M/S. BHANWARLAL DUGAR & ORS.versusBRIDHICHAND PANNALAL & ORS.
2010 INSC 3455 July 2010Appeal(s) allowed
The landlords appealed against a High Court revision that had set aside the trial and appellate courts' findings that the tenant was a wilful defaulter and that the landlords required the commercial premises for their own business. Both the trial court and the first appellate court, exercising jurisdiction under Sectio…
CHUNNI LALversusSTATE OF U.P.
2010 INSC 3465 July 2010Dismissed
Chunni Lal was convicted of murdering his uncle Heera Lal by firing a gun, and the Supreme Court upheld the life sentence. The appellant argued there was no motive, that only interested witnesses were examined, and that the delay in lodging the FIR and commencing investigation tainted the case. The Court found a clear …
VINOD SETHversusDEVINDER BAJAJ AND ANR.
2010 INSC 3475 July 2010Case Partly allowed
The plaintiff, a builder, sued the owners of a residential property for specific performance of an alleged oral collaboration agreement to develop the land. The High Court, noting the suit's low chance of success and heavy court dockets, ordered the plaintiff to furnish an undertaking to pay Rs.25 lakhs as damages if h…
INDU BHUSHAN DWIVEDIversusSTATE OF JHARKHAND AND ANR.
2010 INSC 3485 July 2010Appeal(s) allowed
Indu Bhushan Dwivedi, a Sub‑Divisional Judicial Magistrate, was dismissed from service after a departmental inquiry found two of three charges proved: leaving headquarters without permission and using derogatory language. The High Court’s dismissal recommendation relied on adverse remarks in his Annual Confidential Rep…
STATE OF WEST BENGAL AND ORS.versusS.K. NURUL AMIN
2010 INSC 3495 July 2010Appeal(s) allowed
The respondent applied to the West Bengal State Transport Authority for permanent stage carriage permits covering routes from Dhulian Bazar to Kolkata and from Raghunathganj to Kolkata. The Authority issued permits that curtailed the routes at Barasat, omitting the final leg to Kolkata, citing traffic congestion and po…
UNION OF INDIA & ORS.versusRAM PRAKASH
2010 INSC 3505 July 2010Appeal(s) allowed
Ram Prakash, a former Indian Air Force officer, was released after 15 years of service with a composite disability of 90% (retinal detachment and immature cataract). The Release Medical Board and the Appellate Medical Board both opined that his disabilities were neither attributable to nor aggravated by Air Force servi…
AVINASH GAIKWAD & ORS.versusSTATE OF MAHARASHTRA & ORS.
2010 INSC 3515 July 2010Dismissed
The State of Maharashtra acquired a large residential and non‑residential property and handed it to MHADA for redevelopment under an Urban Renewal Scheme. MHADA, lacking funds, entered into an agreement with a private developer who was issued a No‑Objection Certificate under Development Control Regulation (DCR) 33(7). …
RASID JAVED & ORS. ETC. ETC.versusSTATE OF U.P. & ANR. ETC. ETC.
2010 INSC 3525 July 2010Dismissed
The appellants, private bus operators, claimed that a 1999 notification under s.102(1) of the Motor Vehicles Act, 1988, which purported to modify the 1993 scheme and allow them to operate on the Saharanpur‑Delhi inter‑state route, was validly approved by a Hearing Authority and could not be rescinded. The State of Utta…
STATE OF ORISSAversusSTATE OF ANDHRA PRADESH
2010 INSC 2705 May 2010Dismissed
The State of Orissa filed a suit under Article 131 of the Constitution seeking a declaration that the Borra group of villages belonged to it, asserting that the area was part of the Jeypore (Imparible) Estate transferred to Orissa in 1936. The State of Andhra Pradesh contested the suit, arguing that the disputed area w…
DEVENDER KUMAR & ANR. ETC.versusSTATE OF HARYANA & ORS. ETC.
2010 INSC 2735 May 2010Appeal(s) allowed
The appellants were arrested in a dowry‑related case under IPC sections 498‑A, 406, 506, 323 and 34 and produced before a magistrate. Their first application for police remand was dismissed and they were placed in judicial custody, after which they were granted bail. The investigating officer later filed a second appli…
MUNNAWAR AND ORS.versusSTATE OF U.P. ETC.
2010 INSC 2745 May 2010Dismissed
The victim, Fateh Mohammad, was shot by the accused and died five days later from septicemia. Two dying declarations were recorded—one by a police officer and another by an Executive Magistrate, both endorsed by a doctor who certified the victim's lucidity. The trial court convicted the accused under Section 307 IPC bu…
NARESH K. AGGARWALA AND CO.versusCANBANK FINANCIAL SERVICES LTD. AND ANR.
