Appeal(s) allowed

The Housing and Urban Development Corporation Ltd (HUDCO) was allotted 42.6 acres of Government land in Delhi in 1990 for development, with possession taken in March 1994 but a formal lease executed only in July 1997. The Delhi Municipal Corporation levied property tax on the vacant land for the …

THE GOVT. OF TAMIL NADUversusPV. ENTER. REP. BY SCM JAMALUDEEN AND ORS.

2000 INSC 536Dismissed

The Tamil Nadu Government issued a circular directing registration officers to refuse registration of property documents suspected of being undervalued until the correct stamp duty was collected. The petitioners challenged the circular as violative of Section 47A of the Indian Stamp Act, 1899. The …

MURALIversusSTATE OF TAMIL NADU

2000 INSC 526Dismissed

Murali was convicted under Section 304 Part I of the Indian Penal Code for the murder of Vinayagam after dragging the victim into a room, bolting the door and stabbing him with a knife. He appealed, claiming the right of private defence and arguing that his injuries were serious, while also …

STATE OF GUJARATversusK. V. JOSEPH ETC.

2000 INSC 514Appeal(s) allowed

The State of Gujarat appealed against two Gujarat High Court judgments that imposed strict time‑limits for granting sanction and filing charge‑sheets in corruption cases and declared a paragraph of the State Vigilance Manual ultra vires. The High Court also directed that any delay beyond two months …

VISHNU NAGNATH DESHMUKHversusSTATE OF MAHARASHTRA

2000 INSC 511Disposed off

Vishnu Nagnath Deshmukh was convicted under the Prevention of Corruption Act, 1947 (sections 5(2) and 5(1)(d)) and IPC section 161 for accepting an illegal gratification of Rs.10. The Special Judge sentenced him to six months’ rigorous imprisonment and a fine, which the Bombay High Court upheld. He …

COLLECTOR OF CENTRAL EXCISEversusHIMALAYAN COOPERATIVE MILK PRODUCT UNION LTD.

2000 INSC 507Dismissed

The Collector of Central Excise appealed against the Customs, Excise and Gold (Control) Appellate Tribunal’s order allowing Himalayan Cooperative Milk Product Union Ltd. to claim exemption from excise duty on liquid nitrogen under Notification No. 105/80‑CE. The notification exempts goods falling …

P.G.I. OF M.E. AND RESEARCH, CHANDIGARHversusRAJ KUMAR ETC.

2000 INSC 502Appeal(s) allowed

The employer, Post‑Graduate Institute of Medical Education and Research, terminated Raj Kumar after he had completed 240 days of service. The Labour Court held the termination illegal, ordered reinstatement with continuity of service and awarded only 60% of back wages, exercising its discretion …

COMMISSIONER OF INCOME TAX, JABALPURversusMIS. DURGA ENGINEERING AND FOUNDRY WORKS

2000 INSC 373Appeal(s) allowed

For the assessment years 1987-88 and 1988-89 the Assessing Officer added income to Mis. Durga Engineering and Foundry Works under Section 68, treating certain cash credits as unexplained. The Commissioner upheld the additions, but the Income Tax Appellate Tribunal set aside the assessments and …

BABULALversusHABIBNOOR KHAN (DEAD) BY LRS. AND ORS.

2000 INSC 258Appeal(s) allowed

The case concerned a dwelling‑house owned by an undivided family in which one co‑owner sold his one‑third share to Babu Lal, a stranger to the family. Respondent No.1, the decree‑holder in a partition suit, sought a decree under Section 4 of the Partition Act, 1893, to buy out Babu Lal's share, even …

MURRAY AND CO.versusASHOK KR. NEWATIA AND ANR.

2000 INSC 243Disposed off

The Supreme Court heard a contempt petition filed by Murray & Co. against Ashok K.R. Newatia and others after the respondents filed an affidavit in a transfer petition falsely claiming that the petitioner had not sold or dealt with the disputed immovable property, contrary to the facts. The Court …

KADIYALA RAMA RAOversusGUTALA KAHNA RAO (DEAD) BY LRS. AND ORS.

2000 INSC 89

The appellant purchased a house at a court auction in execution of a mortgage decree. The respondents, who were judgment‑debtors, filed an application under Order 21 Rule 90 of the CPC seeking to set aside the sale on the ground that the property was not saleable for 15 years due to a lease …

MAHARASHTRA GIRNI KAMGAR UNIONversusS. BHATTACHARJI AND ORS.

