Judgments of 2010

The respondent, a government teacher appointed in 1978, sought correction of his date of birth recorded in his service book after 28 years of service, alleging a clerical error. The Education Officer and Head Master rejected his application, citing Rule 38(2)(f) of the Maharashtra Civil Services (General Conditions) Ru…

The appellant, Mis. Technoglobe, supplied equipment for the Tamil Nadu Film City project and received purchase orders stating that sales tax was exempted by the State Government. The Commercial Tax Officer later denied the exemption for the assessment years 1994-95 and 1995-96, levying tax and penalties, which the appe…

The Supreme Court examined a writ petition filed by Dr. Neeraj Chaubey challenging an advertisement for an Assistant Professor position that required seven years of experience instead of the statutory five years. The Division Bench of the Allahabad High Court, instead of listing the petition, issued directions concerni…

The petitioner, V. Ranganathan, applied for the post of Principal in a Government Higher Secondary School and was placed tenth in the reserve list. He filed an original application before the Central Administrative Tribunal seeking a direction that the UPSC appoint him to the post instead of the selected candidate, N. …

The appellant Sunder Singh was convicted for the murder of six members of his cousin's family by setting their house on fire with petrol, closing the door, and slashing one victim with a sword. The prosecution relied on the surviving victim's eyewitness testimony, the dying declarations of two victims, and forensic evi…

The appellants, who had earlier demanded a compromise in a kidnapping case, allegedly opened fire with country‑made pistols and a rifle, killing three members of the victim's family and injuring three others. The first informant, PW‑1, lodged an FIR within five hours of the incident and identified the accused in both m…

Harjinder Singh was convicted under the Narcotic Drugs and Psychotropic Substances Act and sentenced to ten years' rigorous imprisonment and a fine of Rs. 1 lakh. He appealed to the High Court, but his counsel was absent on the hearing date and no one appeared on his behalf; the High Court nevertheless affirmed the con…

The Trust Jama Masjid Waqf No.31 (landlord) leased land on which a cinema hall was built to M/s Lakshmi Talkies (tenant) under a lease that allowed renewal upon notice and rent escalation. After the lease expired, the landlord invoked Section 29-A of the U.P. Urban Buildings (Regulation of Lettings, Rent and Eviction) …

The appellants purchased land by a registered sale deed dated 21‑May‑1980. The respondents alleged that an earlier agreement to sell the land to a cooperative society in 1976 gave them a right, and they accused the appellants of fraud and land grabbing. A Special Court under the Andhra Pradesh Land Grabbing (Prohibitio…

The deceased Harijana Ayyanna was attacked and stabbed by a group of accused (A1‑A7) who were armed with daggers and a stick. The FIR was lodged promptly and named all the accused. Eye‑witnesses, the deceased's son (PW‑1) and wife (PW‑2), testified that the accused surrounded and stabbed the victim, and their statement…

Virender Prasad Singh filed a petition under Section 482 of the Cr.P.C. seeking re‑investigation of offences (IPC ss. 302, 201, 120‑B) alleged against Rajesh Bhardwaj after a charge‑sheet had already been filed. The Patna High Court, instead of examining the charge‑sheet, directed that a Director General of Police exam…

Miss Pritilata Nanda, a physically handicapped candidate, applied for a Class III post in South Eastern Railway, cleared the written and viva tests and was placed 11th in the merit list. Despite her selection, the railway refused to appoint her because her name had not been sponsored by an employment exchange, as requi…

The father executed a registered Will in 1972 bequeathing property to two sons and two daughters, omitting his eldest son (appellant). After the father's death in 1980, the appellant claimed that the earlier Will had been revoked by two subsequent unregistered Wills dated 25 April 1980 and 2 May 1980, which allegedly g…

The petitioners, including M/s. Jindal Stainless Ltd., challenged the validity of various State entry tax statutes on the ground that they violated Articles 301, 302, 303 and 304 of the Constitution. The Division Bench observed that several High Courts had treated Article 304(a) and 304(b) as independent, concluding th…

M/s Dilawari Exporters (appellant) exported garments to the USA and handed the consignment to Fourways Movers (respondent No.3), which issued a House Air Waybill and, on behalf of Alitalia Cargo (respondent No.1), a Master Air Waybill. The shipment was delayed, leading the exporter to claim damages before the National …

The Union of India challenged the disciplinary orders imposed on railway employees, arguing that retired railway officers could not be appointed as inquiry officers under Rule 9(2) of the Railway Servants (Discipline & Appeal) Rules, 1968, and that the non‑furnishing of Central Vigilance Commission (CVC) advice caused …

The University of Burdwan promoted its non‑teaching staff based on a seniority‑cum‑efficiency criterion adopted by its Executive Council on 26 June 1995. A group of staff members challenged the resolution, and the High Court set it aside, directing the University to obtain the State Government's approval before impleme…

The respondent, a Development Officer of LIC, was dismissed following a departmental inquiry that he alleged was conducted without a copy of the inquiry report and without a proper opportunity to be heard, violating natural justice. In the suit challenging his dismissal, the employer (appellant) did not lead any oral e…

The appellants, daily‑wage workers who had served the Bihar Intermediate Education Council for more than ten years, filed a writ petition seeking regularisation of their services on the basis of paragraph 53 of the Supreme Court’s judgment in State of Karnataka v. Uma Devi. The Patna High Court directed the Council to …

The exporter D.K. Lall shipped goods on an FOB basis but obtained marine cargo insurance by misrepresenting the transaction as CIF, thereby breaching the duty of utmost good faith and lacking insurable interest under the Marine Insurance Act, 1963. The National Consumer Disputes Redressal Commission held the insurer no…

The case concerned the inter‑se seniority of two batches of directly recruited Range Forest Officers in Gujarat – non‑graduates (1979‑81 batch) and graduates (1980‑81 batch). The State Government had initially settled seniority in favour of the graduates by orders dated 12 Oct 1982 and 5 Mar 1987, publishing gradation …

The Union of India filed 62 civil appeals challenging orders of Summary Security Force Courts (SSFC) and the appellate authority under Section 117(2) of the Border Security Force Act, 1968, on the ground that no reasons were recorded for the findings. The Delhi High Court had set aside those orders and directed the app…

The Gyan Mandir Society was required to vacate its school at Tis January Lane after being allotted a new site at Sadiq Nagar. The teachers of the old school filed a writ petition seeking, among other reliefs, that the society absorb the teachers and students from the old school and provide free transportation for the s…

Santuram Yadav and other daily‑wage workers were employed as Nakedar and, facing removal, entered into a compromise with their employer that provided for reinstatement and seniority from their first appointment. The Labour Court initially awarded reinstatement, but the workers were later dismissed again. Their claim fo…

The appeal concerned whether depreciation for computing book profit under Section 115J of the Income Tax Act should be allowed as per Rule 5 of the Income Tax Rules, 1962, rather than Schedule XIV of the Companies Act, 1956. The assessee, a private limited company, had claimed depreciation under the Rules, but the Asse…