2010 INSC 2725 May 2010Dismissed
The appellant, a stock broker, entered into three share purchase contracts with the respondent: two for Reliance Industries Limited (RIL) shares on 14‑Feb‑1992 and 23‑Mar‑1992, and one for Steel Authority of India Limited (SAIL) shares on 27‑Feb‑1992. The respondent delivered only one lakh RIL shares and claimed the fi…
BONDU RAMASWAMYversusBANGALORE DEVELOPMENT AUTHORITY & ORS.
2010 INSC 2715 May 2010Disposed off
The Supreme Court examined the legality of land acquisitions undertaken by the Bangalore Development Authority (BDA) for the Arkavathi layout, focusing on whether the BDA Act required President's assent, was repugnant to the Land Acquisition Act, and complied with constitutional provisions under Parts IX and IX‑A. The …
S.K. DASGUPTA & ORS.versusVIJAY SINGH SENGAR & ORS.
2010 INSC 2755 May 2010Appeal(s) allowed
Vijay Singh Sengar filed a public interest writ petition alleging that power cuts in Madhya Pradesh were endangering patients in government hospitals and disrupting street lighting. The Madhya Pradesh High Court issued interim orders directing the State Electricity Board to provide round‑the‑clock electricity to hospit…
SMT. SELVI & ORS.versusSTATE OF KARNATAKA
2007 INSC 5205 May 2007Disposed off
The Supreme Court considered whether the involuntary administration of narcoanalysis, polygraph, and Brain Electrical Activation Profile (BEAP) tests for investigative purposes violates fundamental rights. The Court held that compulsory administration of these techniques violates Article 20(3) of the Constitution, whic…
BANARSI DASSversusSTATE OF HARYANA
2010 INSC 1935 April 2010Appeal(s) allowed
The appellant, a patwari, was accused of demanding and accepting a bribe of Rs.400 for correcting land records, leading to his conviction under Section 161 of the IPC and Section 5(2) of the Prevention of Corruption Act, 1947. The prosecution's case relied on the recovery of the money from the appellant's pocket and th…
SUVARNALATAversusMOHAN ANANDRAO DESHMUKH & ANR.
2010 INSC 1945 April 2010Hearing Adjourned
The husband filed a petition for divorce on the ground that his wife suffered from schizophrenia. The Family Court granted the decree of divorce, which was affirmed by the High Court. The wife appealed only to challenge the findings on her alleged mental disorder and to claim a lump‑sum permanent alimony of Rs 75 lakhs…
M/S. JAYABHERI PROPERTIES PVT. LTD. AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
2010 INSC 1955 April 2010Disposed off
The State of Andhra Pradesh sought to acquire land for the Outer Ring Road (ORR) project around Hyderabad and Secunderabad. After objections that the original western alignment would cut through water bodies and require extensive rock cutting, an alternative alignment through Narsingi and Poppalguda villages was adopte…
STATE OF PUNJABversusLAKHWINDER SINGH & ANR.
2010 INSC 1965 April 2010Disposed off
The State of Punjab appealed the acquittal of Lakhwinder Singh and Balwinder Kaur, who had been found in possession of 35 bags of poppy husk. The trial court had convicted them under Section 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, but the High Court set aside the conviction, citing allege…
M/S. SANGHVI RECONDITIONERS PVT. LTD.versusUNION OF INDIA AND ORS.
2010 INSC 795 February 2010Dismissed
M/s. Sanghvi Reconditioners Pvt. Ltd., a ship‑repair unit, was found to have imported engineering cargo as "ship spares" and then sold the goods to a third party, thereby fraudulently claiming exemption under Notification No.211/83. The Customs Commissioner demanded duty, penalty and interest; the appellant withdrew it…
G.V. SIDDARAMESHversusSTATE OF KARNATAKA
2010 INSC 805 February 2010Dismissed
The appellant Siddaramesh was convicted for the death of his wife Usha, who committed suicide by hanging within seven years of marriage. The prosecution proved that the husband and his family had repeatedly demanded dowry—gold, cash and a motorcycle—and that the wife was subjected to mental and physical cruelty when sh…
TUKARAM S. DIGHOLEversusMANIKRAO SHIVAJI KOKATE
2010 INSC 815 February 2010Dismissed
Tukaram S. Digole, who lost a Lok Sabha election, filed an election petition alleging that Manikrao Shivaji Kokate had made communal appeals in violation of Section 123(3) of the Representation of the People Act, 1951. Digole sought to prove the allegation by producing a VHS cassette he claimed was a certified copy fro…
MANISH GOELversusROHINI GOEL
2010 INSC 825 February 2010Dismissed
Manish Goel and Rohini Goel married in July 2008 and separated shortly thereafter. The husband filed an annulment suit under Section 12 of the Hindu Marriage Act in Gurgaon, while the wife filed a domestic‑violence petition in Delhi. They later filed a mutual‑consent divorce petition under Section 13‑8(1) before the De…
N.B.C.C. LTD.versusJ.G. ENGINEERING PVT. LTD.
