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Supreme Court of India

Judgments of 2009

1,312 judgments, newest first — showing 1–200.

NATIONAL INSURANCE CO. LTD.versusPARVATHNENI & ANR.

2009 INSC 109331 August 2009Matter referred to larger bench

National Insurance Co. Ltd. filed a Special Leave Petition challenging a High Court order that directed it to pay compensation to claimants, despite the insurer's contention that there was no valid insurance coverage on the date of the accident because the renewal premium cheque was dishonoured. The insurer argued that

M/S LIBERTY INDIAversusCOMMISSIONER OF INCOME TAX

2009 INSC 109431 August 2009Dismissed

Liberty India, a partnership firm operating a small‑scale industrial undertaking, claimed a deduction under s.80‑18 of the Income‑Tax Act for profits arising from Duty Entitlement Passbook (DEP8) and duty‑drawback credits that were posted to its profit and loss account. The Assessing Officer rejected the claim, holding

A. ABDUL FAROOKversusMUNICIPAL COUNCIL, PERAMBALUR & ORS.

2009 INSC 98331 July 2009Appeal(s) allowed

The Tamil Nadu Government issued G.O. Ms. No.32 (1998) permitting the erection of statues and arches on highways. After the Tamil Nadu Highways Act, 2001 came into force, the State, through its Secretary, granted permission to install permanent arches on two major district roads. The High Court held that because the ar

M.M. COOPERATIVE BANK LTD.versusJ.P. BHIMANI & ANR.

2009 INSC 98431 July 2009Dismissed

The Madhavpura Mercantile Cooperative Bank uncovered a large‑scale fraud involving crores of rupees and filed a criminal complaint under several IPC sections against its chairman, managing director, other officers and businessmen, including J.P. Bhimani. The accused was denied bail by the Sessions Court but the Gujarat

GURIA, SWAYAM SEVI SANSTHANversusSTATE OF U.P. AND ORS.

2009 INSC 98531 July 2009Dismissed

The NGO GURIA, SWAYAM SEVI SANSTHAN rescued over thirty girls from a red‑light area in Varanasi and filed a complaint, leading to charge‑sheets against 23 persons under the Immoral Traffic (Prevention) Act, 1956 and several IPC provisions. The accused applied for bail; the Sessions Judge rejected the applications, but

BUDHWANTI @ BUDHO RANIversusNIDHAN SINGH @ KAPOOR & ORS.

2009 INSC 98631 July 2009Disposed off

A motor accident caused the death of Khairati Lal and injuries to his wife Sheela Rani and mother Budhwanti. The Motor Accident Claim Tribunal awarded compensation of Rs.4,11,000 for death, Rs.35,000 for the wife's injuries and Rs.85,000 for the mother's permanent disability. The High Court enhanced the death compensat

CHAMPABEN GOVINDBHAIversusPOPATBHAI MANILAL AND OTHERS

2009 INSC 98731 July 2009Appeal(s) allowed

The Supreme Court heard an appeal by Champaben Govindbhai, mother of the deceased, against the Gujarat High Court's order affirming the acquittal of three accused of murder. The Court examined whether the medical post‑mortem report establishing fatal chest injuries, the credibility of eye‑witnesses who were relatives o

STATE OF PUNJAB & ANR.versusMOHAMMED IQBAL BHATTI

2009 INSC 98831 July 2009Dismissed

The respondent, a Block Development and Panchayat Officer, faced an FIR under the Prevention of Corruption Act. The State, through the Minister, initially refused sanction for prosecution on 15‑12‑2002/2003. After a change of government, the same authority granted sanction on 14‑9‑2004 without any new material being pl

M/S. SARDAR ASSOCIATES & ORS.versusPUNJAB & SINDH BANK & ORS.

2009 INSC 98931 July 2009Appeal(s) allowed

The appellants, borrowers of a public sector bank, sought a one‑time settlement of their non‑performing loan under RBI guidelines, offering to pay Rs 345.31 lacs, but the bank demanded a higher amount and refused. The Debt Recovery Appellate Tribunal directed the bank to settle as per the RBI scheme, a decision later s

CHALLAMMAversusTILAGA & ORS.

2009 INSC 99031 July 2009Dismissed

The deceased K.T. Subramanya had taken four life insurance policies naming his mother, Challamma, as nominee. After his death, his alleged wife Tilaga and their two children applied for a succession certificate under Section 372 of the Succession Act, 1925, claiming the deceased was married to Tilaga. Challamma contest

SHESH MANI SHUKLAversusD.I.O.S. DEORIA & ORS.

2009 INSC 99131 July 2009Dismissed

A vacancy for a teacher arose in Satya Prakash Vivekanand Inter College, Deoria. The District Inspector of Schools (DIS) recommended a candidate, Ali Hussain Ansari, within the one‑year period prescribed by the First Removal of Difficulties Order, 1981. The college's Committee of Management ignored this recommendation,

MUKESH KUMAR AGRAWALversusSTATE OF U.P. & ORS.

2009 INSC 99231 July 2009Dismissed

The appellant, a licensed dealer of high‑speed diesel oil, challenged the cancellation of his licence under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, alleging that the cancellation was based on vague allegations of malice by a political rival an

M/S. JOHN IMPEX (PVT.) LTD. & ANR.versusATHUL KAPUR & ORS

2009 INSC 99331 July 2009Dismissed

The landlord filed a suit for eviction and recovery of rent arrears against the tenant, which was transferred from the Delhi High Court to the Additional District Judge after a jurisdictional amendment. The tenant received notice of an interlocutory application and the scheduled hearing date of 15 July 2004 but failed

GUJARAT AGRICULTURAL UNIVERSITYversusALL GUJARAT KAMDAR KARMACHARI UNION

2009 INSC 99431 July 2009Case Partly allowed

The Gujarat Agricultural University and the All Gujarat Kamdar Karmachari Union entered into a settlement in 1980 governing the conditions of service of daily‑rated workers. After a notice to terminate the settlement, the University, following a Gujarat Government notification, declared the 2nd and 4th Saturdays and el

U.P. STATE SUGAR CORPORATION LTD. NOW M/S.DOWIALA SUGAR COMPANY LTD. DOIWALA THROUGH ITS EXECUTIVE DIRECTORversusNIRAJ KUMAR AND ORS.

2009 INSC 99531 July 2009Appeal(s) allowed

The Uttar Pradesh State Sugar Corporation, a seasonal sugar unit, engaged Niraj Kumar as a weighment clerk on a daily‑wage basis from 1 January 1997 to 15 April 1997, i.e., during the middle of the 1996‑97 crushing season. Kumar claimed that he was a seasonal workman and that the corporation’s failure to re‑engage him

STATE OF MADHYA PRADESHversusJIYALAL

2009 INSC 97731 July 2009Disposed off

The State of Madhya Pradesh appealed after a Special Judge convicted Jiyalal under Sections 7 and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988. The High Court set aside the conviction, holding that the sanction order from the District Magistrate was given mechanically, lacked reasons, and was not proved becau

AJAYA KUMAR DASversusSTATE OF ORISSA & ORS.

2009 INSC 97831 July 2009Appeal(s) allowed

The appellant, a government employee originally appointed as Overseer and later re-designated as Sub-Assistant Engineer, was promoted to Assistant Engineer in 1981. His pay on promotion was fixed at Rs. 850 per month, lower than the Rs. 950 he claimed was due under Rule 74(b) of the Orissa Service Code, which mandates

GIRISHBHAI DAHYABHAI SHAHversusC.C. JAIN & ANR

2009 INSC 97931 July 2009Appeal(s) allowed

Girishbhai Dahyabhai Shah was prosecuted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated curd. The sample was taken on 8 April 1988 and the Public Analyst’s report indicating adulteration was filed on 4 May 1988 but was only served to the accused on 17 July 1

C.J. PAUL AND ORS.versusDISTRICT COLLECTOR AND ORS.

2009 INSC 98031 July 2009Appeal(s) allowed

The appellants purchased land in Tamil Nadu by deeds dated 1‑Feb‑1990. The Sub‑Registrar became aware of the deeds only on 30‑Mar‑1996 and, in 1998, initiated proceedings under Sections 47A(1) and 198 of the Indian Stamp Act, 1899, to recover deficit stamp duty. The appellants contended that the actions were barred by

RAJENDRA SINGHversusSTATE OF U.P. AND ORS.

2009 INSC 98131 July 2009Disposed off

The case concerned the transfer of two Sub‑Registrars, Karvendra Singh and Rajendra Singh, within Uttar Pradesh. Both challenged an office order that swapped their postings, alleging arbitrariness, stigma and lack of proper consideration of service records. The High Court upheld Karvendra Singh's transfer but set aside

PADMANABANversusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2009 INSC 98231 July 2009Dismissed

The case involved the murder of Rangasamy, a Naidu community member who supplied electricity to the Adi Dravida community for a festival, leading to a violent retaliation by eight accused who formed an unlawful assembly and assaulted him with casuarina sticks, causing fatal head injuries. The trial court convicted five

SANJAY DUTTversusSTATE OF MAHARASHTRA TR. CBI, BOMBAY

2009 INSC 42531 March 2009Dismissed

The petitioner, a well‑known cine artist, was convicted by a Special Judge under Sections 3 and 7 read with Sections 25(1A) and 25(1B) of the Arms Act and sentenced to six years’ rigorous imprisonment. While his appeal against the conviction was pending before the Supreme Court, he sought bail and filed several crimina

ONKAR LALversusSTATE OF MADHYA PRADESH

2009 INSC 42631 March 2009Dismissed

Onkar Lal, the uncle of the deceased Ramchandra Patidar, was charged with murder under Section 302 IPC for stabbing the victim with a sword during a card game on a moonlit night. The FIR was lodged within an hour of the incident by a person with no animosity towards the accused, and the weapon was later recovered from

U.O.I.versusBAL MUKUND & ORS.