The revenue appealed against JOCIL Ltd. challenging the classification of imported crude palm stearin. The importer had declared the product under Chapter 15 sub‑heading 15.11.90.90 as non‑edible industrial grade crude palm stearin, while the customs authorities re‑classified it as RBD palm stearin under Chapter 38 sub…

The appellant's son, Nazhar Ahmed, was arrested at Bangalore Airport with undeclared gold jewellery and later granted bail by a Special Court. He was subsequently detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the Advisory Board confirmed a one‑year d…

Parle Bisleri Pvt. Ltd., the holding company of Parle Exports Ltd. (PEL), manufactured soft‑drink flavours identified by code names that were developed by PEL. The appellant claimed Small Scale Industry (SSI) exemption under Notifications 175/86 and 1/93 for the years 1989‑1994, while the Revenue argued that the cleara…

The appellant, a municipal officer, was accused of demanding a Rs.50 bribe for issuing a tax certificate and was caught in a police‑laid trap using phenolphthalein‑treated currency notes. He was convicted under Sections 7 and 13 of the Prevention of Corruption Act, 1988, and the conviction was affirmed by the High Cour…

Birla Technologies developed software modules for Neutral Glass, which later complained of deficiencies. The respondent filed a consumer complaint alleging deficiency in services. The State Consumer Commission dismissed it, holding the respondent was not a consumer. The National Commission reversed part of that decisio…

The State of Uttar Pradesh sought to fill 367 reserved‑category vacancies through a special recruitment, treating them as backlog vacancies, while eight general‑category candidates challenged this exclusion as illegal. The High Court held the State’s action unjustified and ordered a fresh result as if the vacancies wer…

The All India Allahabad Bank Retired Employees Association filed writ petitions seeking gratuity under the Payment of Gratuity Act, 1972, alleging that the bank’s pension scheme, which employees had opted for, could not deprive them of statutory gratuity. The Allahabad High Court held that the retirees were entitled to…

The petitioner, a widow of an army major, sought proper fixation of her pension and arrears, receiving only a nominal amount. The Court observed widespread discontent among serving and retired armed forces personnel regarding pay, pensions, and rehabilitation, and noted that existing mechanisms were inadequate. Exercis…

Amar Singh and Jaya Pradha, both Members of Parliament, filed writ petitions under Article 32 challenging the threat of disqualification after being expelled from the Samajwadi Party, relying on the Supreme Court's decision in G. Viswanathan's case. They argued that the decision improperly extended the Tenth Schedule's…

The Ishwar Nagar Cooperative Housing Society expelled Dr. Parmanand Sharma, a member since 1961, after he purchased a property in Delhi in the name of his Hindu Undivided Family. The Society relied on Rule 25(1)(c)(i) of the Delhi Cooperative Societies Rules, 1973, which disqualifies members who own a residential house…

The Transport & Dock Workers Union and two typist‑cum‑computer clerks challenged the Mumbai Port Trust’s policy of fixing longer daily working hours for clerks appointed after 1‑Nov‑1996, alleging discrimination and violation of Article 14 of the Constitution. The Trust argued that the differential hours were necessary…

The appellants were convicted of murder under Sections 302 and 34 of the IPC based primarily on the testimony of the deceased's wife, corroborated by the investigating officer and a post‑mortem report. They challenged the conviction on several grounds, including that the FIR was lodged after the inquest report and ther…

The Supreme Court dismissed appeals by M/s. Sushi La Chemicals Pvt. Ltd. and another appellant challenging the suspension of coal supplies by Bharat Coking Coal Ltd. (BCCL) under a Fuel Supply Agreement (FSA). The suspension was based on a CBI FIR alleging that the appellants were diverting allotted coal to the open ma…

The Supreme Court examined whether Bharat Coking Coal Limited (BCCL) could suspend coal supplies to 45 industrial consumers under a Fuel Supply Agreement (FSA) when no FIR had been filed against those consumers. The Court noted that Clause 4.4 of the FSA and the 2007 New Coal Distribution Policy permit suspension only …

Surendra Pratap Singh filed an FIR alleging that his brother was murdered by four persons, including MLA Brijesh Mishra. While three accused were arrested, the MLA evaded arrest and later secured a transfer of the investigation to the CBI, after which the Uttar Pradesh government withdrew eight cases against him. The p…

The land of the appellants was acquired under the Land Acquisition Act, 1894, with a notification dated 5 March 1983 and an award on 1 March 1984. The owners filed a reference under Section 18 for enhanced compensation, and while the reference was pending, the 1984 Amendment Act introduced Section 23(1A) and a transiti…

The respondents, Alok Fuels Ltd. and others, were supplied coal by Bharat Coking Coal Ltd. (BCCL) under a Fuel Supply Agreement (FSA) that required the coal to be used only in their plants. The Central Bureau of Investigation (CBI) lodged an FIR alleging that the respondents were diverting the allotted coal to the open…

Charutar Arogya Mandal, an unaided medical college in Gujarat, sought to fill its 10% management quota seats by admitting meritorious, economically weaker students under a charitable scheme that required only a token fee of Rs.5,000 per annum, with the balance subsidised as a scholarship. The Gujarat Professional Medic…

The State of Andhra Pradesh appealed against the Andhra Pradesh High Court’s order quashing a criminal proceeding for the alleged transport of 5,040 kg of black jaggery intended for illicit liquor production. The police seized the jaggery, and a chemical examiner reported it was fit for fermentation producing alcohol u…

The importer, N.I. Systems, brought various computer‑based instrumentation items—PXI controllers, I/O modules, signal converters and chassis—into India and classified them under Chapter 84 (8471) as automatic data processing machines. The Customs authorities classified them under Chapter 90 as parts and accessories of …

Senior Advocate Kapil Sibal contributed a message to a literary association's souvenir expressing concerns about the legal fraternity and criticizing certain judicial practices. The message was not released to the press and was circulated only among members, but excerpts were later published in the Times of India, lead…

The Supreme Court examined a dispute between M/s Modern Industries (supplier) and Steel Authority of India Ltd. (buyer) concerning a balance payment and interest under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (as amended 1998). The buyer alleged breach of contract …

The Assistant Commissioner, Commercial Tax Department appealed to the Supreme Court after the Rajasthan High Court dismissed a tax revision petition in a cryptic order that contained no reasons. The appellant argued that the lack of reasons violated principles of natural justice, legitimate expectation, and procedural …

The Department intercepted a vehicle carrying paint buckets whose ST‑18A declaration form was left completely blank, and imposed a penalty under s.78(5) of the Rajasthan Sales Tax Act, 1994 for an alleged intent to evade tax. The penalty was set aside by the appellate authority and the State Tax Board, which the Depart…

The Amravati District Central Co‑operative Bank held an insurance policy with United India Fire & General Insurance covering losses caused by its employees. An employee embezzled several amounts totalling Rs.3.44 lakh. The insurer assessed a reimbursable loss of Rs.29,000, but the bank claimed the full amount. An arbit…