1999 INSC 366Dismissed

The Maharashtra Girni Kamgar Union (appellant) sought cancellation of the registration of respondent No.4 union as a representative union under Section 15(b)(ii) of the Bombay Industrial Relations Act, 1946, alleging that its membership fell below the 25% statutory minimum for a continuous …

FOOD CORPORATION OF INDIAversusSREEKANTH TRANSPORT

1999 INSC 258Dismissed

The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration …

STATE OF ORISSA ETC.versusS.K. AGARWALLA ETC

1999 INSC 164Matter referred to larger bench

The Supreme Court heard Civil Appeals No. 710-711 of 1991 filed by the State of Orissa and others against S.K. Agarwala and others, concerning an arbitrator's award of interest for the pre‑reference period. The core issue was whether the arbitrator could award such interest. The Court noted that …

BHAGAT RAM (DEAD)versusTEJA SINGH

1999 INSC 150Appeal(s) allowed

Kehar Singh's widow Kirpo inherited land in Pakistan and, after partition, was allotted suit land in India. Upon Kirpo's death, her daughters Santi and Indro possessed the land, which later fell under the Hindu Succession Act, 1956. After Santi's death, Indro obtained mutation of the entire land and …

SECRETARY, HARYANA STATE ELECTRICITY BOARDversusSURESH AND ORS. ETC. ETC.

1999 INSC 137Dismissed

The Haryana State Electricity Board (the Board) awarded a cleaning contract to a contractor, Kashmir Singh, who supplied 42 safai karamcharis. After the workers completed more than 240 days of service, they claimed permanent absorption under Section 10 of the Contract Labour (Regulation & Abolition) …

COMMISSIONER OF INCOME TAX, SHILLONGversusTARAJAN TEA CO. (P) LTD.

1999 INSC 41Dismissed

The Commissioner of Income Tax, Shillong appealed against the order of the Income Tax Officer (ITO) who had reopened the assessment of Tarajan Tea Co. (P) Ltd. under Section 147(a) of the Income Tax Act, 1961, on the ground that a decision in another tea company case—holding that the sale of …

COMMISSIONER OF INCOME TAX, CALCUTTAversusSUGAULI SUGAR WORKS {P) LTD.

1999 INSC 42Dismissed

SUGAULI SUGAR WORKS (P) Ltd., a private limited company, transferred Rs 3,45,000 from a suspense account to its capital reserve account for the assessment year 1965‑66. The Income Tax Officer included Rs 2,56,529 in the assessee's total income under Section 41 of the Income‑Tax Act, treating the …

STATE OF TAMIL NADUversusTHE MAHALAKSHMI TEXTILE MILLS LTD .

1999 INSC 38Dismissed

The State of Tamil Nadu assessed Mahalakshmi Textile Mills Ltd. for sales tax. The assessee invoked the Deputy Commissioner’s suo motu powers under Section 32 of the Tamil Nadu General Sales Tax Act, 1959, questioning the assessment. After the Deputy Commissioner dismissed the petition, the High …

DIVISIONAL LEVEL COMMITTEE AND ANR.versusHARSWARUP DRUM UDYOG

1999 INSC 33Dismissed

The Divisional Level Committee and the State of Uttar Pradesh appealed against a High Court order that had upheld Harswarup Drum Udyog's claim to sales‑tax exemption under Section 4‑A of the U.P. Sales Tax Act, 1948. The respondent's application was initially rejected because the lease deed, …

M/S. CONTINENTAL CHEMICALS LTD.versusSALES TAX OFFICER AND ANR.

1999 INSC 34Appeal(s) allowed

Continental Chemicals Ltd. obtained a sales tax registration in November 1985 and made a trial sale on 1‑Nov‑1985, but only acquired permanent registration as an industrial unit on 11‑Sep‑1986 and began actual production on 3‑Mar‑1986, with its first sale on 5‑Mar‑1986. The company applied for a …

BAILOCHAN KARANversusBASANT KUMARI NAIK AND ANR.

1999 INSC 35Dismissed

The appellant, a son of Prahalad, was a minor when the property was sold to the plaintiff on 6 February 1953. The plaintiff filed a suit for trespass in 1971, alleging that the appellant had forcibly entered the land. The trial court dismissed the suit, and the High Court examined the date on which …