2009 INSC 42731 March 2009Dismissed

The case concerned the conviction of Bal Mukund, Basanti Lal and a third accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 based primarily on confessional statements recorded after a raid conducted on secret information. The Supreme Court held that the police failed to comply with mandatory statuto

PAPPU @ HARI OMversusSTATE OF MADHYA PRADESH

2009 INSC 42931 March 2009Disposed off

On Diwali night the deceased Ramesh was playing cards when appellant Pappu @ Hari Om and co-accused Bal Kishan arrived, quarrelled and later the appellant fired a 12‑bore gun, striking the deceased on the right shoulder/chest. The victim died in hospital. The trial court convicted the appellant under Section 302 IPC (m

BALKAR SINGHversusSTATE OF UTIARAKHAND

2009 INSC 43331 March 2009Case Partly allowed

Balkar Singh was convicted by the trial court and affirmed by the High Court for the murder of two persons and attempted murder of a third under Section 302 and 307 IPC, based on the testimony of an injured witness and two eye‑witnesses. The appellant contended that the facts did not satisfy the statutory requirements

BHASKAR RAMAPPA MADAR AND ORS.versusSTATE OF KARNATAKA

2009 INSC 43431 March 2009Appeal(s) allowed

The appellants, the husband and in‑laws of a married woman who committed suicide, were charged under Sections 306 and 498A IPC for alleged dowry harassment. The trial court acquitted them, holding that the complainant‑investigating officer’s involvement did not taint the prosecution and that the evidence was insufficie

HANUMANTAPPA BHIMAPPA DALAVAI & ANRversusSTATE OF KARNATAKA

2009 INSC 43531 March 2009Dismissed

The appellants, Hanumanthappa Bhimappa Dalavai and another, were convicted for murder and grievous hurt after a violent altercation in which they used a crow‑bar, stick and iron rod, resulting in two deaths. They appealed, claiming the right of private defence under Sections 96, 97 and 100 of the IPC. The Supreme Court

PRADEEP KUMARversusSTATE OF HARYANA

2009 INSC 43631 March 2009Case Partly allowed

The appellant, Pardeep Kumar, was convicted of dowry harassment (s.498A IPC), dowry death (s.3048 IPC) and murder (s.302 IPC) after his wife died from burns allegedly caused by a gas cylinder. The trial and High Courts upheld all three convictions, sentencing him to life imprisonment for murder and ten years for dowry

KRISHNA GHOSHversusSTATE OF WEST BENGAL

2009 INSC 43731 March 2009Dismissed

Krishna Ghosh was convicted under Sections 498‑A (cruelty) and 302 read with Section 34 of the Indian Penal Code for the murder of his wife Yogmaya, who was found dead in their matrimonial home within one year and four months of marriage. The prosecution relied on circumstantial evidence: multiple witnesses saw the bod

SADHU SINGHversusSTATE OF PUNJAB

2009 INSC 43831 March 2009Case Partly allowed

The case involved Sadhu Singh and two accomplices who were convicted for the murder of Jagdev Singh after Sadhu Singh fired a shot while confronting the deceased on a tractor. The accused claimed the shooting was in exercise of the right of private defence under Sections 96‑106 of the IPC. The Supreme Court examined th

CHAMAN LAL & ORS.versusSTATE OF PUNJAB & ANR.

2009 INSC 43131 March 2009Dismissed

The appellants purchased a plot of land through a General Power of Attorney (GPA) that was later cancelled, but the GPA holder concealed this and executed sale deeds in their favour. The complainant filed a suit and later a criminal complaint alleging conspiracy, cheating and criminal breach of trust, leading to charge

PHOOL PATTI AND ANRversusRAM SINGH (DEAD) THROUGH LRS. & ANR.

2009 INSC 43931 March 2009Matter referred to larger bench

The daughters of Bhagwana (appellants) challenged a consent decree dated 24‑Nov‑1980 in a suit alleging collusion. The trial court set aside the decree, but the first appellate court reversed, holding the decree was not collusive, a finding of fact. The High Court affirmed that view and dismissed the appellants' appeal

RAGHUVIR SINGH MATOLYA & ORS.versusHARI SINGH MALVIYA & ORS

2009 INSC 44131 March 2009Appeal(s) allowed

The appellant, a relative of the deceased Puspa Matolya, challenged the compensation awarded under Section 166 of the Motor Vehicles Act, 1988, arguing that the Tribunal and the High Court had failed to include the dearness allowance and house rent allowance in the deceased's income for computing compensation. The dece

SMT. SHASHI JAINversusTARSEM LAL (DEAD) & ANR.

2009 INSC 44331 March 2009Appeal(s) allowed

Shashi Jain, the landlady, filed an eviction application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, claiming she needed the premises for her own and her aged mother's personal use and that the tenant, Tarsem Lal, had sub‑let part of the premises to Rakesh Kumar without her written consent. Th

STATE OF UTTAR PRADESHversusSHYAM BEHARI & ANR.

2009 INSC 43231 March 2009Dismissed

The State of Uttar Pradesh appealed the acquittal of Shyam Behari and another accused who had been convicted by a trial court under IPC sections 302/34 and 201/34 on the basis of circumstantial evidence. The High Court set aside the conviction, holding that the evidence regarding the accused being the last person seen

STATE OF RAJASTHANversusRATAN LAL

2009 INSC 42831 March 2009Appeal(s) allowed

The accused, Ratan Lal, was found in possession of a bag containing a large quantity of opium. The trial court acquitted him on the ground that the mandatory requirements of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not complied with, and the High Court refused the State’s request for

STATE OF U.P.versusRAMA KANT & ORS.

2009 INSC 43031 March 2009Dismissed

The incident occurred on 23 October 1979, where the State alleged that the accused committed murder and related offences under Sections 302, 149, 323, 148 and 147 of the Indian Penal Code. The trial court convicted the accused, but the Allahabad High Court acquitted them, citing several doubts about the prosecution's c

RAJENDRA AGRICULTURAL UNIVERSITYversusASHOK KUMAR PRASAD AND ORS.

2009 INSC 126330 November 2009Appeal(s) allowed

The Rajendra Agricultural University framed a statute for a time‑bound promotion scheme for its teachers, which the Chancellor assented to under Section 36(2) of the Bihar Agricultural Universities Act, 1987, but the statute was never published in the Official Gazette. The Chancellor later withdrew his assent, declarin

URBAN IMPROVEMENT TRUST, BIKANERversusMOHAN LAL

2009 INSC 120930 October 2009Dismissed

The Bikaner Urban Improvement Trust (UIT) allotted plot A‑303 to Mohan Lal in 1991, but in 1998 laid a road through the plot without notice or acquisition proceedings. After the Trust ignored his complaints, Lal filed a consumer complaint in 2005 seeking restoration of the plot or an alternative site with compensation.

MS. CELINA COELHO PEREIRA & ORS.versusULHAS MAHABALESHWAR KHOLKAR & ORS.

2009 INSC 121030 October 2009Appeal(s) allowed

The landlord filed an eviction petition under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 alleging that the tenant had sub-let the premises to a partnership called Mandovi Tours and Travels. The tenant denied sub‑letting, claiming the partnership was genuine and that he retained exclus

VIJAY DHANJI CHAUDHARYversusSUHAS JAYANT NATAWADKAR

2009 INSC 120830 October 2009Hearing Adjourned

The Supreme Court examined an application for restoration of a Special Leave Petition that had been dismissed for non‑prosecution. The petition was drafted by Advocate Vikas Mahajan and filed by Advocate‑on‑Record D.B. Vohra, who merely lent his name and did not take any responsibility for the case, including failing t

SONALI MUKHERJEEversusUNION OF INDIA

2009 INSC 116130 September 2009Dismissed

The case involved the death of Biswajit, alleged to be a murder committed by his wife Sonali Mukherjee (A‑1) and her alleged lover Assadid Poddar (A‑2) through gardenal poisoning. The trial court convicted both under s.302 IPC; the Madras High Court acquitted A‑2 and reduced A‑1's conviction to s.304(Part I) IPC. On ap

MOHAMMAD YASINversusSTATE (N.C.T. OF DELHI) AND ORS.

2009 INSC 97430 July 2009Dismissed

Mohammad Yasin appealed against the Delhi High Court order that dismissed his petition seeking a CBI investigation and a FIR under s.302 IPC into the death of his brother Yunus (alias Anees) while in police custody. Yunus, a proclaimed offender with a history of multiple criminal cases, was arrested on 4 August 1999, s

DAKSHINI HARYANA BIJLI VITRAN NIGAM & OTHERSversusBACHAN SINGH

2009 INSC 97630 July 2009Dismissed

Bachan Singh joined the Haryana State Electricity Board as a work‑charge employee in 1963 and was regularised as Head Mistry in 1981. The Board issued circulars in 1993 and 1994 asking work‑charge employees to elect, in writing, whether to count their prior service towards pension or remain in the EPF scheme, with a th

D.D.A.versusRAJENDRA SINGH & ORS.

2009 INSC 97330 July 2009Disposed off

The Delhi High Court entertained two public‑interest writ petitions filed in 2007 that challenged the construction of the Commonwealth Games Village (CGV) on the basis that it would damage the Yamuna riverbed and floodplain. The petitioners sought a stay of construction and the formation of a monitoring committee, whil

COMMISSIONER OF CENTRAL EXCISE, INDOREversusM/S. GRASIM INDUSTRIES LTD.