The Chhattisgarh State Electricity Board (CSEB) appealed an order of the Appellate Tribunal for Electricity dated 17 May 2007, filing the appeal on 24 December 2007 and seeking condonation of a 160‑day delay. The Court was asked to decide (i) whether Section 5 of the Limitation Act, 1963 could be invoked to extend the …

The Rajasthan Commercial Tax Department assessed a higher sales tax rate of 12% on "ballies" sold by M/s Rijhumal Jeevandas, treating them as timber, while the normal rate for goods was 8%. The assessee appealed and the Deputy Commissioner (Appeals) and the Rajasthan Tax Board held that ballies are not timber and set a…

Vijaya Bank claimed deductions under Section 36(1)(vii) of the Income Tax Act, 1961 for bad debts in the assessment years 1993‑94 and 1994‑95. The bank had created a provision, debited the profit and loss account and simultaneously reduced the Loans and Advances/ Debtors on the balance sheet, but it did not close each …

The respondents, Inspectors of Agricultural Minimum Wages (AMW), claimed parity in pay with three other categories of inspectors who were placed in a higher pay scale after the West Bengal Services Revision of Pay and Allowances Rules, 1981. They argued that earlier all four posts were in the same pay scale and therefo…

Oil and Natural Gas Corporation Ltd., a public sector undertaking, had borrowed foreign loans for revenue and capital purposes and revalued these loans in Indian rupees at each balance‑sheet date. It claimed the foreign‑exchange loss on revenue‑account loans as a deduction under Section 37(1) and sought to increase the…

The appellant, P.K. Mohan Ram, sought partition of his share in a property that the original owner had earlier executed a document titled "Settlement Deed" in favour of 16 relatives. The respondents claimed the document was a will obtained by fraud and that the settlor later executed a revocation deed and a will. The t…

PTC India Ltd and other traders challenged the Central Electricity Regulatory Commission's (CERC) Fixation of Trading Margin Regulations, 2006, alleging they were ultra vires. They appealed to the Appellate Tribunal for Electricity, which dismissed the appeal, directing them to seek judicial review. The Supreme Court e…

The appellant, National Small Industries Corporation Ltd., filed criminal complaints under Section 138 read with Section 141 of the Negotiable Instruments Act against the managing director and a director of the defendant company for dishonoured cheques. The High Court quashed the summoning orders against the director(s…

Ajmer Singh was apprehended by police who, after giving him a choice under Section 50 of the NDPS Act, searched his bag and recovered 500 g of charas. He was convicted under Section 20 of the NDPS Act. On appeal he argued that the search violated Section 50, that the prosecution’s evidence lacked independent witnesses,…

The respondents were engaged as casual labourers in the Ordnance Factory Board from 1981 to 1983 and were disengaged because they were not recruited through the Employment Exchange as required then. They filed petitions before the Central Administrative Tribunal (CAT) seeking re‑engagement and regularisation, relying o…

The case arose from a land‑dispute in which Gurcharan Singh attacked Bakhtawar Singh with a gandasa, after which Darshan Singh, the son of Bakhtawar, fired two shots from his licensed gun, killing Gurcharan Singh. The accused pleaded private defence, claiming a reasonable apprehension of death or grievous hurt. The tri…

The accused entered a residential house at midnight armed with knives, intending to commit robbery. When confronted by the deceased, a scuffle ensued; A2 stabbed the deceased in the abdomen and a witness, while A1 also stabbed the deceased and threatened other occupants. The deceased died on the way to the hospital. Th…

The appellant, a Railway Board employee promoted to Stock Verifier, received three advance increments for passing a prescribed examination. The Railway Board issued communications in 1995 and 1996 stating that such increments are "additional" and should not be treated as part of basic pay for calculating dearness allow…

The Uttar Pradesh Panchayat Laws (Amendment) Act, 2007 abolished the post of Up‑Pramukh in Kshettra Panchayats but retained a non‑obstante clause in section 7(3) stating that those elected before the amendment would continue to hold office as such until their term ends. A dispute arose whether a senior Up‑Pramukh could…

The State of Maharashtra appealed against a Bombay High Court order that quashed a Collector’s directive, issued on the instructions of the Chief Minister, which required police to obtain clearance from a District Anti‑Money Lending Committee and a legal opinion before registering any FIR against Gokulchand Sananda and…

After the mother died shortly after giving birth, the child was placed with his maternal grandfather, who applied for guardianship under the Guardians and Wards Act, 1890. The father also filed a petition for custody under the same Act. The District Judge appointed the grandfather as guardian until the child turned 12,…

The appellant, Rama Devi, was charged under IPC sections 406, 420, 465, 468 and 120‑B for allegedly conspiring with her vendor to sell a plot of land to the complainant despite knowing it had been previously transferred. The trial magistrate took cognizance of the complaint, and the appellant sought to quash the procee…

In 1952 G. Pullareddy gifted a life estate in his share of family property to his wife Sheshamma, stipulating that after her death the property would pass to his minor son G. Ramireddy. After Pullareddy's death, Sheshamma executed relinquishment, sale deeds and a will. Ramireddy sued to declare those deeds void, and th…

Azad Coach Builders was contracted by an exporter to fabricate bus bodies according to a foreign buyer’s specifications, after which the bodies were mounted on chassis and exported as complete buses. The assessee claimed exemption from State sales tax under Section 5(3) of the Central Sales Tax Act, arguing that the sa…

The Supreme Court examined the murder of Chand Khan and his son Shabir Khan, for which five appellants were convicted under Section 302 read with Section 34 of the IPC. The appellants challenged the conviction on grounds that no charge under Section 34 was framed, that the injuries could not be linked to them due to co…

An amicus curiae, senior advocate Harish N. Salve, brought to the Supreme Court's notice statements made by senior advocate Prashant Bhushan in a Tehelka interview alleging widespread corruption in the higher judiciary and specifically imputing misconduct against Chief Justice S.H. Kapadia. The Court, on 6 November 200…

The Supreme Court examined the conviction of Durga Prasad and others under IPC sections 498-A and 304-B for the alleged dowry death of Kripa Bai, who committed suicide within seven years of marriage. The trial and High Courts had relied solely on the testimony of the victim's mother and brother, alleging cruelty and ha…

The appellant Niranjan Panja was convicted under Section 302 IPC for the murder of Haripada Samanta based largely on circumstantial evidence, including the alleged discovery of a blood‑stained weapon that was never produced in court and the claim that the victim was last seen with the accused. The prosecution failed to…

The CFA Institute and its representative issued a public notice titled "A Word of Caution" warning prospective students about the use of the CFA trademark by the Institute of Chartered Financial Analysts of India (ICFAI) after an interim injunction was granted against ICFAI. ICFAI filed a private criminal complaint all…

The appellant, Speedline Agencies, occupied a building and land leased from United Coffee Supply Co. Ltd., later renamed Stanes Tea and Coffee Ltd., for over four decades. The landlord filed a petition under sections 10(3)(a)(i) and (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 seeking eviction f…