2010 INSC 25 January 2010Case Partly allowed
The parties entered into a construction contract with an arbitration clause. After several arbitrators were appointed and the proceedings stalled, the High Court fixed a six‑month deadline for a newly appointed arbitrator to render an award, which was later extended by mutual consent of the parties to 30 September 2005…
STATE OF KARNATAKA & ANRversusG.R. NADAGOUDA (DEAD) BY LRS. & ANR.
2010 INSC 35 January 2010Disposed off
The State of Karnataka appealed a High Court order that directed it to deposit a decretal amount within three months and, in case of default, pay interest at 15% per annum from the date of the order (15 November 1996) until the amount was actually tendered. The State argued that a 15% rate was excessive and sought a lo…
NATIONAL HYDROELECTRIC POWER CORPN. LTD.versusCOMMISSIONER OF INCOME TAX
2010 INSC 45 January 2010Appeal(s) allowed
National HydroElectric Power Corp. Ltd. (NHPC), a public sector electricity generator, sold power at tariff rates that included an Advance against Depreciation (AAD). In its profit and loss account NHPC reduced the sales figure by the AAD amount and did not debit the profit and loss account with it. The Authority for A…
STATE OF HARYANA & ORS.versusHEM LATA GUPTA & ORS.
2010 INSC 55 January 2010Appeal(s) allowed
The respondents, teachers employed by the Government of Haryana, claimed advance increments under a 1960 Punjab Government memo that granted such increments to Masters on acquiring postgraduate qualifications. The Haryana Director rejected the claim, stating that the 1968 Haryana letter revising pay scales superseded t…
SREE SWAYAM PRAKASH ASHRAMAM AND ANR.versusG. ANANDAVALLY AMMA AND ORS.
2010 INSC 65 January 2010Dismissed
The original plaintiff, allotted an A‑schedule building under a 1948 settlement deed, used a B‑schedule pathway that lay within the Ashramam’s property to access his building. After the defendants attempted to block the pathway, the plaintiff filed a suit for declaration of an easement (by grant or necessity) and a per…
ATHAR HUSSAINversusSYED SIRAJ AHMED & ORS.
2010 INSC 75 January 2010Dismissed
The father of two minor Muslim children (a 13‑year‑old girl and a 5‑year‑old boy) sought guardianship and interim custody after the mother’s death and his subsequent remarriage. The children’s maternal grandfather, aunt and uncles applied under Sections 7, 9 and 17 of the Guardian and Wards Act, 1890 for appointment as…
VIJAY KUMAR SHARMA @ MANJUversusRAGHUNANDAN SHARMA @ BABURAM & ORS.
2010 INSC 85 January 2010Appeal(s) allowed
The appellant and his brother were involved in two civil suits concerning a will. The trial court dismissed the suits under Order 7 Rule 11, directing the parties to arbitrate based on a declaration by their deceased father that any future disputes should be referred to a named arbitrator. The appellant appealed, and w…
HARJINDER SINGHversusPUNJAB STATE WAREHOUSING CORPORATION
2010 INSC 95 January 2010Appeal(s) allowed
Harjinder Singh, a workman employed by Punjab State Warehousing Corporation, was retrenched despite seniority over junior employees. The Labour Court awarded him reinstatement with 50% back wages under Section 25G of the Industrial Disputes Act, 1947. The Punjab & Haryana High Court, exercising writ jurisdiction under …
GANGULA MOHAN REDDYversusSTATE OF ANDHRA PRADESH
2010 INSC 105 January 2010Appeal(s) allowed
The appellant, an agriculturist, was convicted under Section 306 of the Indian Penal Code for allegedly abetting the suicide of his farm labourer, Ramulu, by accusing him of theft and demanding money. The prosecution relied on the testimonies of the deceased's father and mother, who claimed the harassment drove Ramulu …
SNEHADEEP STRUCTURES PRIVATE LIMITEDversusMAHARASHTRA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD.
2010 INSC 115 January 2010Case Partly allowed
SnehaDeep Structures Private Ltd., a small‑scale industrial undertaking, obtained an arbitral award for interest on delayed payment from Maharashtra Small Scale Industries Development Corporation Ltd. The corporation filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the aw…
MOHD. LAIQUIDDIN AND ANR.versusKAMALA DEVI MISRA (DEAD) BY LRS. AND ORS.