2009 INSC 97530 July 2009Matter referred to larger bench

The Supreme Court examined a batch of appeals filed by the Central Excise Commissioner against several manufacturers of industrial gases who charged customers for containers such as cylinders, canisters and tanners. The issue was whether these ancillary charges should be included in the "transaction value" for determin

ANKUSH MARUTI SHINDE & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 64930 April 2009Disposed off

The case involved six accused who were charged with dacoity, murder and gang rape of a minor girl and her family members. The trial court convicted all of them under Sections 302, 376(2)(g), 307, 34, 397, 395 and 396 of the IPC and sentenced each to death; the High Court confirmed death for three and reduced the senten

STATE OF A.P.versusE. SATYANARAYANA

2009 INSC 64830 April 2009Dismissed

E. Satyanarayana was charged with murdering his wife and minor son. The trial court convicted him on the basis of an alleged extra‑judicial confession made to the Village Administrative Officer and the recovery of a blood‑stained sickle, sentencing him to life imprisonment. The Andhra Pradesh High Court acquitted him,

RANBIR SINGH & ORS.versusSTATE OF HARYANA

2009 INSC 65030 April 2009Case Partly allowed

The appellants, Ranbir Singh and others, were convicted under sections 148, 302, 324, 323 read with s.34 IPC for the death of Balwan and injuries to three others, pleading self‑defence. The Supreme Court examined whether the death occurred in the exercise of the right of private defence and whether the accused exceeded

APOLLO TYRES LTD.versusC.P. SABASTIAN

2009 INSC 65130 April 2009Appeal(s) allowed

The plaintiff, an employee of Apollo Tyres Ltd., filed a civil suit seeking declaration that he remained a workman, challenging his transfer, restraining the employer from forcing a promotion, and protecting his trade‑union activities. The employer contended that the civil court lacked jurisdiction over matters relatin

SARDAR ESTATESversusATMA RAM PROPERTIES (P) LTD.

2009 INSC 65230 April 2009Dismissed

The landlord filed an eviction petition against the tenant in the Delhi Rent Controller in 1981, which resulted in a decree of eviction in 1993 on the ground of subletting. The tenant appealed at multiple levels, including the Rent Control Tribunal, the Delhi High Court, and the Supreme Court, all of which upheld the e

RAVINDER SINGHversusSTATE OF HIMACHAL PRADESH

2009 INSC 65430 April 2009Case Partly allowed

Ravinder Singh was stopped while transporting five bottles of illicit liquor and was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914, receiving a six‑month imprisonment. He appealed, contending that at the time of the offence (25 May 1995) no minimum sentence was prescribed, and that the amendment intro

NAIR SERVICE SOCIETYversusDR. T. BEERMASTHAN & ORS.

2009 INSC 42430 March 2009Appeal(s) allowed

The Supreme Court examined the Kerala State & Subordinate Services Rules, 1958 (Rules 14‑17) to determine how reservation should be applied in appointments of Medical Officers (ISM). The Kerala High Court had read a proviso into Rule 14(a), treating the unit of appointment as the total number of vacancies when they exc

SURENDRA KUMAR BHATIAversusKANHAIYA LAL & ORS.

2009 INSC 8830 January 2009Case Partly allowed

The case arose from a dispute over land acquired for a housing scheme where owners and power‑of‑attorney holders allegedly colluded with a Special Officer of the Rajasthan Housing Board to obtain allotment pattas fraudulently. An FIR was lodged under sections 420, 467, 468 and 471 IPC. The respondents (owners/attorney

SECRETARY, BHUBANESWAR DEVELOPMENT AUTHORITYversusSUSANTA KUMAR MISHRA

2009 INSC 8730 January 2009Appeal(s) allowed

The Bhubaneswar Development Authority (BDA) allotted a MIG house to Susanta Kumar Mishra under a lease‑cum‑sale agreement dated 6‑May‑1991, which required quarterly instalments to be paid from 1‑Sept‑1989 and stipulated interest of 15% per annum on any defaulted instalment. Mishra began paying instalments only from Jun

R.K. ANANDversusREGISTRAR, DELHI HIGH COURT

2009 INSC 95929 July 2009Disposed off

The Supreme Court examined the criminal contempt proceedings against senior advocate R.K. Anand and former special public prosecutor I.U. Khan arising from a televised NDTV sting operation that captured their alleged attempts to influence a prosecution witness in the high‑profile BMW hit‑and‑run trial. The Court held t

KARNAIL SINGHversusSTATE OF HARYANA

2009 INSC 95829 July 2009Reference answered

The Supreme Court examined two criminal appeals arising from convictions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where police officers had acted on prior information without first recording it in writing or sending a copy to their superior as required by Section 42. Conflicting precedents – Abdu

KAMALAVVA & ANR.versusSTATE OF KARNATAKA

2009 INSC 96329 July 2009Dismissed

The deceased Shoba was burned to death by her mother‑in‑law and sister‑in‑law. A dying declaration was recorded by a Taluka Executive Magistrate on 9 April 1995 in the presence of a doctor, and the formal FIR was lodged on 12 April 1995. The appellants challenged their conviction under Section 302 read with Section 34

STATE OF MAHARASHTRAversusDNYANESHWAR LAXMAN RAO WANKHEDE

2009 INSC 96429 July 2009Dismissed

The State of Maharashtra appealed the acquittal of Head Constable Dnyaneswar Laxman Rao Wankhede, who was convicted by a Special Judge for demanding illegal gratification under Section 7(1) of the Prevention of Corruption Act, 1988. The prosecution’s case rested on two panch witnesses; one died during trial and the sur

DY. COLLECTOR, LAND ACQUISITION, GUJARAT & ANR.versusMADHUBAI GOBARBHAI & ANR.

2009 INSC 96529 July 2009Disposed off

The State of Gujarat acquired large tracts of agricultural and non‑agricultural land in three villages for the construction of a dam, leading to disputes over the compensation payable under Section 23 of the Land Acquisition Act, 1894. The appellants challenged the High Court’s awards, arguing that the market value of

PRIYA VASANT KALGUTKARversusMURAD SHAIKH & ORS.

2009 INSC 96729 July 2009Dismissed

A nine‑year‑old girl suffered a 10% permanent disability in a motor vehicle accident and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 72,785, but the Karnataka High Court enhanced the award to Rs 1,12,000 without providing reasons. The Supreme Co

G. SOMESHWAR RAOversusSAMINENI NAGESHWAR RAO & ANR. ETC.

2009 INSC 96829 July 2009Dismissed

The respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the appellant had issued a pronote and a cheque which later bounced. The appellant claimed the documents were forged and applied to a magistrate for their examination by a handwriting expert; the application was dismissed

RAJNI TANDONversusDULAL RANJAN GHOSH DASTIDAR AND ANR.

2009 INSC 96929 July 2009Appeal(s) allowed

The appeal concerned a sale deed of a flat that was executed by Indra Kumar Halani under a power of attorney granted by Nandalal Tantia and subsequently presented for registration. The High Court held that because the power of attorney was not registered under Section 33 of the Registration Act, 1908, Halani could not

M/S. QAZI NOORUL H.H.H. PETROL PUMP & ANR.versusDY. DIRECTOR, ESI CORPORATION

2009 INSC 97029 July 2009Dismissed

The appellant, a petrol pump operator, challenged an order directing him to pay contributions under the Employees' State Insurance Act, 1948, arguing that his premises did not qualify as a "factory" within the meaning of the Act. The central issue was whether the activity of pumping petrol/diesel constituted a "manufac

SUKANTI MOHARANAversusSTATE OF ORISSA

2009 INSC 97229 July 2009Dismissed

The appellant, Sukanti Moharana, was convicted under Section 302 IPC for allegedly pouring kerosene on her sister-in-law and setting her on fire, resulting in extensive burn injuries and death. The conviction was based primarily on a written dying declaration recorded by a doctor and an oral dying declaration made to t

PRABHJOT SINGH MAND & ORS.versusBHAGWANT SINGH & ORS.

2009 INSC 96129 July 2009Disposed off

The dispute concerned inter‑se seniority between direct recruits and promotee officers in the Punjab Civil Services (Executive Branch) Rules, 1976, and the consequent promotion of direct recruits to the Indian Administrative Service. The Punjab High Court had stayed the reversion of a promotee officer without a specifi

M. YOGENDRA & ORS.versusLEELAMMA N. & ORS

2009 INSC 96229 July 2009Appeal(s) allowed

K. Doddananjundaiah, a coparcener, had three daughters by his first wife and a son Dinesh by a second wife Yashodamma. After K's death, the daughters (appellants) claimed a one‑third share of the partitioned property, contending that the second marriage was void and that Dinesh, born after the Hindu Succession Act 1956

NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION

2009 INSC 96629 July 2009Disposed off

Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery Tribunal (DRT) for

M/S. STEEL AUTHORITY OF INDIA LTD.versusS.U.T.N.I. SANGAM & ORS.

2009 INSC 97129 July 2009Disposed off

The Steel Authority of India Ltd. (SAIL) acquired land for a steel plant, awarding compensation to landholders; some accepted the award without protest, others accepted under protest and filed applications for reference under Section 18 of the Land Acquisition Act, 1894. The High Court directed the authorities to compl

STATE OF H.P .versusSURESH KUMAR @ DC

2009 INSC 85129 May 2009Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal High Court’s acquittal of Suresh Kumar, who had been convicted by the Sessions Court for raping a minor girl and wrongful confinement under IPC sections 376 and 342. The victim, a girl aged between 5 and 12, identified the accused as her rapist and her testimo

GOVINDARAJUversusSTATE OF KARNATAKA

2009 INSC 84829 May 2009Dismissed

The appellant Govindaraju was convicted under Section 3048 of the IPC for the death of his wife Susheela, who died from burn injuries within seven years of marriage. The prosecution alleged that the husband and his family demanded dowry, harassed Susheela for non‑payment, and subjected her to cruelty, leading to her un

SIKKA PAPERS LTD.versusNATIONAL INSURANCE CO. LTD. & ORS.