The case arose from a violent dispute over a mango orchard where eleven accused formed an unlawful assembly and attacked the complainant and his two sons, resulting in their deaths. The trial court and High Court convicted all accused under sections 147, 148, 302, 149 IPC and section 27 of the Arms Act. On appeal, the …

The appellant Sudhir Kumar was convicted under Section 304B of the IPC for the dowry death of his wife, Kamlesh Rani, while his mother and other relatives were acquitted. The Supreme Court examined whether the presumption of dowry death under Section 113B of the Evidence Act was rebutted because four of the five accuse…

The case arose from a 1997 incident in which Ramji Tiwari, armed with a double‑barrel gun, shot and killed several persons after being urged by co‑accused. The trial court convicted Ramji under Section 302 IPC and sentenced him to death, while the other four accused were convicted under Section 302 read with Section 10…

The Sainath Mandir Trust, a registered public trust, received a plot of land in 1974 as a gift deed dedicated to the idol of Saibaba, and took possession of it. In 1982 the predecessor of respondents 1‑7 purchased the same plot from the original owner (respondent No.8) by a registered sale deed, but never obtained poss…

The case concerned the renewal and re‑grant of mining leases for iron and manganese ores in Karnataka. Sandur Manganese & Iron Ores Ltd. and MSPL Ltd. challenged the Karnataka State Government’s recommendation to grant a mining lease to Jindal Vijayanagar Steel Ltd. and Kalyani Steels Ltd., arguing that the recommendat…

The case involved a double murder where the deceased Irappa and his brother Kenchappa were killed after confronting Sangappa (A‑1) over an earlier assault on their son. The trial court acquitted all seven accused, but the Karnataka High Court convicted three of them (A‑1, A‑2, A‑4) under section 302 IPC read with secti…

The appellant, Sunita Jha, was charged under Section 498A of the Indian Penal Code for cruelty to the complainant, Asha Rani Pal, on the ground that she was living with Pal's husband as his wife. The trial court rejected her discharge application, and the Jharkhand High Court affirmed that her cohabitation made her a f…

The Supreme Court examined a long‑standing dispute in the Uttar Pradesh Higher Judicial Service concerning the inter‑seniority of officers appointed by direct recruitment from the Bar and those promoted from the Nyayik Sewa and Judicial Magistrates. The petitioners sought to prevent direct recruit appointments until th…

The dispute concerned the inclusion of Rajni Kant and Anjani Kumar as heirs of the late Chandra Deo Singh in land records (khata) under Section 9A(2) of the U.P. Consolidation of Holdings Act, 1953. The respondents claimed they were legitimate children born out of a long‑standing live‑in relationship between the deceas…

The State of Madhya Pradesh prosecuted two individuals under Section 161 IPC and Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 for demanding illegal gratification in connection with an excise licence. A trap was arranged in which the complainant handed over treated currency notes; the deceased acc…

The Supreme Court examined a dispute over a parcel of land in Lucknow Cantonment that had been granted to a civilian on "old grant" (cantonment tenure) terms in 1948 and later sold to the respondent, Kamla Verma, in 1996. The respondent sought de‑hiring of the premises, claiming ownership, but the government argued tha…

The complainant filed a criminal complaint under sections 498‑A, 406, 341, 323 and 120‑B IPC and sections 3 and 4 of the Dowry Prohibition Act against her husband and his immediate relatives, including the married sister‑in‑law (Preeti Gupta) and the unmarried brother‑in‑law (Gaurav Poddar). The trial court issued summ…

A Sub‑Inspector aged 36 died in a motor accident, leaving six dependants who claimed compensation under the Motor Vehicles Act. The Motor Accident Claims Tribunal awarded Rs 14,44,600, which the Delhi High Court enhanced to Rs 14,65,776 by assuming future salary growth, a 30% tax deduction and a 13‑year multiplier. The…

The appellant, an army signalman, stabbed a fellow soldier to death with a concealed kitchen knife after alleging verbal abuse. He was tried by a General Court Martial under Section 302 IPC read with Section 69 of the Army Act, convicted of murder and sentenced to life imprisonment and dismissal from service, a sentenc…

Santosh, a married woman, died from severe burns after allegedly being set alight with kerosene by her husband, brother‑in‑law (Puran Chand) and aunt‑in‑law. A dying declaration was recorded by a First Class Judicial Magistrate after a doctor certified her mental fitness. The trial court convicted all three under IPC s…

A criminal complaint under Section 420 read with Section 120‑B IPC was filed by the father of the respondent alleging that the petitioner, S.P. Gupta, as the attorney of accused No.1, misrepresented the ownership of a property, assuring it was free of encumbrances and that accused No.1 was the sole owner. The trial cou…

The Supreme Court examined appeals by six accused who had been acquitted by the trial court but later convicted by the High Court for murder, attempted murder and offences under sections 149 and 34 of the IPC. The trial court had found the prosecution's evidence unreliable, noting the darkness of the night, lack of tor…

Vijay Kumar Arora was convicted of murdering his wife, who died from over 90% burn injuries. The prosecution proved that the death was homicidal, not suicidal or accidental, through medical evidence, the victim’s verbal dying declaration before six witnesses, and evidence of physical and mental cruelty and extra‑marita…

Ramesh Kumar was appointed on a casual basis as a Mali in the Haryana Public Works Department in December 1991 and was terminated on 31 January 1993 without any notice or retrenchment compensation. He claimed that he had worked more than 240 days in the preceding 12 months, invoking the protection of Section 25F of the…

Oracle Software India Ltd. imported master media containing application software and commercially duplicated it onto blank compact discs (CDs) to sell as software kits. The Income Tax Department denied the company a deduction under Section 801A of the Income Tax Act, arguing that the duplication process did not amount …

The applicants, owners of a resort hotel, applied in 2000‑2001 for an FL‑3 licence under the Kerala Foreign Liquor Rules, which were repeatedly rejected. The Kerala High Court directed that the applications be decided according to the rules as they stood on the date of filing, holding the retrospective amendment adding…

The respondents, employees of Indian Oil Corporation, obtained a writ order regularising their service. The corporation appealed the order, filing its appeal 59 days after the deadline and seeking condonation of delay under Section 5 of the Limitation Act, 1963. The Gauhati High Court Division Bench rejected the condon…

Aurangabad Electricals Ltd., a manufacturer of magneto assemblies, was issued a show‑cause notice alleging that it had undervalued inputs purchased from Bajaj Auto, thereby evading central excise duty. The adjudicating commissioner levied differential duty of Rs.84.27 lakh and a penalty of Rs.69.72 lakh, which the Appe…

The appellant was convicted under Section 307 of the IPC for an offence committed on 6 March 1983, when he was about 15 years old. After serving part of his sentence, he challenged the conviction on the ground that he should be treated as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000…

The Commissioner of Central Excise issued a show‑cause notice to M/s. Bajaj Auto Ltd. alleging that it supplied aluminum ingots to M/s. Anurang Engineering at an under‑valued landed cost, thereby evading excise duty on the finished castings. The adjudicating authority held Bajaj liable for duty, penalty and interest, b…