2010 INSC 125 January 2010Dismissed
The case involved the legal representatives of a deceased plaintiff (appellants) and the legal representatives of a deceased defendant (respondents) in a dispute over a partnership formed to construct a cinema theatre. The partnership deed contained a clause stating that death of a partner would not dissolve the firm, …
MOHANLAL NANABHAI CHOKSI (DEAD) BY LRS.versusSTATE OF GUJARAT AND ORS.
2010 INSC 6684 October 2010Appeal(s) allowed
The appellants, owners of land in Surat, challenged the acquisition of their property for a vegetable market initiated by the Surat Municipal Corporation (SMC) under Section 78 of the Bombay Provincial Municipal Corporations Act, 1949. They argued that the later Gujarat Agricultural Produce Market Act, 1963, a special …
M/S. INDIAN RAILWAYS CATERING & TOURISM CORPORATION LIMITED AND ANR.versusM/S. DOSHION VEOLIA WATER SOLUTIONS (P) LIMITED AND ORS.
2010 INSC 6694 October 2010Disposed off
The Indian Railway Catering and Tourism Corporation (IRCTC) invited tenders for a turnkey water bottling plant. Two bidders, Ion Exchange and Doshion, submitted offers; Ion Exchange quoted a lower net price by offering a 1% discount and did not state the excise duty amount in rupees. Doshion objected, claiming the disc…
JAYANTA SILversusSTATE OF ASSAM
2010 INSC 4754 August 2010Dismissed
The appellant, Jayanta Sil, was alleged to have murdered Kandarpa with a sharp cutting weapon while returning from a feast. The prosecution relied on the testimony of six eyewitnesses, including the deceased's wife (PW1) and two other eye‑witnesses (PW5, PW6), as well as corroborative statements from PW2, PW3 and PW11,…
COMMISSIONER OF CENTRAL EXCISE, CHENNAI-II COMMISSIONERATE & ORS. ETC.versusM/S. TARPAULIN INTERNATIONAL & ORS. ETC.
2010 INSC 4764 August 2010Dismissed
The case concerned M/s Tarpaulin International, which produced "tarpaulin made‑ups" by cutting tarpaulin fabric, stitching the pieces and fixing eye‑lets. The Revenue argued that this process amounted to "manufacture" under Section 2(f) of the Central Excise Act, 1944 and that the finished product was a distinct, marke…
MUKESHBHAI GOPALBHAI BAROTversusSTATE OF GUJARAT
2010 INSC 4774 August 2010Appeal(s) allowed
The appellant, a lawyer, was charged with murdering a married Scheduled Caste mid‑wife by setting her on fire after an alleged attempted rape. Three dying declarations were recorded: two (to a magistrate and to police) stated the burns were accidental, while a third (by the husband) alleged homicide. The High Court rej…
M/S. V.K. ENTERPRISES AND ANR.versusM/S. SHIVA STEELS
2010 INSC 4784 August 2010Dismissed
The respondent filed a suit under Order 37 Rules 1 and 2 of the CPC to recover a cheque amount that was dishonoured. The petitioner applied for leave to defend under Order 37 Rule 3, alleging that the cheque dated 11‑10‑2006 was originally dated 11‑10‑2000 and had been tampered with, and that the cheque was given only …
BHANUMATI ETC. ETC.versusSTATE OF UTTAR PRADESH THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
2010 INSC 2694 May 2010Dismissed
The appellants challenged the constitutional validity of the Uttar Pradesh Panchayat Laws (Amendment) Act, 2007, which altered the procedure for a no‑confidence motion against the Chairperson of a Panchayat by reducing the block period to one year and changing the required majority from two‑thirds to more than half. Th…
MOHD. MAQBOOL TANTRAYversusSTATE OF J & K
2010 INSC 784 February 2010Disposed off
Mohd. Maqbool Tantray was one of 18 accused in the abduction and murder of former MLA Mir Mustafa in 1990. After a protracted trial lasting nearly 20 years, only three co‑accused were tried with Tantray; the others were discharged, died, or absconded, and the two co‑accused were acquitted. Tantray was convicted under S…
KHANAPURAM GANDAIAHversusADMINISTRATIVE OFFICER & ORS.
2010 INSC 14 January 2010Dismissed
Khanapuram Gandaiah, involved in multiple civil suits over land, sought under the Right to Information Act, 2005, the reasons why a judicial officer (Respondent No.4) had dismissed his miscellaneous appeal, alleging judicial dishonesty. His RTI application under Section 6 was rejected, and subsequent appeals before the…
UNION OF INDIA AND OTHERSversusM/S. PRINCE RUBBER INDUSTRIES
2010 INSC 8473 December 2010Dismissed
The respondent, Mis. Prince Rubber Industries, sought an 8% cash compulsory support premium against an advance import licence under a scheme funded by the RBI. The Deputy Director General of Foreign Trade rejected the claim, stating that the scheme had been closed in 1994. The respondent filed a writ petition, and the …
ELECTION COMMISSION OF INDIAversusTELEANGANA RASTRA SAMITHI & ANR.