2009 INSC 84929 May 2009Dismissed

Sikka Papers Ltd. insured a diesel generating set for Rs.35,00,000 but the set broke down and the insurer appointed a surveyor who allowed reimbursement only for parts damaged in the accident, rejecting claims for wear‑and‑tear replacements. The company paid Rs.25,00,000 for repairs and claimed the full amount plus Rs.

RAMDASversusSITABAI & ORS.

2009 INSC 85029 May 2009Dismissed

The suit was filed by Sitabai seeking partition and possession of four plots left by her father Sukha, claiming a half share as a co‑sharer with her brother Sudam. Sudam had sold one of the plots (Gat No.19) to Ramdas without Sitabai's consent. The trial court awarded shares, the first appellate court declared Sitabai

BHAIRON SINGHversusSTATE OF MADHYA PRADESH

2009 INSC 85229 May 2009Appeal(s) allowed

Bhairon Singh was convicted under Section 498A IPC for cruelty to his wife, based solely on the testimony of the deceased's brothers who recounted her alleged complaints of torture and dowry demands. The wife died accidentally by drowning, and the trial and High Courts acquitted him of dowry death and abetment of suici

P.G. INSTITUTE OF MEDICAL EDUCATION & RESEARCH CHANDIGARHversusJASPAL SINGH & ORS.

2009 INSC 85329 May 2009Dismissed

The Supreme Court examined a complaint under the Consumer Protection Act, 1986 alleging that PGI, Chandigarh and its staff negligently transfused mismatched blood to a burn‑patient, leading to her death. The patient had 50% burns, improved after initial treatment, but after receiving B+ blood instead of her A+ group on

MANJU RAM KALITAversusSTATE OF ASSAM

2009 INSC 85429 May 2009Case Partly allowed

Manju Ram Kalita married the complainant in 1992 and a child was born in 1993. The wife left the matrimonial home while pregnant in 1993 and discovered in 1997 that the husband had contracted a second marriage. She filed an FIR under Sections 498A (cruelty) and 494 (bigamy). The trial court, appellate court and High Co

DAUNA DEVIversusSTATE OF BIHAR

2009 INSC 63829 April 2009Appeal(s) allowed

The appellant Dauna Devi was convicted along with another accused for murder and concealment of body under Sections 302 read with 34 and 201 IPC, based solely on circumstantial evidence that the dead child's body was recovered from a house allegedly belonging to the accused. The prosecution alleged that the appellant h

TIPPARAM PRABHAKARversusTHE STATE OF ANDHRA PRADESH

2009 INSC 63929 April 2009Appeal(s) allowed

The appellant A2 and two others were charged with murder under Section 302 read with Section 34 of the IPC for the death of Damera Shiva Kumar. The prosecution relied on the "last‑seen" theory, stating that A2 and A3 had taken the deceased on a motorcycle shortly before the body was found, and on the discovery of the a

STATE OF U.P.versusHARI CHAND

2009 INSC 64029 April 2009Appeal(s) allowed

The State of Uttar Pradesh prosecuted Hari Chand and Jautam alias Andhi for murder under IPC s.302, alleging they caught the victim, Mool Chand, and shot him at close range. The trial court convicted them based on the consistent testimony of three eye‑witnesses and corroborating medical evidence of four firearm wounds.

STATE OF RAJASTHANversusJAGDISH PRASAD

2009 INSC 64229 April 2009Appeal(s) allowed

Jagdish Prasad was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced by the trial court to six months' rigorous imprisonment, the minimum punishment prescribed. The Rajasthan High Court commuted the sentence to a fine of Rs.6,000 and directed the appropriate Government to

HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR.versusSATISH HANS

2009 INSC 64329 April 2009Appeal(s) allowed

The dispute involved a shop allottee who had paid Rs.82,000 and Rs.207,000 for a plot purchased at auction in 1993, but the developer (HUDA) resumed the plot due to non‑payment of further installments. The allottee filed a complaint under Section 12 of the Consumer Protection Act, 1986, before the District Consumer Dis

LAXMINARASAMMAversusA. YADAIAH (DEAD) & ORS.

2009 INSC 64429 April 2009Disposed off

The Supreme Court examined an appeal arising under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, where a Special Court had held that certain land belonged to a temple and that the respondent, a temple priest, could not be evicted. The key question was whether the Special Court, a tribunal created under the

GEORGE PON PAULversusKANAGALET & ORS.

2009 INSC 64529 April 2009Disposed off

The appellant was convicted under Sections 326 and 452 of the Indian Penal Code for trespassing into a house and causing grievous hurt with a dangerous weapon. The trial court sentenced him to confinement till the rising of the court and a fine; the Madras High Court enhanced the custodial term to two years of rigorous

NATIONAL ALUMINIUM CO. LTD. & ANR.versusG.C. KANUNGO

2009 INSC 64629 April 2009Appeal(s) allowed

National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of court. The appellan

AHMED ALI & ORS.versusSTATE OF TRIPURA

2009 INSC 64729 April 2009Case Partly allowed

Four accused were tried for offences under the Indian Penal Code, with the trial court convicting two of them under s.324 r/w s.34 and the other two under s.304(II) r/w s.34. The High Court altered the convictions, sentencing Ahmed Ali and Suraj Ali under s.334 r/w s.34 to one year imprisonment each, and Mamud Ali and

MADHUMATI ATCHUT PARASversusRAJARAM V. PARAB & ORS.

2009 INSC 8629 January 2009Appeal(s) allowed

The appellant, owner of agricultural land in Goa, sought a declaration from the Mamlatdar that certain occupants were not tenants under the Goa, Daman and Diu Agricultural Tenancy Act, 1964. The Mamlatdar granted a negative declaration, which was later set aside by the High Court on the ground that Section 7 of the Act

GOVT. OF NCT OF DELHI & OTHERSversusALL INDIA YOUNG LAWYERS ASSOCIATION (REGO.) & ANOTHER

2009 INSC 8529 January 2009Case Partly allowed

The Government of NCT of Delhi appealed against a Delhi High Court order that directed the insertion of Rule 26(B) in the Delhi Higher Judicial Service Rules, 1970, granting a weightage of up to fifteen years of Bar practice for computing pension and other retiral benefits of direct recruits. The petitioners argued tha

A. K. LAKSHMIPATHY (DEAD) & ORS.versusRAI SAHEB PANNALAL H. LAHOTI CHARITABLE TRUST & ORS.

2009 INSC 120428 October 2009Case Partly allowed

The appellants entered into a contract to purchase a trust property, agreeing to pay an advance and the balance by a stipulated date, with a clause stating that time was the essence of the contract. They later demanded that the respondents obtain clearance from the Endowment Department under the Urban Land (Ceiling and

PRABIR MONDAL AND ANR.versusSTATE OF WEST BENGAL

2009 INSC 120328 October 2009Appeal(s) allowed

The appellants Prabir Mondal, others and Mongal Das were convicted under Sections 307 and 34 of the Indian Penal Code for an alleged attempt to murder the complainant in a pump room. The prosecution claimed the victim was attacked with a knife, resulting in incised injuries to his left palm and cheek. The medical injur

H.R. BASAVARAJ (DEAD) BY HIS L. R. S & ANR.versusCANARA BANK & ORS.

2009 INSC 120528 October 2009Appeal(s) allowed

Lokashikshana Trust (LST), a public trust engaged in publishing, incurred several loans to fund its operations, with the loans secured by hypothecation of trust property and a guarantee executed by the deceased surety, H.R. Basavaraj. After prolonged litigation, the trust's assets were taken over by a government‑appoin

JAI PRAKASH GUPTA (D) THR. LRS.versusRIYAZ AHAMAD & ANR.

2009 INSC 120628 October 2009Case Partly allowed

The appellant, the son of a deceased landlord, sought release of a shop under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, claiming bonafide need to set up an office for his chartered‑accountancy practice. The Prescribed Authority rejected the application, but the app

MOHD. ISMAILversusDINKAR VINAYAKRAO DORLIKAR

2009 INSC 120728 October 2009Case Partly allowed

The tenant, Mohd. Ismail, occupied a shop for over 20 years when the landlord, Dinkar Vinayakrao Dorlikar, sought eviction on the ground of bonafide requirement, claiming he and his three sons needed two shops for a kirana business. The Rent Controller, Additional Collector, and the High Court repeatedly affirmed the e

V. RAVI CHANDRANversusUNION OF INDIA & ORS.

2009 INSC 108728 August 2009Hearing Adjourned

Petitioner V. Ravi Chandran filed a writ of habeas corpus under Article 32 of the Constitution seeking custody of his minor son, alleging that the child's mother had taken the child to India in violation of a New York Supreme Court custody order that granted joint custody and later sole legal custody to the petitioner.

Y. SATYANARAYAN REDDYversusMANDAL REVENUE OFFICER, A.P.

2009 INSC 108528 August 2009Dismissed

The appellant, Y. Satyanarayana Reddy, occupied 1 acre 21 guntas of government land in Lingojiguda, Andhra Pradesh. The Mandal Revenue Officer filed a land‑grabbing petition, leading the Land Grabbing Tribunal to order eviction. The Special Court, however, remitted the matter, later allowing the appellant to retain pos

ASHOK K. JHA & ORS.versusGARDEN SILK MILLS & ANR.