The President of India referred the conduct of the Haryana Public Service Commission Chairman Mehar Singh Saini and three members to the Supreme Court under Article 317(1) for alleged misbehaviour, including irregular selections, use of bogus certificates, and refusal to cooperate with vigilance investigations. The Cou…

The dispute arose from two agreements to sell the same parcel of land, leading to parallel civil suits for specific performance. The appellant's father, after losing the civil suit, filed an FIR alleging forgery of the earlier agreement and the respondents obtained a quashing order from the High Court, which relied on …

The appellants Amit Kumar and Brij Bhushan were convicted under Sections 302 and 34 of the IPC for the murder of Anita Rani, who was set on fire allegedly over dowry demands. The prosecution relied on the victim's dying declaration recorded by a Judicial Magistrate, corroborated by eyewitnesses who saw the fire and ide…

The Reserve Bank of India appealed against two orders of the Gujarat High Court that, in a bail application under Section 439 of the CrPC, directed a cooperative bank to repay deposits of poor depositors (those with balances up to Rs 10,000) from funds recovered from accused persons. The bail had been granted to the ex…

The appellant, S.S. Chheena, a university security officer, was charged under Section 306 of the Indian Penal Code for allegedly abetting the suicide of a student, Saurav Mahajan, who had taken his life after a dispute over a stolen mobile phone. The suicide note recovered from the deceased blamed fellow students but m…

The appellant, a former director of R.P.S. Benefit Fund Ltd., filed a petition under Section 482 of the CrPC to quash criminal proceedings initiated under Section 420 IPC and Sections 3, 4, 5 and 6 of the Prize, Chits and Money Circulation Schemes (Banning) Act, 1978. The FIR alleged cheating by the company for failing…

Jabar Singh shot Sarnam Singh on 13 November 1984, inflicting a wound that was not fatal. The victim died fourteen days later from peritonitis, which the medical experts attributed to inadequate medical care rather than the gunshot injury. The trial court acquitted the accused due to identification doubts, but the High…

The Supreme Court allowed the appeal of Suresh Prasad Singh, holding that he was a co‑sharer of the transferors in the land sold to the respondent and therefore entitled to a mandatory right of pre‑emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961…

The appellants were charged with murder under Section 302 read with Section 34 of the IPC, alleged to have killed two men during a land‑dispute. The trial court acquitted them, finding the FIR was delayed, the oral dying declarations unreliable, and the sole eye‑witness's testimony unnatural. The State appealed, and th…

Ranveer Yadav, a witness in a criminal trial, along with five others disrupted court proceedings, forcing the judge to leave the courtroom. The High Court, acting under Section 15(2) of the Contempt of Courts Act, 1971, held Yadav to be the main culprit and convicted him of criminal contempt under Section 2(c)(ii), sen…

Kashi Vishwanath Steel Ltd. (KVSL) obtained an exemption from a 15% surcharge on electricity supplied from an independent feeder by writing to the Executive Engineer, relying on a circular dated 8 September 2000. After the bifurcation of Uttar Pradesh Power Corporation, Uttarakhand Power Corporation (UPC) withdrew the …

The petitioner, Neeti Malviya, sought to transfer a divorce petition from the Family Court in Bangalore to the Family Court in Hoshangabad. The parties had reached a settlement in Supreme Court Lok Adalat, agreeing that the husband would pay Rs. 65 lakh and that a joint application for divorce by mutual consent would b…

The appeals concerned the validity of the West Bengal and Orissa governments' decision to cancel earlier Notices Inviting Tenders (NIT) for High Security Registration Plates (HSRP) and to issue new NITs that omitted the conditions of foreign experience and minimum turnover, which had been upheld as essential in Associa…

The Supreme Court entertained a contempt petition filed by trained primary school teachers alleging that the State of Bihar had failed to honour its undertaking to fill 34,540 vacant assistant teacher posts with trained teachers in order of seniority. The Court examined the Bihar Special Elementary Teachers' Recruitmen…

Bata India Ltd., a footwear manufacturer, produced an unvulcanised sandwiched fabric assembly that it used internally as an intermediate material for making shoe uppers. The Commissioner of Central Excise treated this intermediate product as excisable "goods" under s.2(d) of the Central Excise Act, 1944 and demanded du…

The appellant, S. Kaladevi, filed a suit for specific performance of a sale agreement for an immovable property, seeking execution of a fresh sale deed and an injunction. The sale deed dated 27‑02‑2006 had been executed but could not be registered because of an attachment on the property, and the trial court refused to…

Raj Kumar Shivhare was penalised under the Foreign Exchange Management Act, 1999 (FEMA) for receiving unauthorized foreign payments and was ordered to deposit a penalty of Rs.2 crore. He appealed the Appellate Tribunal's order refusing dispensation of the pre‑deposit of penalty, but the Tribunal upheld the requirement.…

Krishan Singh, a daily wager employed by the Haryana State Agricultural Marketing Board from June 1988, was terminated in December 1993 without notice, violating Section 25F of the Industrial Disputes Act. He served a demand notice in December 1997, and the dispute was referred to the Labour Court, which held the termi…

The appellant, father of a murder victim, challenged a High Court order that the accused (Respondent No.1) be tried as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. The accused had filed an application under Section 49 of the Act claiming he was under 18 on the date of the alleged o…

The appellant was convicted for the rape and murder of a five‑year‑old girl and for causing disappearance of evidence, based primarily on circumstantial evidence. The prosecution proved that the appellant was seen fleeing the scene, that blood‑stained clothes of the victim were recovered from his sister's house followi…

On 8 July 1987 the prosecutrix alleged that the appellant entered her house, assaulted her with three tangi blows and raped her, after which she snatched the weapon and injured him. Both parties were said to have become unconscious; the husband, son and a relative arrived, and an FIR was lodged. The trial court convict…

The appellant, elected President of Nagar Palika Zora, was served a show‑cause notice and removed by the State Government under Section 41‑A of the Madhya Pradesh Municipalities Act, 1961 on allegations of financial loss, alteration of minutes and hasty appointment of a Chief Municipal Officer. The High Court upheld th…

The respondent was appointed as Executive Director (Marketing) of Hindustan Photo Films with a one‑year probation period, which was later extended by three months. During probation the employer repeatedly informed him of performance deficiencies and gave him opportunities to improve, but his performance remained unsati…

The Supreme Court considered writ petitions challenging the constitutional validity of the reservation provisions in the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and the Jharkhand Panchayat Raj Act, 2001, which reserved 50% of seats for Scheduled Tribes (ST) and all chairperson posts for STs in Pa…

Rubabbuddin Sheikh filed a writ petition under Article 32 seeking a CBI investigation into the alleged fake encounter of his brother Sohrabuddin, the disappearance of his sister‑in‑law Kausarbi, and the killing of material witness Tulsiram, all allegedly perpetrated by Gujarat police. The State of Gujarat submitted eig…