2010 INSC 8483 December 2010Appeal(s) allowed
Twelve members of the Andhra Pradesh Legislative Assembly resigned to press for a separate Telangana state, creating twelve casual vacancies. The Election Commission of India (ECI) announced bye‑elections for ten clear vacancies but withheld elections for two constituencies where election petitions under Section 84 of …
JOHN PANDIANversusSTATE REP. BY INSPECTOR OF POLICE, T. NADU
2010 INSC 8463 December 2010Disposed off
The case concerns the murder of Vivekanandan in Coimbatore, allegedly orchestrated by Venkatraman (A‑1) out of a love rivalry and carried out by hired assassins Kumar (A‑9), Pavunraj (A‑10) and Prince Kumar (A‑11). The trial court convicted all accused under sections 302, 34, 109 and 120B IPC; the High Court affirmed m…
IN RE.: CONSTRUCTION OF PARK AT NOIDA NEAR OKHLA BIRD SANCTUARY ANAND ARYA & ANR. T.N. B GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.
2010 INSC 8443 December 2010Disposed off
The petitioners challenged the construction of a large memorial park in Noida, alleging that the 33.43‑hectare site was forest land and that the project proceeded without the required prior environmental clearance under the 2006 EIA Notification, thereby threatening the nearby Okhla Bird Sanctuary. The Court examined r…
STATE OF U.P. AND ORS.versusHIRENDRA PAL SINGH ETC
2010 INSC 8453 December 2010Disposed off
The Uttar Pradesh Legal Remembrancer Manual was amended on 13 August 2008 to reduce the retirement age of District Government Counsels from 62 to 60 years and to dispense with the requirement of consulting the District Judge. The Allahabad High Court stayed the amendment and directed the State to renew the services of …
KULDEEP SINGHversusG.M., INSTRUMENT DESIGN DEVELOPMENT AND FACILITIES CENTRE & ANR.
2010 INSC 8493 December 2010Appeal(s) allowed
Kuldeep Singh, a data entry operator, was terminated by the Instrument Design Development and Facilities Centre without complying with the notice and compensation requirements of Section 25F of the Industrial Disputes Act, 1947. He made numerous representations to various government officials, after which the Haryana G…
K.H. SHEKARAPPA & OTHERSversusSTATE OF KARNATAKA
2009 INSC 12823 December 2009Dismissed
The Supreme Court examined the case of seven police constables and one additional constable (appellants) accused of beating five suspects in police custody, resulting in two deaths and injuries to three others. The prosecution presented ocular testimony, extensive medical evidence, and the testimony of a hostile witnes…
BHABANI PRASAD JENAversusCONVENOR SECRETARY, ORISSA STATE COMMISSION FOR WOMEN & ANR.
2010 INSC 4653 August 2010Appeal(s) allowed
The appellant, Bhabani Prasad Jena, filed a petition under the Special Marriage Act seeking a declaration of nullity of his marriage and claimed the marriage was unconsummated. While the matrimonial suit was pending, the wife filed a complaint before the Orissa State Commission for Women alleging torture, desertion and…
SULOCHANA CHANDRAKANT GALANDEversusPUNE MUNICIPAL TRANSPORT AND ORS.
2010 INSC 4663 August 2010Dismissed
The appellant, Sulochana Chandrakant Galande, challenged the acquisition of her land by the State under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was not within urban limits at the Act's commencement and that the later repeal of the Act should invalidate the acquisition. The Supreme Court…
M/S. KAPIL COREPACKS PVT. LTD. & ORS.versusSHRI HARBANS LAL (SINCE DECEASED) THROUGH LRS.
2010 INSC 4673 August 2010Appeal(s) allowed
The plaintiff sued Kapil Corepacks Pvt Ltd and others for recovery, alleging that the defendants had executed a sale agreement that was later claimed to be a forged document. The defendants filed a criminal complaint alleging forgery and denied signing the agreement. The trial court examined the managing director under…
AMAR SINGHversusSTATE OF RAJASTHAN
2010 INSC 4683 August 2010Disposed off
Amar Singh was convicted under Sections 498A and 3048 IPC for the dowry death of his wife, who died in a fire within ten months of marriage. The prosecution proved that the husband had repeatedly taunted the wife for not providing a scooter or Rs.25,000, establishing harassment in connection with a dowry demand shortly…
STATE OF KARNATAKA & ORS.versusM.L. KESARI & ORS.
2010 INSC 4693 August 2010Disposed off
The appellants, the State of Karnataka and others, sought to regularise three daily‑wage employees who had worked for more than fifteen years without any court intervention. The High Court had initially ordered their representation to be considered and later dismissed the appeal, directing that regularisation depend on…
BHIARU RAM AND ORS.versusCENTRAL BUREAU OF INVESTIGATION AND ORS.