2009 INSC 108828 August 2009Dismissed

The employees of Garden Silk Mills were transferred from the Crimping Department to the Twisting Department and claimed that the transfer constituted a change under items 1 and 2 of Schedule II of the Bombay Industrial Relations Act, 1946, requiring notice under Section 42(1). The employer argued that the transfer was

STATE OF TAMIL NADU & ORS.versusAMALA ANNAI HIGHER SECONDARY SCHOOL

2009 INSC 108928 August 2009Appeal(s) allowed

Amala Annai Higher Secondary School was upgraded to a high school in 1988-89 with student strength below the 300‑person threshold required for a Junior Assistant post. The school appointed a Junior Assistant without prior sanction and sought regularisation through a representation to the State Government in 1997, which

MAHESH CHAND SHARMAversusSTATE OF U.P. & ORS.

2009 INSC 109028 August 2009Appeal(s) allowed

The appellant, Mahesh Chand Sharma, purchased land and obtained possession, but the accused (Panna Lal, Ram Babu and Rajkumar) colluded with an area lekhpal to have the property mutated in their names through a false report. The appellant filed a complaint under Section 156(3) CrPC, leading to investigation and a charg

BHUPINDER KUMARversusANGREJ SINGH

2009 INSC 109228 August 2009Dismissed

The appellant Bhupinder Kumar entered into a sale agreement and later sued for specific performance. The trial court decreed specific performance, directing the respondent to execute the sale deed and the appellant to pay the balance within three months. The appellant failed to deposit the balance and applied for an ex

SUCHITA SRIVASTAVA & ANR.versusCHANDIGARH ADMINISTRATION

2009 INSC 108628 August 2009Disposed off

The case concerned a 19‑20‑year‑old woman with mild to moderate mental retardation, an orphan residing in a government welfare home, who became pregnant around the 19th week of gestation after an alleged rape. The Chandigarh Administration sought the High Court’s approval to terminate the pregnancy, invoking the Medica

BIECCO LAWRIE LTD. & ANR.versusSTATE OF WEST BENGAL & ANR.

2009 INSC 95728 July 2009Appeal(s) allowed

Biecco Lawrie Ltd. dismissed a mazdoor, Provash Chandra Mondal, for major misconduct including insubordination and abusive language. The industrial tribunal initially upheld the dismissal, but on remand set it aside, citing violation of natural justice. The High Court affirmed the tribunal’s order, and the employee sou

G. JAYALAKSHMI & ORSversusARULMIGHU PAZKHIKANCHIYA VINAYAGAR & ITS TEMPLE

2009 INSC 95528 July 2009Disposed off

The Supreme Court examined a dispute over whether a shop property belonged to a public temple or to private parties. The temple had previously been declared a public temple in earlier litigation, but the nature of the disputed property was unclear. The Court held that the character of the temple property and the shop p

STATE OF MADHYA PRADESH & ORS.versusRAMESH CHANDRA BAJPAI

2009 INSC 95628 July 2009Appeal(s) allowed

The respondent, a Physical Training Instructor in a Government Ayurvedic College, claimed that his pay should be fixed at the UGC scale granted to teachers in the School Education Department. The High Court had ordered his pay to be fixed in that scale, relying on the doctrine of equal pay for equal work. On appeal, th

UNION OF INDIA & ORS.versusGYAN CHAND CHATTAR

2009 INSC 84528 May 2009Disposed off

The respondent, a cashier in Western Railway, was charged with six allegations of misconduct, including traveling in first class without entitlement, refusing to arrange payments, playing cards while on duty, refusing a control message during a train detention, and demanding a commission. The enquiry officer found all

DAMMU SREENUversusSTATE OF A.P.

2009 INSC 84628 May 2009Dismissed

The appellant, Dammu Sreenu, had an illicit relationship with the wife of the deceased, Sitra Nagarjuna Rao. After the wife was taken away for counseling, the appellant forcibly removed her from her brother's house and kept her for four days, after which the deceased, feeling humiliated, expressed a desire to die and s

STATE OF PUNJABversusMANJIT SINGH & ORS.

2009 INSC 84728 May 2009Dismissed

The accused Kamaljit Singh and Manjit Singh, who were in an illicit relationship with Bhinder Kaur, the wife of Sewa Singh, murdered Sewa Singh and his three sons after the family harassed Bhinder Kaur. The trial court sentenced the two accused to death, while the High Court altered the death sentences to life imprison

M.K. BALAKRISHNAN & ORS.versusUNION OF INDIA & ORS.

2009 INSC 63028 April 2009Hearing Adjourned

The petitioners raised a writ under Article 21 of the Constitution, contending that the chronic shortage of water for drinking and irrigation violated the fundamental right to life. The Court examined precedents that recognized water as an essential component of the right to life, including Delhi Water Supply & Sewage

BANGALORE TURF CLUB LTD.versusREGIONAL DIRECTOR, ESI CORPORATION

2009 INSC 62828 April 2009Matter referred to larger bench

Bangalore Turf Club Ltd. challenged the Regional Director of the Employees' State Insurance Corporation's demand for ESI contributions, contending that as a club it does not qualify as a "shop" under Section 1(5) of the Employees' State Insurance Act, 1948. The central issue was whether turf clubs fall within the defin

KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI

2009 INSC 62928 April 2009Appeal(s) allowed

The workman, a daily‑wage employee of Krishna Bhagya Jala Nigam Ltd., claimed that his termination in 1996 violated Section 25‑F of the Industrial Disputes Act, 1947, and sought reinstatement with back wages. The Labour Court held the termination illegal and ordered reinstatement, but the employer challenged the award

R.R. PILLAI (DEAD) THROUGH LRS.versusCOMMANDING OFFICER HQ S.A.C. (U) AND ORS.

2009 INSC 62628 April 2009Disposed off

The case concerned the legal status of R.R. Pillai, a former Air Force junior warrant officer who, after retirement, was appointed manager of a Unit‑Run Canteen (URC) of the Southern Air Command and paid an honorarium under the Rules regulating civilian employees of Air Force URCs funded from non‑public funds. The issu

STATE OF PUNJABversusNIRMAL KAUR

2009 INSC 63128 April 2009Dismissed

Nirmal Kaur, who operated a coaching centre, was charged under several IPC offences and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The trial court framed charges under the Act, but the High Court quashed them, holding that she was not a public servant. The State appealed,

UNION OF INDIA AND ORS.versusM/S. GREEN ALLOYS P. LTD.

2009 INSC 63228 April 2009Case Partly allowed

The Union of India filed a civil appeal against M/s Green Alloys Ltd. challenging a Punjab & Haryana High Court order that allowed the release of raw material seized under the Central Excise authorities on the sole condition of an undertaking to pay duty, without requiring cash security or a bank guarantee. The dispute

STATE OF GUJARAT AND ANR.versusRAMESHCHANDRA SHIVRATAN KOSAR AND ANR. ETC.

2009 INSC 63328 April 2009Appeal(s) allowed

The State of Gujarat filed complaints alleging that respondents had stored and sold food articles adulterated with saccharin, violating Sections 7(1), 7(5) and 16 of the Prevention of Food Adulteration Act, 1954. The respondents moved the Gujarat High Court under Section 482 of the Code of Criminal Procedure, 1973 to q

TUTUL KUMAR! SENversusSTATE OF JHARKHAND & ANR.

2009 INSC 63428 April 2009Disposed off

The appellant, an informant, lodged an FIR alleging that the respondent had raped her, invoking Sections 376 and 493 of the IPC. The respondent filed an application for discharge under Section 227 of the CrPC, contending that the informant's age was misstated and therefore no offence was made out. The trial court rejec

STATE OF RAJASTHANversusDAUL@ DAULAT GIRI

2009 INSC 63728 April 2009Appeal(s) allowed

The State of Rajasthan charged Daul @ Daulat Giri under Sections 8 and 18 of the NDPS Act for possession of about 6 kg of opium. During the seizure, samples were taken, sealed, and passed through a chain of custody involving the SHO, the Malkhana in‑charge, a police officer (PW5) and a person identified as 'J' (Jamnala

GURMEJ SINGHversusSTATE OF PUNJAB & ANR.

2009 INSC 62728 April 2009Appeal(s) allowed

The appellant, Gurmej Singh, a police officer who was a deemed witness in a criminal trial, challenged a High Court order directing the State to prosecute him without giving him any notice. The Supreme Court held that such directions violated the principles of natural justice, particularly the rules of audi alteram par

BATAKRUSHNA PARIDAversusSTATE OF ORISSA

2009 INSC 63528 April 2009Dismissed

The case arose from a long-standing rivalry between two hamlets of Saruali village. On 2 November 1982, members of the Parida hamlet, armed with lathis and guns, entered the Dehury hamlet. Batakrushna Parida fired a shot that killed Sahadev Dehury and injured others. The trial court convicted Batakrushna under Section

MAL SINGHversusSTATE OF M.P.

2009 INSC 63628 April 2009Dismissed

The case concerns the murder of Jogadia and injuries to his wife Thavlibai and son Thakur Singh in Madhya Pradesh. The trial court convicted Mal Singh, Lal Singh and Juansingh under sections 302, 307 and 323 read with section 34 of the IPC, while acquitting Nanki Bai. On appeal, the High Court altered the convictions,

KAMLAKAR BHIMRAO PATILversusMAHARASHTRA INDUSTRIAL DEV. CORPN.

2009 INSC 8028 January 2009Disposed off

The appellant, a director of M/s Everest Realtors Private Ltd., deposited money for land allotted by the Maharashtra Industrial Development Corporation (the Corporation) but the Corporation later sent a letter refusing to consider the allotment and returned the pay orders without giving any reason. The appellant filed

PARMANAND SINGHversusUNION OF INDIA AND ORS.