The appellants, owners of land and structures acquired by the State of Maharashtra under the Land Acquisition Act, 1894, challenged the compensation awarded by the reference court, seeking higher rates for both open land and the structures. The High Court upheld the reference court's valuation of Rs.225 per square metr…

The appellant contractor filed a petition under Section 8 of the Arbitration Act, 1940 seeking appointment of an arbitrator for claims exceeding Rs.50,000, which the State of Andhra Pradesh opposed on the ground of Government Order (GOM) No. 430, 24‑10‑1983, as clarified by GOM No. 160, 01‑06‑1987, that such claims mus…

The Supreme Court examined whether a 53‑acre portion of Survey No. 345‑A in Dahisar was a "private forest" under the Maharashtra Private Forests (Acquisition) Act, 1975 on the appointed day of 30 August 1975, and whether the State’s acquisition of that land was proportionate and lawful. The Court held that the land was…

The petitioners, who are Judges of Family Courts in Maharashtra, sought elevation to the Bombay High Court, arguing that they hold a "judicial office" under Article 217(2)(a) of the Constitution. The Supreme Court examined whether Family Courts qualify as courts in the constitutional sense, whether their judges are par…

The deceased, Neeru Gupta, committed suicide in 1985 and her brother filed a complaint alleging dowry demand and ill‑treatment by her husband and in‑laws. The trial court acquitted the accused, finding no proof of dowry demand or cruelty and noting the deceased suffered from mental illness. The High Court reversed the …

The Tamil Nadu Government acquired 3.90 acres of land for housing, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs. 1.72 per sq. ft., which the reference court increased to Rs. 17 per sq. ft. based on the land's potential as a residential si…

The appellant Babu was charged under IPC s.302 for allegedly murdering his wife by giving her sodium cyanide disguised as an ayurvedic contraceptive. The trial court acquitted him due to lack of direct evidence and doubts about the prosecution's version, but the Kerala High Court reversed the acquittal and convicted hi…

The accused Vikas Chaudhary and co‑accused abducted a young man, killed him and thereafter made repeated ransom calls to the victim's parents. The petitioner argued that the offence under IPC s.364A was completed at the time of abduction and that he was a juvenile when the offence was committed, invoking the Juvenile J…

The appellant applied for a sand mining lease under the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, and was recommended for grant by the District Magistrate and State Government. The respondent, a member of a socially and educationally backward class (SEBC), claimed preference under clause (e) of Rule 9(2) a…

Jaswant Singh, an employee of Triveni Engineering, was transferred to another sugar mill and terminated when he did not report to the new location. He claimed to be a "workman" under the U.P. Industrial Disputes Act and challenged the transfer and termination via a writ petition. The High Court dismissed his petition, …

The Supreme Court examined whether a confession or statement recorded under Section 32 of the Prevention of Terrorism Act, 2002 (POTA) can be used as substantive evidence against co‑accused. The Bombay High Court Full Bench had held that such a confession could not be substantive evidence against co‑accused but could b…

The appellants challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894. The High Court had enhanced the compensation to Rs 3,00,000 per acre based primarily on a sale deed (Exhibit 1) dated 4 Oct 1982, while rejecting another sale deed (Exhibit 2) involving a very small parcel. The Su…

Venture Global Engineering, a US‑based company, entered into a joint‑venture with Satyam Computer Services Ltd. (the first respondent) and later obtained an arbitral award ordering it to transfer its shares in the joint venture to Satyam. After the award, Satyam’s chairman confessed to massive financial fraud, leading …

The respondent, S/S Parikh Gramodyog Sansthan, manufactures voltage stabilizers and was assessed sales tax as an 'electrical good' under Entry 16 of the U.P. Trade Tax Act, 1948. The assessee contended that the stabilizers should be classified as 'electronic goods' under Entry 74(f)/(a)(iii) of Notification No. 1223/34…

Neelam Kumari married Anil Kumar in 1998 and later demanded additional dowry amounts, first Rs.20,000 in 2000 and subsequently Rs.50,000 in 2003. The latter demand was made solely by the husband shortly before Neelam's death, and the parents‑in‑law (Rakesh Chand and Pushpa Devi) were accused of involvement under Sectio…

The appellants Nanhar and others were convicted for the murder of Vijay under Sections 302 and 149 of the IPC, primarily on the basis of a note recovered from the deceased's pocket that the trial court treated as a dying declaration, and on circumstantial evidence. The Supreme Court held that the prosecution failed to …

The appellants, serving as Assistant Conservators of Forests, challenged amendments to Rule 2 of the Andhra Pradesh Forest Service Rules made by G.O. Nos. 35 (1995) and 51 (1995) which granted retrospective effect from 08‑04‑1986 to Forest Range Officers securing honours in the Rangers' Training Course. They argued tha…

The respondents, originally investigators in the NSSO, were promoted to Assistant Superintendents after 1 January 1986. They argued that, despite a Board of Arbitration award granting a special pay of Rs.75 per month to Assistant Superintendents, the government had not incorporated this special pay into their revised p…

K.A. Abbas was convicted under Section 138 of the Negotiable Instruments Act for issuing a bounced cheque and was sentenced to one year imprisonment with a direction to pay Rs 5 lakhs compensation to the complainant under Section 357(3) of the CrPC, with a default imprisonment of two months for non‑payment. He paid par…

P.D. Chacko worked as a full‑time menial in an aided school from 1968 to 1976, resigned and joined the Kerala government as a peon in 1976. He claimed that, under Kerala Service Rules (KSR) 1959 Rule 60(b), officers who were in "last grade service" on 7‑April‑1970 could retire at 60 years, and therefore he should be al…

The Supreme Court examined the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956 (as amended by the Companies (Second Amendment) Act, 2002) which created the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) and transferred the jurisdiction of High Court…

The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005 and the provisions of Article 323B (and Article 3238) of the Constitution, arguing that the Act undermines the basic structure by creating a parallel tribunal system under executive control. The petition also contes…

The Supreme Court upheld the conviction of three accused (A-1, A-2 and A-4) for cruelty to a woman under IPC s.498‑A read with s.34 and murder under s.302 read with s.34. The deceased, Renuka, was burned after the accused poured kerosene on her and set her alight. Her dying declaration was recorded by a taluk magistrat…

The petitioners challenged the constitutional validity of Articles 243‑O(4), 243‑O(6), 243‑T(4) and 243‑T(6) inserted by the 73rd and 74th Amendments, arguing that reservations of chairperson posts and of seats for backward classes in Panchayats and Municipalities violated equality, democracy and the basic structure. T…

In 1981, Kishore Bhagat was shot dead after a series of altercations involving several accused. Akaloo Ahir, the appellant, fired a shot that missed the victim, while another co-accused fired the fatal shot. All were charged under Sections 302, 307 and 34 of the IPC and Section 27 of the Arms Act. The Supreme Court exa…