2010 INSC 4703 August 2010Dismissed
The petitioners, accused in a CBI case under the Prevention of Corruption Act for abetting the possession of disproportionate assets by a senior income‑tax officer, filed a transfer petition under Section 406 of the Code of Criminal Procedure seeking to move the trial from the Special Court, CBI, Greater Mumbai to a Sp…
STATE OF U.P.versusKRISHNA MASTER & ORS.
2010 INSC 4713 August 2010Disposed off
The State of Uttar Pradesh appealed against the Allahabad High Court’s acquittal of Krishna Master and two others for the homicide of six persons. The trial court had convicted them under Sections 302 and 34 of the IPC and imposed death sentences, which the High Court set aside. The Supreme Court examined the reliabili…
BIMLESH & ORS.versusNEW INDIA ASSURANCE CO. LTD.
2010 INSC 4723 August 2010Case Partly allowed
The owner of a Jeep, who also drove the vehicle, died in a road accident and his dependants filed a claim for compensation under Section 163-A of the Motor Vehicles Act, 1988. The insurer contended that the petition was not maintainable because the deceased was not a third party and the policy covered only third‑party …
HARI SINGHversusSTATE OF M. P.
2010 INSC 4733 August 2010Dismissed
Hari Singh was convicted for the murder of Ashok Kumar on 22 May 1989, based on the testimony of two eye‑witnesses who saw the shooting at a village well. The FIR was lodged within two hours of the incident. The appellant challenged the conviction on grounds of the long lapse (8‑9 years) before the witnesses were recor…
STATE OF U.P. AND ANR.versusSANTOSH KUMAR MISHRA AND ANR.
2010 INSC 4743 August 2010Disposed off
The case concerned the selection and appointment of pharmacy diploma holders as pharmacists in Uttar Pradesh. The 1980 Rules required that vacancies be filled by appointing candidates who obtained their diplomas earlier, irrespective of merit, while the 2002 and 2003 Rules introduced a merit‑based selection. The State …
PUBLIC SERVICE COMMISSION, UTTARANCHALversusMAMTA BISHT AND ORS.
2010 INSC 3363 June 2010Appeal(s) allowed
The Uttaranchal Public Service Commission advertised 35 posts of Civil Judge (Junior Division) with both vertical (SC/ST/OBC) and horizontal (women, physically handicapped) reservations. Ms. Mamta Bisht, a resident woman of Uttaranchal, applied for the horizontal women’s reservation but was not selected. She filed a wr…
STATE OF ORISSA & ANR.versusRAJKISHORE NANDA & ORS.
2010 INSC 3373 June 2010Appeal(s) allowed
The State of Orissa advertised 15 junior clerk vacancies, later increased to 33, and prepared a select list of 66 candidates. Candidates whose names remained on the list but were not appointed filed petitions before the Central Administrative Tribunal seeking appointment, and the Tribunal ordered that all remaining can…
FULJIT KAURversusSTATE OF PUNJAB & ORS.
2010 INSC 3383 June 2010Dismissed
Fuljit Kaur applied for a residential plot in Punjab Urban Estates and was asked to pay a provisional price. After the tentative price was later determined, the authorities issued a demand for an additional price, which she challenged as arbitrary. The High Court upheld the demand, relying on the Supreme Court’s decisi…
STATE OF PUNJAB & ORS.versusG.S. RANDHAWA
2010 INSC 3393 June 2010Appeal(s) allowed
The Supreme Court examined the liability of an allottee under the Punjab Urban Estate (Sale of Sites) Rules, 1965 to pay an additional price for a plot. The High Court had dismissed the demand notice issued to the allottee, but the Supreme Court set aside that judgment, upheld the demand notice, and affirmed the State'…
STATE OF PUNJAB & ORS.versusCOL. KULDEEP SINGH
2010 INSC 3403 June 2010Appeal(s) allowed
Colonel Kuldeep Singh, an allottee under the Punjab Urban Estate (Sale of Sites) Rules, 1965, received a demand notice requiring payment of an additional price for his allotted plot. The High Court of Punjab and Haryana dismissed the demand notice, holding that the allottee was not liable to pay the extra amount. The a…
MANOHAR LAL (D) BY LRS.versusUGRASEN (D) BY LRS. & ORS.
2010 INSC 3413 June 2010Disposed off
The case concerned allotments of land acquired under the 1894 Land Acquisition Act and the applicability of the Uttar Pradesh Urban Planning and Development Act, 1973. The State Government, acting as a revisional authority, directed the Ghaziabad Development Authority (GDA) to allot land to both Manohar Lal and Ugrasen…
NORTH DELHI POWER LIMITEDversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS.