2009 INSC 8128 January 2009Disposed off

Parmanand Singh applied for the post of Extra Departmental Branch Post Master, but the Central Administrative Tribunal (CAT) rejected his claim on two grounds: alleged encumbrance of his land and his failure to produce original qualification certificates. The Patna High Court upheld the CAT's decision, dismissing his w

KISHANGIRI MANGALGIRI GOSWAMIversusSTATE OF GUJARAT

2009 INSC 8228 January 2009Case Partly allowed

The appellant, Kishangiri Mangalgiri Goswami, was convicted for abetment of suicide under s.306 IPC, cruelty and dowry harassment under s.498A IPC, and for dowry demand under s.3 of the Dowry Prohibition Act, based largely on letters he allegedly wrote demanding Rs.40,000. He appealed, arguing that the letters were uns

VAARIKUPPAL SRINIVASversusSTATE OF A.P.

2009 INSC 8328 January 2009Dismissed

The appellant, Vmrikuppal Srinivas, was convicted under Sections 498A and 3048 of the IPC for causing the death of his wife by acid. The conviction was based primarily on the victim's dying declaration recorded by a magistrate and an earlier statement to a police constable. On appeal, the appellant argued that the medi

J.L. KOUL & ORS.versusSTATE OF J & K & ORS.

2009 INSC 120027 October 2009Disposed off

The appellants, Kashmiri Pandit retirees who lost their homes in the valley due to militancy, were allowed to retain government‑provided accommodation in Jammu even after retirement for security reasons. Other government employees filed writ petitions seeking those houses, leading the High Court to order eviction of th

JAI BALAJI INDUSTRIES LTD.versusPEC LTD. & ORS.

2009 INSC 120127 October 2009Dismissed

Jai Balaji Industries Ltd. entered into a purchase agreement with a foreign seller for manganese ore and a subsequent High Seas Sale Agreement with PEC Ltd., a government company, which was to act as seller. After the cargo arrived, Jai Balaji tested a small portion, found it sub‑standard and rejected the entire consig

BANDA CHINNA SUBBARAYUDU & ORS.versusTHAILAM VISHANATHA RAO & ANR.

2009 INSC 120227 October 2009Appeal(s) allowed

The appellants obtained a decree for recovery of money and the decree-holder initiated execution proceedings, resulting in the sale of the appellants' property on 25 November 2003. On the same day a third party obtained a stay of the execution proceedings, which remained in force until 2 December 2004. Because of the s

LOKPRAKASHAN LTD.versusKANCHANBHAI KANBHAI TADVI AND ORS.

2009 INSC 108227 August 2009Appeal(s) allowed

Lokprakashan Ltd., a newspaper, applied to Baroda Municipal Corporation for 5,000 sq. m of land. The corporation’s Standing Committee approved the sale, and the Gujarat State Government granted an exemption under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976. After paying Rs 50 lakhs and receiving a p

THE STATE OF MAHARASHTRA & ANR.versusM/S. SUPER MAX INTERNATIONAL PVT. LTD. & ORS.

2009 INSC 108127 August 2009Dismissed

The State of Maharashtra, as landlord, obtained a decree of ejectment against M/s Super Max International, the tenant, under sections 13(3)(a) and 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, on grounds of tax defaults and the landlord's bona‑fide need. The High Court stayed execution

GULAB CHAND PUKHRAJversusR B. JINENDER RAJ & ANR.

2009 INSC 108327 August 2009Appeal(s) allowed

The respondents, co‑owners of two non‑residential shops, were already occupying one shop and sought eviction of the appellant tenant from the other shop under s.10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide need for a jewellery business. The Rent Contro

HARU GHOSHversusSTATE OF WEST BENGAL

2009 INSC 108427 August 2009Disposed off

Haru Ghosh was convicted of murdering a woman (Anima) and her 12‑year‑old son (Subhankar) and of attempting to murder a 60‑year‑old man (Jeevan Krishna) under IPC sections 302, 307 and 326, receiving a death sentence and additional rigorous imprisonments. The Supreme Court examined the voluminous eyewitness and medical

RAMESHversusSTATE OF KARNATAKA

2009 INSC 94727 July 2009Appeal(s) allowed

The case involved five accused in the murder of a truck cleaner and the grievous injury of the driver under sections 302 and 307 IPC. No test identification parade (TIP) was conducted and the appellant (Accused No.3) was not named in the FIR. The trial court relied on the driver’s in‑court identification of the appella

STATE OF MAHARASHTRA & ORS.versusSWANSTONE MULTIPLEX CINEMA (P) LTD

2009 INSC 94827 July 2009Appeal(s) allowed

The State of Maharashtra appealed a High Court order that quashed demand notices issued to Swanstone Multiplex Cinema Ltd. for entertainment duty collected during a period of statutory exemption. The multiplex had collected the full 45% duty from patrons even though the Act provided a three‑year full exemption and a tw

BHASKAR LAL SHARMA & ANR.versusMONICA

2009 INSC 94927 July 2009Appeal(s) allowed

The Supreme Court heard an appeal by Bhaskar Lal Sharma and Vimla Sharma against a Delhi High Court order that quashed a summoning order issued under Sections 498A, 403, 405, 406 and 34 of the IPC. The Court examined the complaint filed by Monica, the wife of Vikas Sharma, and found that the allegations did not satisfy

D. RAMAKRISHNANversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

2009 INSC 95027 July 2009Dismissed

The appellant (Accused No.2) and his co‑accused were convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for unauthorised export of alprazolam, lorazepam and nitrazepam, drugs listed in the Schedule of the Act. The appellant contended that the alleged offence should be dealt with under the D

MONICAversusSATISH SHARMA & ANR.

2009 INSC 95127 July 2009Dismissed

Monica filed criminal proceedings against her husband Satish Sharma and in‑laws, and sought attachment of a jointly‑owned property in Jaipur under Section 83 of the CrPC. She later moved transfer petitions to shift the revision petition, the execution proceedings, and a Section 482 petition from the courts in Jaipur to

V. PADMANABHAMversusGOVERNMENT OF ANDHRA PRADESH & ORS.

2009 INSC 95227 July 2009Dismissed

V. Padmanabham, a Deputy Tehsildar and Director of Civil Supplies, was suspended in 1993 for supplying essential commodities meant for public distribution to private parties, causing a loss of about Rs.12.46 lakh to the State. A departmental enquiry found him guilty and dismissed him in 1994; his appeal was rejected. H

PRESIDENT, PANCHAYAT UNION COUNCILversusP.K. MUTHUSAMY & OTHERS

2009 INSC 95327 July 2009Appeal(s) allowed

The Madras High Court ordered that a specific government building, the old Block Development Office, be allotted for the District Munsif‑cum‑Judicial Magistrate Court at Pennagaram Taluk, Dharmapuri District. The appellants challenged this order before the Supreme Court, arguing that the High Court exceeded its jurisdi

ASSISTANT COMMR. (CT) LTU AND ANR.versusAMARA RAJA BATTERIES LTD.

2009 INSC 95427 July 2009Disposed off

The Supreme Court examined the interpretation of Government Order (G.O.) No.108 dated 20‑05‑1996, issued by the Government of Andhra Pradesh under its Target‑2000 industrial policy, which granted sales‑tax deferment/exemption to existing units expanding their capacity. The respondents, industrial units, claimed the ben

FIZA DEVELOPERS & INTER-TRADE P. LTD.versusAMCI (I) PVT. LTD. & ANR.

2009 INSC 94627 July 2009Dismissed

Fiza Developers & Inter‑Trade Ltd. challenged an arbitral award of Rs 57.6 crore by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, seeking its setting aside. The respondent filed a written statement and the appellant moved the City Civil Court to frame issues under Order 14 Rule 1

MODERN DENTAL COLLEGE & RESEARCH CENTRE & ORS.versusSTATE OF MADHYA PRADESH & ORS.

2009 INSC 84427 May 2009Hearing Adjourned

The Supreme Court examined the Madhya Pradesh Niji Vyavsayik Shikshan Sansthan (Admission Regulation and Fee Determination) Act, 2007, which appeared to vest the State with complete control over admissions and fee fixation in private unaided medical and dental colleges. Relying on earlier judgments (T.M.A. Pai Foundati

MASROORversusSTATE OF U.P. & ANR.

2009 INSC 61327 April 2009Appeal(s) allowed

Masroor filed a criminal appeal against the State of U.P. seeking cancellation of bail granted by the Allahabad High Court to the second accused, Chhunnu @ Chhidda, who was charged with offences under IPC sections 147, 148, 149, 302 and 307 arising from a mob attack that resulted in two deaths and multiple injuries. Th

V.G. SHANKARANARAYANA BHATversusGIRIJA (D) BY LRS. & ANR.

2009 INSC 61427 April 2009Appeal(s) allowed

The original landlord Govinda Bhat leased agricultural land to Kariyappa Gowda, who died in 1960. After his death, Jinnappa Gowda, his son, entered into a tenancy agreement on 5 November 1961 and later surrendered most of the land by a deed before a Munsif on 5 March 1968, an act later deemed to be under Section 25 of

RAMESHBHAI CHANDUBHAI RATHODversusSTATE OF GUJARAT

2009 INSC 61527 April 2009Matter referred to larger bench

The appellant, a watchman, was convicted of kidnapping, rape, robbery and murder of a ten‑year‑old girl based solely on circumstantial evidence and an extra‑judicial confession. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether the circumstantia

STATE OF RAJASTHANversusHEMRAJ & ANR.