Satyavir Singh, armed with his brother's licensed double‑barrel gun, fired two shots at Dharam Prakash, the brother of an informant, injuring him. The trial court convicted Singh under Section 307 IPC and Section 27 of the Arms Act; the first appellate court acquitted him on the basis that the firing was accidental, re…

The Haryana government issued a notification under Section 4 of the Land Acquisition Act, 1894 to acquire 184.56 acres for an urban mini‑estate, leading many landowners to file objections and writ petitions. While the High Court released the lands of 22 owners, the appellants' lands remained under acquisition despite s…

The Supreme Court examined the special provisions introduced by the 2002 amendment to the Negotiable Instruments Act, 1881, particularly section 145 which allows the complainant to give evidence on affidavit and permits the court to summon such deponents for examination. The Court clarified that under s.145(2) the accu…

Navin Jindal, a shareholder of Jindal Iron and Steel Co., was entitled to subscribe to partly convertible debentures (PCDs) issued on a rights basis. He renounced this right for Rs 56,250, which caused a fall in the value of his original 1,500 equity shares by Rs 200 per share, resulting in a net loss of Rs 2,43,750. J…

The case concerned whether a Non‑Banking Financial Company (NBFC) could treat the "Provision for NPA" debited to its profit‑and‑loss account, as required by RBI Directions 1998, as income under s.2(24) of the Income Tax Act or claim a deduction under s.36(1)(vii). The Supreme Court held that the RBI Directions are mere…

The appellant and a co-accused entered the deceased's house at night and the co-accused poured acid on her, causing severe burns and eventual death. The trial court convicted the appellant under Section 302 read with Section 34 IPC, along with other offences, and sentenced him to life imprisonment. On appeal, the Supre…

The respondent, claiming ownership of a suit‑premises, filed eviction petitions under the Karnataka Rent Control Act, 1961 and the Karnataka Rent Act, 1999. The first appellant contended that he was no longer a tenant after entering into an agreement of sale with the previous owner, Anthony Swamy, and that he was in po…

The parents of a CRPF constable who died in service filed a writ petition seeking Rs.5 lakh compensation for loss of earnings and mental agony. The High Court awarded Rs.1 lakh, noting the family had been denied proper information about the death for over 20 years. On appeal, the Supreme Court examined whether the quan…

The Supreme Court entertained an application seeking to expunge certain observations made in its own judgment dated 26 November 2010, wherein it had remarked that there were complaints against "certain judges" of the Allahabad High Court and that some lawyers related to judges were misusing those relationships. The pet…

The plaintiff Raj Kishore executed a sale deed in 1974 transferring land to Prem Singh for Rs 6,000, claiming it was a security for a loan and that an agreement for re‑conveyance would revert the land upon repayment by 6 July 1981. He sued for a declaration that the sale deed was void and that he remained the owner. Th…

The appellants applied for Class IV posts in the Mahoba District Judgeship and were placed on a select list (waiting list) on 19 September 2000. They received appointment letters on 13 August 2001, i.e., within one year of their selection. The District Judge later cancelled the waiting list and treated their appointmen…

Pepsi Foods Ltd. manufactured snack products and sold 96% of them to its related person, M/s. Frito‑Lay India, claiming that the sale occurred at its factory gate and that freight charges to the related‑person’s depot should be excluded from the assessable value. The Revenue argued that under the pre‑2000 provision of …

The appellants were elected as councillors of Bhor Municipal Council on the ticket of the NCP, later left the party and formed a new political front. Respondents filed a disqualification petition under the Maharashtra Local Authority Members Disqualification Act, 1986, alleging that the appellants had voluntarily given…

The case involved a night‑time shooting in which Deep Singh was killed and his wife Chhoti was injured; eight persons were alleged to have participated. The trial court convicted all seven surviving accused under Sections 302, 149 and 307 of the IPC. The Allahabad High Court acquitted four accused who had not caused an…

The appellant, appointed as a stenographer on an ad‑hoc, temporary basis in 1981, served continuously until he passed the required proficiency test in 1992 and was regularised. He sought seniority to be counted from his initial appointment, arguing that his uninterrupted service should be treated as regular. The Centra…

The petitioner, a judicial officer, challenged his compulsory retirement order issued under Rule 74(b)(ii) of the Jharkhand Civil Services Code, arguing that adverse entries in his Annual Confidential Reports (ACRs) were uncommunicated, had been "washed off" by subsequent promotion, and that the order lacked public‑int…

The appellants, volunteers of the Punjab Home Guards, were terminated for alleged indiscipline at a railway station. They challenged the termination, arguing that the 1983 Punjab Home Guards and Civil Defence (Field) Class III Rules did not apply to volunteers and that the 1963 Rules required a show‑cause notice and a …

The dealers, M/s Sanjiv Fabrics, were registered under the Central Sales Tax Act, 1956 and authorized to issue Form ‘C’ for importing cotton and cotton yarn. They used Form ‘C’ to import cotton waste, polythene, sutli and tat, which were not covered by their registration certificate. The revenue levied penalties under …

The New Okhla Industrial Development Authority (NOIDA) allotted land to several housing societies, including the Army Welfare Housing Organization (AWHO), under a 99‑year lease deed that required the societies to construct residential buildings. After the societies built the super‑structures, NOIDA issued notices direc…

Abu Salem, an absconding accused in the 1993 Bombay bomb blasts, was arrested in Portugal and extradited to India under the International Convention for the Suppression of Terrorist Bombings and the Indian Extradition Act, 1962 (applied to Portugal by a 2002 notification). Portugal granted extradition for certain offen…

The appellant, a Lieutenant Colonel serving as Garrison Engineer, was convicted by a General Court Martial (GCM) for defrauding the Army by entering overpriced contracts for repair and replacement of equipment. He challenged the conviction on two grounds: (1) that the GCM was convened beyond the three‑year limitation p…

The appellant, a peon of Punjab National Bank, was convicted under Section 409 IPC for embezzling Rs 5,000 and was dismissed from service. While his criminal appeal upheld the conviction, the appellate court released him on probation under the Probation of Offenders Act, 1958. The bank dismissed him under Section 10(1)…

Balraje (appellant) was convicted of murder under Section 302 IPC for inflicting a knife blow to the chest of Kailas, resulting in his death. The prosecution relied on eye‑witness testimony of the deceased's son (PW‑1), wife (PW‑2) and a neighbour (PW‑4), who identified Balraje as the assailant. The defence argued that…

On 21 October 1982, the appellants, armed with spears, axes and bombs, attacked an informant and his associates, chasing them through paddy fields. Eye‑witnesses PW7, PW8, PW9 and PW12 testified that the appellants threw bombs and that appellant No.1 (Moniruddin Ahmed @ Lalu Dealer) struck the deceased with a spear, ca…

Denel (Proprietary) Ltd., a South African government-owned company, supplied electronic equipment to Bharat Electronics Ltd., a Government of India enterprise, under several purchase orders. After delivering the goods, Denel demanded payment of GBP 34,894.75, but Bharat Electronics refused, citing a Ministry of Defence…