2010 INSC 2613 May 2010Dismissed
The Delhi Vidyut Board (DVB) was unbundled on 1 July 2002 into several private distribution companies (DISCOMs) including North Delhi Power Ltd (NDPL) and BSES Rajdhani Power Ltd, with a holding company DPCL. Employees of the former DVB feared loss of service benefits, leading to tripartite agreements between the Gover…
M/S M.R.F. LTD. ETC.versusMANOHAR PARRIKAR AND ORS.
2010 INSC 2623 May 2010Dismissed
The Supreme Court examined the validity of two Goa Government notifications (15‑May‑1996 and 1‑Aug‑1996) granting a 25% electricity tariff rebate to industrial consumers. The appellants argued that the notifications were lawful government decisions, while the State contended they were issued by the Power Minister witho…
KRISHNA KUMAR VARIARversusSHARE SHOPPE
2010 INSC 2633 May 2010Appeal(s) allowed
Krishna Kumar Variar, accused under Sections 415 and 420 IPC, was summoned by a Delhi court. He contended that only a Bombay court had jurisdiction and filed a petition under Section 482 of the CrPC in the Delhi High Court, which dismissed his challenge. On appeal, the Supreme Court held that an accused must first appr…
RABINDRA NATH SINGHversusRAJESH RANJAN @ PAPPU YADAV & ANR.
2010 INSC 2643 May 2010Appeal(s) allowed
The Supreme Court set aside a Patna High Court order granting bail to Rajesh Ranjan alias Pappu Yadav in Sessions Trial No. 976 of 1999, despite a prior Supreme Court ruling that no further bail applications in the case would be entertained. The Court held that the High Court's grant of bail was a contempt of its earli…
CENTRAL BUREAU OF INVESTIGATIONversusHOPESON NINGSHEN & ORS.
2010 INSC 2593 May 2010Disposed off
The Central Bureau of Investigation (CBI) sought transfer of two kidnapping‑murder cases involving an NSCN (IM) activist from the Chief Judicial Magistrate's Court in Ukhrul, Manipur to a CBI‑court in Delhi under Section 406 of the CrPC. The incidents involved the abduction and killing of three government employees, sp…
DAMODAR S. PRABHUversusSAYED BABALAL H.
2010 INSC 2603 May 2010Disposed off
The appellant and respondent were parties to commercial transactions in which five cheques issued by the appellant were dishonoured, leading to criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. After protracted litigation up to the Supreme Court, the parties reached a settlement and sought…
JENANY J.R.versusS. RAJEEVAN & ORS.
2010 INSC 2653 May 2010Appeal(s) allowed
The appellant was appointed as High School Assistant (Hindi) after a vacancy arose on 1 July 2003. Respondent No.1, already a Lower Grade Hindi Teacher, did not possess the required qualification on that vacancy date but obtained it later on 23 September 2003. He challenged the appellant's appointment, arguing that the…
MUKESH KISHANPURIAversusSTATE OF WEST BENGAL
2010 INSC 2663 May 2010Disposed off
The petitioner sought anticipatory bail under Section 438 of the Criminal Procedure Code, which the Calcutta High Court rejected. He filed a Special Leave Petition before the Supreme Court challenging that order. The Court examined the record and found no justification to grant anticipatory bail. However, it clarified …
GOA GLASS FIBRE LTD. & ANR.versusSTATE OF GOA AND ANR.
2010 INSC 2673 May 2010Dismissed
The State of Goa enacted the Goa (Prohibition of Further Payment and Recovery of Rebate Benefits) Act, 2002 to stop further electricity rebate payments under two 1996 notifications and to recover amounts already paid, alleging the notifications were unauthorized. Industrial units (Goa Glass Fibre Ltd. and others) chall…
EUREKA FORBES LIMITEDversusALLAHABAD BANK AND ORS.
2010 INSC 2683 May 2010Case Partly allowed
Eureka Forbes Ltd. granted a licence to two respondents to use its factory premises. When the licencees failed to pay fees, Eureka sold the stock in the premises, which was hypothecated to Allahabad Bank, without the bank's consent. The bank sued Eureka and the licencees for recovery of the hypothecated goods. The issu…
SIDDHARAM SATLINGAPPA MHETREversusSTATE OF MAHARASHTRA AND OTHERS
2010 INSC 8432 December 2010Appeal(s) allowed
The appellant, a Congress party member, was accused of instigating party workers to fire on BJP supporters, resulting in a murder eight days later. He applied for anticipatory bail under Section 438 of the CrPC, which the High Court rejected. The Supreme Court, relying on the Constitution Bench decision in Sibbia's cas…
SIRAJUDEEN KASIM & ANR.versusM/S PARAMOUNT INVESTMENTS LTD.