2009 INSC 61627 April 2009Dismissed

The State of Rajasthan appealed against the acquittal of Hemraj and Kamla (a woman) on charges of gang rape under Section 376(2)(g) IPC. The trial court had convicted Hemraj under Section 342 IPC and held that Kamla could not be convicted under the gang‑rape provision. The High Court affirmed this view, finding insuffi

SRI KRISHNA TYRES AND ANR.versusJ. K. INDUSTRIES LTD. AND ANR.

2009 INSC 61727 April 2009Disposed off

In a criminal trial (CC 341/99), the trial court allowed the examination of three defence witnesses. Respondent No.1 challenged this order by filing a revision petition. The Andhra Pradesh High Court, relying on an earlier stay order, suspended the trial court's order and directed the trial court to dispose of the case

KIRENDER SARKAR AND ORS.versusSTATE OF ASSAM

2009 INSC 61827 April 2009Dismissed

The incident involved a group of armed assailants who entered a school, assaulted a clerk and confined him. A teacher (PW‑1) lodged an FIR naming several accused, but some appellants were not mentioned in the FIR. The accused were convicted under Sections 147, 448 and 323 of the Indian Penal Code. On appeal, the appell

STATE OF RAJASTHANversusYUSUF

2009 INSC 61927 April 2009Dismissed

The accused Yusuf was convicted for murder under Section 302 IPC based primarily on the victim Sugra's dying declaration. The Rajasthan High Court acquitted him, holding that the dying declaration contained false statements about pregnancy, marital status, and family members, rendering it unreliable. The State appealed

SRI KISHAN & ORS.versusTHE STATE OF HARYANA

2009 INSC 62027 April 2009Dismissed

The case involved eleven accused who were convicted of offences under Sections 148, 149, 302 (Part II), 325, 324 and 323 of the IPC for forming an armed unlawful assembly that resulted in the death of Habib. The State and the complainant appealed the acquittals on the main charge of murder, while the accused challenged

SANJEET KUMARversusSTATE OF BIHAR & ANR.

2009 INSC 62127 April 2009Appeal(s) allowed

Respondent No.2 lodged a police FIR and, a week later, the appellant filed a criminal complaint. The respondent sought discharge of the complaint under Section 245 CrPC, which was denied, and then moved a petition under Section 482 CrPC alleging that the complaint was a retaliatory "counter‑blast". The Patna High Court

MATHURA SINGH & ORS.versusSTATE OF U.P.

2009 INSC 61227 April 2009Disposed off

The appellants were convicted by a trial court for offences under Sections 307 and 323 read with Section 34 of the IPC, which the High Court later altered to Sections 324 and 323 read with Section 34. Both the complainant and the accused filed an application under Section 320 of the Code of Criminal Procedure seeking p

KAILASHI BAIversusAARTI ARYA & ANR.

2009 INSC 62227 April 2009Dismissed

The case concerned the alleged abetment of suicide by Kailashi Bai, the wife of a deceased civil judge, under Sections 306 and 107 of the IPC. The prosecution alleged that she harassed her husband because of caste differences, leading to his suicide, and filed a charge sheet. Kailashi Bai filed a petition under Section

STATE OF U.P. (NOW UTTARAKHAND)versusRABINDRA SINGH

2009 INSC 62327 April 2009Dismissed

The State of Uttar Pradesh (now Uttarakhand) appealed against a High Court order that had allowed the writ petition of Rabindra Singh, who occupied a 4.10‑bigha plot of agricultural land. The central question was whether land covered by Section 3(14) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 f

KATLA MUTHYAL NAIDUversusKOTHAPALLE VENKATAPPA NAIDU AND ORS.

2009 INSC 62427 April 2009Appeal(s) allowed

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's dismissal of the appeal on the ground that the plaint did not contain a specific plea of adverse possession. The Supreme Court examined the averments in paragraphs 2 and 4 of the plaint, which expres

STATE OF M.P.versusVIRENDRA KUMAR TRIPATHI

2009 INSC 61127 April 2009Appeal(s) allowed

The State of Madhya Pradesh charged Virendra Kumar Tripathi, a former Forest Department ranger, under Sections 13(1)(c) and 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Tripathi contended that the investigation was conducted by an unauthorised officer and t

UNION OF INDIA & ORS.versusG. ANNADURAI

2009 INSC 62527 April 2009Appeal(s) allowed

G. Annadurai, a constable of the CRPF, was arrested in a theft case and released on bail on 14 August 1997 but failed to report for duty thereafter. He was declared a deserter on 19 December 1997 and a departmental enquiry under Section 11(1) of the Central Reserve Police Force Act, 1949 was instituted. Despite multipl

COMMISSIONER OF CUSTOMS & CENTRAL EXCISEversusM/S. HONGO INDIA (P) LTD. & ANR.

2009 INSC 41427 March 2009Dismissed

The Commissioner of Customs & Central Excise filed a reference application under Section 35H(1) of the unamended Central Excise Act, 1944, seeking the High Court’s direction to refer a question of law to the Appellate Tribunal, but the application was filed after the statutory period of 180 days. The High Court dismiss

GOPALversusSTATE OF M.P.

2009 INSC 41827 March 2009Appeal(s) allowed

Gopal (A‑1) and Amal Singh (A‑2) were convicted for the murder of Saraswati Bai under IPC 302 read with Section 34. The prosecution’s case rested on two dying declarations: the first recorded by ASI Bairam (PW‑8) and a later one recorded by Executive Officer R.K. Dimole (PW‑9). The Supreme Court found that the later de

STATE OF ORISSA & ANR.versusBILASH CHANDRA OJHA

2009 INSC 41927 March 2009Appeal(s) allowed

Bilash Chandra Ojha, a compositor engaged on a casual basis by a printing press of the Orissa Government's Agricultural Department, was terminated in October 1981. He claimed the termination was illegal under Section 25F of the Industrial Disputes Act, 1947, asserting that he had worked more than 240 days in the preced

KRISHNA KUMAR SHARMAversusRAJESH KUMAR SHARMA

2009 INSC 42027 March 2009Case Partly allowed

The dispute arose between step‑brothers over the validity of a registered will and the right to obtain probate or letters of administration under the Indian Succession Act, 1925. The respondent claimed the will was valid, while the appellant sought probate. The central legal question was whether Article 137 of the Limi

RAVI GUPTAversusCOMMISSIONER SALES TAX, DELHI AND ANR.

2009 INSC 41627 March 2009Disposed off

Ravi Gupta, a dealer registered under the Delhi Sales Tax Act, 1975 and the Central Sales Tax Act, 1956, faced a tax demand of about Rs.8.3 crore for failing to furnish mandatory declaration forms. He appealed before the Appellate Tribunal (VAT Delhi) and sought relief under Section 43(5) of the Delhi Sales Tax Act to

BANK OF INDIA & ANR.versusK. MOHANDAS & ORS.

2009 INSC 41727 March 2009Dismissed

The Supreme Court considered whether employees of several public sector banks who had completed twenty years of service and retired under the Voluntary Retirement Scheme 2000 (VRS 2000) were entitled to the five‑year notional service addition provided by Regulation 29(5) of the Pension Regulations, 1995. The banks argu

KALIBEN RABARIversusSTATE OF GUJARAT & ORS.

2009 INSC 42127 March 2009Disposed off

Kaliben Rabari was convicted under IPC Section 304 (Part I) and sentenced to ten years' imprisonment, with a compensation award of Rs.5 lakh under Sec.357 of the CrPC. The Gujarat High Court altered the conviction to Section 304 (Part II), reduced the imprisonment to two and a half years, and also reduced the compensat

POOJA BATRAversusUNION OF INDIA & ORS.

2009 INSC 42227 March 2009Appeal(s) allowed

The appellant, Pooja Batra, filed a writ petition seeking the release of her husband, Deepak Kumar (Deepak Batra), who had been detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Detaining Authority based the detention on alleged mis‑declara

K.A. NAGAMANIversusINDIAN AIRLINES & ORS.

2009 INSC 42327 March 2009Dismissed

K.A. Nagamani, a former programmer and Assistant Manager (Systems) with Indian Airlines, challenged the promotion of three colleagues to Deputy Manager (Maintenance/Systems) and the merger of hardware and software cadres, arguing that the Recruitment and Promotion Rules were statutory and could not be overridden by an

NEW INDIA ASSURANCE CO. LTD.versusSATBIR AND ORS.

2009 INSC 41527 March 2009Dismissed

The case arose from a motor accident in which the driver of a Tata 407 vehicle, Rajesh, died. The Motor Accident Claims Tribunal awarded Rs.1,50,000 compensation, holding that both the vehicle and a bus driver were contributory negligent and that the liability of the insurer, New India Assurance Co., would be half the

C.K. SASANKANversusTHE DHANALAKSHMI BANK LTD.

2009 INSC 27327 February 2009Case Partly allowed

The appellant, C.K. Sasankan, sought recovery of a loan taken by his father from Dhanalakshmi Bank and challenged the interest awarded by the Debt Recovery Tribunal, which was 25% from filing to judgment and 19.4% thereafter. He argued that such rates were excessive and violated Section 34 of the Code of Civil Procedur

NIFTY CHEMICALS PVT. LTD.versusUNION OF INDIA

2009 INSC 27427 February 2009Disposed off

The petitioners, non‑core linked coal consumers, had paid an extra amount (one‑third of the enhanced price) under an interim Supreme Court order pending the validity of the E‑auction scheme. The scheme was later declared ultra vires of Article 14 and the coal company undertook to refund the extra amount with 12% intere

M/S. DCM LIMITEDversusCOMMISSIONER OF SALES TAX, DELHI

2009 INSC 27527 February 2009Dismissed

M/s DCM Ltd sold chemicals to three purchasing dealers in Delhi under contracts that assigned each dealer an exclusive territory outside Delhi and obliged them to move the goods to those territories for sale. The Assessing Authority treated the transactions as local sales, but the Sales Tax Tribunal and the Delhi High

RANGNATH SHAMAO DHAS & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 27627 February 2009Dismissed After

The deceased Krishna was assaulted with swords and axes by the accused appellants during a land‑related dispute, leading to his death. Eye‑witnesses PW‑4, PW‑5 and PW‑6 identified the appellants and described the assault, while the medical doctor testified that the cumulative effect of the injuries caused death. The tr

VITHAL EKNATH ADLINGEversusSTATE OF MAHARASHTRA

2009 INSC 27727 February 2009Dismissed

Vithal Eknath Adlinge was convicted of murder under Section 302 of the Indian Penal Code based primarily on circumstantial evidence. The trial court and the Bombay High Court found him guilty, citing that the accused was last seen with the victim, the victim was found dead in a pool of blood, there was prior enmity, an

STATE OF PUNJABversusMOHINDER SINGH & ORS.