The Supreme Court was called upon to resolve a dispute over the right to mine iron ore in six leases in Andhra Pradesh that bordered the state of Karnataka. The State of Andhra Pradesh sought to maintain a status‑quo injunction, arguing that mining could prejudice the demarcation of the inter‑state boundary, while the …

The appellant, a graduate suffering from cerebral palsy, was appointed as a Rehbar‑e‑Taleem (teaching guide) under Section 22 of the Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998. Respondent Nazir Ahmed Shah challenged the appointment, and the J…

The appellant Jiten Besra was convicted under Section 302 IPC for the murder of his parents‑in‑law based on three circumstantial points: his presence in the village on the night of the killings, a strained relationship with the victims, and alleged blood stains on his clothing. The Supreme Court examined the evidence a…

The Union of India and others entered into a contract with M/s Neelam Engineering for security lighting, which later gave rise to disputes resolved by an arbitrator who awarded Rs.1,70,020 in favour of the respondent. The respondent filed a petition under Sections 14(2), 17 and 29 of the Arbitration Act, 1940 to have t…

Chemplast Sanmar Ltd. sought to set up a PVC plant in Cuddalore, Tamil Nadu, importing Vinyl Chloride Monomer (VCM) via a marine terminal and laying pipelines that cross the Uppanar river. The Ministry of Environment and Forests (MOEF) granted environmental clearance under the 1991 Coastal Regulation Zone (CRZ) Notific…

The wife (Manisha Tyagi) appealed a High Court Division Bench order that granted her husband (Deepak Kumar) a decree of divorce on the ground of cruelty under Section 13(1)(i‑a) of the Hindu Marriage Act, 1955. The trial court and the High Court Single Judge had found both parties at fault and awarded judicial separati…

The Supreme Court examined the conviction of two appellants, Raju and Mangli, under Section 302 read with Section 34 of the Indian Penal Code for the murder of Ishwar. The incident arose after the deceased misbehaved with women at a marriage ceremony, leading the accused to assault him; the co‑accused were armed with k…

The appellants filed a complaint under Section 21 of the Consumer Protection Act, 1986 alleging deficiency in service and medical negligence after the death of the husband who underwent adrenal surgery at Batra Hospital. The National Consumer Disputes Redressal Commission dismissed the complaint, finding no negligence.…

Nishant Sareen, a Drug Inspector, was caught accepting a bribe and the Vigilance Department sought sanction to prosecute him under Section 19 of the Prevention of Corruption Act, 1988. The Principal Secretary (Health) first refused sanction, deeming the case frivolous, but later reversed the decision and granted sancti…

Soran died intestate leaving two wives, a son and three daughters. Shingari, one of the widows, had a son Man Singh from a prior marriage. Man Singh sued Shingari claiming ownership of land based on a 1978 family settlement, asserting she held a one‑fifth share after Soran's death; the trial court decreed in his favour…

Mewar PolytEx Ltd exported PP fabrics under the Advance Licensing Scheme and, in its AR‑4 declarations, stated that it would not claim Modvat credit. Later the company claimed Modvat credit on the indigenous inputs used for the export and also drew back counter‑vailing duty on imported inputs, thereby seeking a double …

The Customs department seized a large quantity of rough diamonds from M/s. M. Ambalal & Co. after the firm failed to produce a valid import licence. The firm was directed to pay duty, a redemption fine and penalty, but appealed claiming exemption under Notification No.247-Cus dated 02‑08‑1976, which exempts certain art…

The appellants Panney @ Pratap Narain Shukla and Channey @ Prabhu Narain Shukla were convicted for the murder of Shivdhari, who was killed by a bomb, a pistol shot and a neck cut during a land‑dispute. The trial court sentenced them to death, a decision affirmed by the High Court and upheld on appeal. In the Supreme Co…

The Jammu & Kashmir National Panthers Party challenged the 2002 amendment to Section 3 of the Jammu & Kashmir Representation of the People Act, 1957 and the corresponding amendment to Section 47(3) of the Jammu & Kashmir Constitution, which defer the delimitation of Legislative Assembly constituencies until after the f…

Monica Bedi and four co‑accused were convicted under the Indian Penal Code (sections 120‑B, 419, 420) and the Prevention of Corruption Act for a conspiracy to obtain a passport in an assumed name. Bedi argued that her conviction violated Article 20(2) of the Constitution because she had already been tried and sentenced…

The appellant Om Pal Singh was convicted for the murder of Rishipal Singh under Section 302 IPC. The prosecution established a long-standing enmity, prior attempts on the victim's life, and presented eyewitness testimony of PW‑2 and PW‑3 who described the shooting. A dying declaration recorded by the Tehsildar, though …

Shakti Devi, the mother of a 22‑year‑old son who died in a bus‑truck collision, filed a claim under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicle Accident Claims Tribunal fixed the deceased's monthly earnings at Rs 1,000, applied a multiplier of 8 and awarded a net compensation of Rs 3…

Malayalam Plantations Ltd., a private plantation company, owned five estates in Kerala and sought exemption of 2,588 hectares of land from the vesting provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971, on the grounds that the land was planted with eucalyptus before vesting and used for firewoo…

Infosys Technologies Ltd. owned the trademark "Infosys" in classes 7, 9 and 16. Jupiter Infosys Ltd., later renamed Jupiter International Ltd., filed applications under Sections 46 and 56 of the Trade and Merchandise Marks Act, 1958 seeking removal/rectification of those marks on the ground of non‑use and other defects…

The Ramjas Foundation owned land in Delhi that was acquired under a 1959 notification issued under the Land Acquisition Act, 1894 for planned development. The Foundation claimed the land was a Wakf property, exempt under clause (d) of the notification, and argued that a non‑Muslim could create a Wakf and that the acqui…

During a Bihar assembly election, an FIR was lodged for murder, robbery and illegal possession of arms, implicating Uma Shankar Singh. The investigation was transferred to the CID and both the CID and local police submitted final reports under Section 173(2) CrPC that exonerated Singh. Despite these reports, the Chief …

GE India Technology Centre Private Ltd. imported software and paid the foreign supplier for a licence. The Income Tax Officer held the payment to be a royalty deemed to accrue in India, requiring tax deduction at source (TDS) under Section 195 of the Income Tax Act, 1961. The Commissioner upheld this view, but the Inco…

The appellants, Dharampal Singh and Major Singh, were arrested when police searched a car they were occupying and recovered 65 kg of opium from the vehicle's dicky. They were charged under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The trial court acquitted them, holding that Section 50 of…

The petitioner, a travel agent who began his business in 1997, sought a mandamus directing the passport authorities to allow him to continue handling passport applications on behalf of clients. The government had de‑recognised all travel agents for passport work in July 1992, and in July 2000 issued a one‑time concessi…

The Competition Commission of India (CCI) received a complaint that Steel Authority of India Ltd (SAIL) had abused its dominant position by entering an exclusive supply agreement with Indian Railways. The CCI formed a prima facie view and directed the Director General to investigate under s.26(1) of the Competition Act…