2009 INSC 27827 February 2009Disposed off

The State of Punjab appealed the Punjab & Haryana High Court's acquittal of six accused who had been convicted by a trial court for murder, culpable homicide, voluntarily causing hurt, and rioting under Sections 302, 450, 324, 148 read with 149 of the IPC. The prosecution alleged that the accused, armed with knives and

SURESHversusSTATE OF HARYANA

2009 INSC 27927 February 2009Dismissed

Seven persons, including the appellant, were charged with assaulting three victims (Ram Sarup, Nakul and Sehdev) using sharp-edged weapons, causing grievous injuries that were medically certified as dangerous to life. Four accused were convicted by the trial court under Sections 326 and 307 read with Section 34 of the

STATE OF U.P.versusSATTAN @ SATYENDRA & ORS.

2009 INSC 28027 February 2009Disposed off

The case involved the brutal murder of six members of a family, including women and children, by a group of accused persons. The trial court sentenced Sattan and Upendra to death under IPC s.302 read with s.149, while others were convicted under various sections. The Allahabad High Court altered the death sentences to

LUNARAMversusBHUPAT SINGH AND ORS.

2009 INSC 28227 February 2009Dismissed

The trial court convicted the accused of murder and offences under the SC/ST Act, but the Rajasthan High Court acquitted them, finding the prosecution's version of events implausible and the eye‑witness testimony unreliable. The State appealed, arguing that the High Court erred in discarding material evidence. The Supr

JOGINDER SINGHversusSTATE OF PUNJAB

2009 INSC 28327 February 2009Dismissed

The appellant, Constable Joginder Singh, was convicted under Section 302 of the Indian Penal Code for shooting and killing Harjinder Singh during a Panchayat election. The prosecution alleged that the accused fired a rifle shot at the victim's head from close range, causing a fatal head injury, and this was corroborate

SAHDEVversusJAIBAR @ JAI DEV & ORS.

2009 INSC 28427 February 2009Appeal(s) allowed

The informant Sahdev appealed a Punjab & Haryana High Court order that upheld convictions of four accused under Sections 307, 326 and 34 IPC for a brutal assault in which one victim lost his memory, but reduced the custodial term for the principal accused Raj Kumar from ten to seven years without providing reasons. The

UNITED INDIA INSURANCE CO. LTD.versusM/S PAYARELAL NIRNAJAN LAL

2009 INSC 28527 February 2009Appeal(s) allowed

The insured, Payarelal Nirnajan Lal, paid a premium cheque to United India Insurance for a marine transit policy, but the insurer rejected the claim alleging no contract existed. The insured filed a complaint before the Rajasthan State Consumer Disputes Redressal Commission, which dismissed it, leading to an appeal bef

CENTRAL BANK OF INDIAversusSTATE OF KERALA AND ORS.

2009 INSC 28627 February 2009Dismissed

The Supreme Court examined whether the statutory first‑charge provisions in the Bombay Sales Tax Act (s.38C) and the Kerala General Sales Tax Act (s.26B) conflicted with the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (ORT Act) and the Securitisation and Reconstruction of Financial Assets and En

AYURVEDIC ENLISTED DOCTOR'S ASSON., MUMBAIversusSTATE OF MAHARASHTRA AND ANR.

2009 INSC 28727 February 2009Dismissed

The petitioners, Ayurvedic practitioners enlisted in the Bihar State Register but lacking recognised qualifications under the Indian Medicine Central Council Act, 1970, claimed a constitutional right to practice throughout India under Article 19(1)(g) and Section 29 of the Central Act, asserting that inclusion in a Sta

ALOK MISHRAversusGARIMA MISHRA

2009 INSC 27227 February 2009Disposed off

Alok Mishra and Garima Mishra filed transfer petitions before the Supreme Court concerning their matrimonial dispute. While the petitions were pending, the parties, with the assistance of mediators from the Delhi High Court Mediation and Conciliation Centre, reached a settlement agreement that provided for a lump‑sum p

VISHNU DUTT SHARMAversusMANJU SHARMA

2009 INSC 28827 February 2009Dismissed

The husband filed a petition for divorce under the Hindu Marriage Act, 1955, alleging cruelty by his wife. The trial court, and subsequently the High Court, found that the wife was the victim of cruelty and that the husband could not establish cruelty on her part. The husband also sought divorce on the ground of "irret

SURAIN SINGHversusSTATE OF PUNJAB

2009 INSC 7427 January 2009Case Partly allowed

Surain Singh, a Patwari, demanded Rs 300 as illegal gratification for entering a mutation entry and was caught red‑handed. He was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to two years’ rigorous imprisonment. On appeal he claimed that the complainant bore a personal grudge an

RAMCHANDRA DHONDIBA KAWAREversusST ATE OF MAHARASHTRA

2009 INSC 7527 January 2009Case Partly allowed

The appellant, Ramchandra Dhondiba Kaware, was convicted by the Sessions Court and upheld by the Bombay High Court for murder (s.302 IPC) of Keru after being identified by two eye‑witnesses. On appeal, the Supreme Court examined the credibility of the witnesses, PW‑1 and PW‑4, and found their testimony reliable. Howeve

STATE OF ORISSA AND ORS.versusBALRAM SAHU

2009 INSC 7727 January 2009Disposed off

Balram Sahu, a Super Class Contractor, challenged the cancellation of his licence and forfeiture of his security deposit. The Orissa High Court, on 13 May 2004, ordered that no cancellation could occur without a show‑cause notice and a hearing. Despite this, the Chairman of the Committee cancelled the licence on 7 Octo

RAJ KUMAR SINGHversusUNION OF INDIA & ORS.

2009 INSC 7827 January 2009Dismissed

Raj Kumar Singh, a rifleman in the Assam Rifles, filed a writ petition claiming he was removed from service on the ground of desertion, alleging that his resignation was not voluntary and that his signature was obtained on a blank paper while he was in illegal detention. The Union of India contended that his resignatio

APARNA GOYALversusRAKESH GOYAL

2009 INSC 7327 January 2009Disposed off

In a matrimonial dispute between Aparna Goyal (wife) and Rakesh Goyal (husband), the parties appeared before the Supreme Court Lok Adalat on 6 December 2008 and, with the help of mediators, reached a settlement. The settlement provided that the husband would pay Rs.10,00,000 to the wife as full and final settlement of

AU. KURESHIversusHIGH COURT OF GUJARAT & ANR.

2009 INSC 7927 January 2009Appeal(s) allowed

The appellant, a civil judge of the Gujarat Judicial Service, was accused of misconduct for acquitting an accused and returning seized money, leading to a departmental inquiry and a recommendation for dismissal by the High Court's Disciplinary Committee. The High Court then recommended the dismissal to the State Govern

PARMINDER KAURversusSTATE OF U.P.

2009 INSC 119826 October 2009Appeal(s) allowed

Parminder Kaur, a 74‑year‑old woman, was prosecuted under IPC sections 420, 467, 468 and 471 for allegedly altering dates in certified revenue records used in civil suits she filed in 2002. The FIR was lodged by her brother‑in‑law, Hargursharan Singh, and the High Court refused to quash the criminal proceedings under C

MEDICAL COUNCIL OF INDIAversusMANAS RANJAN BEHERA & ORS.

2009 INSC 119926 October 2009Disposed off

The Medical Council of India (MCI) appealed against a Division Bench of the Orissa High Court that had ordered admission of twelve students to medical courses after the statutory cut‑off date of 30 September. The Supreme Court had previously directed that the time‑schedule in the MCI Regulations must be strictly adhere

STATE OF RAJASTHANversusNARESH @ RAM NARESH

2009 INSC 107826 August 2009Dismissed

The State of Rajasthan appealed the Rajasthan High Court’s acquittal of Naresh, who was charged under Sections 302 and 394 IPC for murdering a woman, amputating her feet, and stealing her jewellery. The trial court had convicted him based on four strands of circumstantial evidence, but the High Court set aside the conv

JARNAIL SINGH & ORS.versusSTATE OF PUNJAB

2009 INSC 107926 August 2009Dismissed

The case arose from a violent dispute over land where the accused forcibly entered a tube well, injured the complainant and migrant labourers, and threw a dead labourer’s body into a canal. The trial court convicted all accused under multiple IPC sections and the Arms Act; the High Court acquitted two co‑accused on the

TAMEEZUDDIN @ TAMMUversusSTATE OF (NCT) OF DELHI

2009 INSC 108026 August 2009Appeal(s) allowed

The appellant was convicted under IPC sections 376 (rape) and 506 (criminal intimidation) based on the testimony of the prosecutrix and her husband, who alleged that the appellant had raped the woman in a factory and threatened her. Medical examination found no injuries and only semen on the victim's swabs and clothing

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