2010 INSC 4642 August 2010Case Allowed
Sirajuddin Kasim (P1) and his Singapore company (P2) entered into a Shareholders' Agreement (SHA) with Paramount Investments Ltd (R) for farm‑out transactions of oil and gas assets. Disputes arose and P1 and R executed a Settlement Agreement, which P2 did not sign. Before R filed a suit in the Singapore High Court, P1 …
RAVINDRA TUKARAM HIWALEversusSTATE OF MAHARASHTRA
2010 INSC 4632 August 2010Appeal(s) allowed
The appellant, Ravindra Tukaram Hiwale, was convicted for abetment of suicide under IPC s.306 and cruelty under s.498‑A after his wife Alka died by self‑immolation following a domestic quarrel. The trial court sentenced him to four years for s.306 and one year for s.498‑A. The State appealed, and the High Court enhance…
THE DISTRICT COLLECTOR, SRIKAKULAM & ORS.versusBAGATHI KRISHNA RAO & ANR.
2010 INSC 3352 June 2010Appeal(s) allowed
The respondents filed a suit seeking declaration of title and possession of land, which the appellants contended was forest land vested in the State of Andhra Pradesh. The State was a party in the trial court and the first appellate court but was not impleaded in the second appeal before the High Court. The High Court …
ASSISTANT COMMISSIONER OF INCOME TAX AND ANR.versusM/S. HOTEL BLUE MOON
2010 INSC 752 February 2010Dismissed
The Supreme Court examined whether a notice under Section 143(2) of the Income Tax Act, 1961 must be served within the prescribed time before a block assessment can be framed under Chapter XIV‑B for undisclosed income discovered through a search under Section 132. The Court held that the special provisions of Chapter X…
MRS. SHILPA AGGARWALversusMR. AVIRAL MITTAL & ANR.
2010 INSC 762 February 2010Disposed off
The Supreme Court entertained a criminal appeal arising from a Special Leave Petition concerning the implementation of a High Court order that required the husband to facilitate the wife and their minor daughter’s travel to the United Kingdom to contest a custody proceeding pending before the Family Division of the UK …
STATE OF U.P. & ORS.versusSAROJ KUMAR SINHA
2010 INSC 772 February 2010Dismissed
The respondent, a government engineer, was charged with misconduct and suspended. He repeatedly requested copies of documents relied upon in the charge‑sheet, but the department failed to provide them, violating Rule 7(5) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999. The enquiry officer a…
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusVIMAL KUMAR SURANA AND ANOTHER
2010 INSC 8401 December 2010Appeal(s) allowed
Vimal Kumar Surana, who had passed the Chartered Accountant examination but was not a member of the Institute, impersonated a chartered accountant, prepared audit reports and forged the Institute's seal before tax authorities. The Institute filed a criminal complaint alleging offences under the Chartered Accountants Ac…
JOSEPH M. PUTHUSSERYversusT.S. JOHN & ORS.
2010 INSC 8411 December 2010Appeal(s) allowed
The appellant, Joseph M. Puthussery, was elected to the Kerala Legislative Assembly in 2001. Respondent T.S. John filed an election petition alleging that the appellant committed a corrupt practice under s.123(4) of the Representation of the People Act by distributing a pamphlet (Ext. X4) containing false statements ab…
UNION OF INDIAversusA. DURAIRAJ (D) BY LRS.
2010 INSC 8381 December 2010Appeal(s) allowed
A. Durairaj, a senior section engineer of Southern Railways, was denied an ad‑hoc promotion to Assistant Signal and Telecommunication Engineer (ASTE) in 1976 on the ground of colour blindness as certified by a medical report. After obtaining a B.E. degree in 1998, he was medically cleared and promoted as Assistant Work…
LAXMI RAM PAWARversusSITABAI BALU DHOTRE & ANR.
2010 INSC 8391 December 2010Appeal(s) allowed
Sitabai Balu Dhotre claimed ownership of a small room in Pune and sued Laxmi Ram Pawar for possession, alleging Pawar was a trespasser. Pawar argued the room lay in a slum area declared under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and that any eviction suit required prior writte…
GHANSHYAM SHARMA AND ORS.versusSTATE OF RAJASTHAN AND ORS.
2010 INSC 8421 December 2010Disposed off
The case concerned Lower Division Clerks/Upper Division Clerks (special promotees) who were appointed as regular stenographers on 25‑04‑1992 under proviso (5A) of the Rajasthan Secretariat Ministerial Service Rules, 1970, claiming retrospective seniority from their ad‑hoc appointments in 1978‑79. The Court examined whe…
PUNJAB AND SIND BANKversusM/S. ALLIED BEVERAGE COMPANY PVT. LTD. AND ORS.
2010 INSC 6651 October 2010Dismissed
Punjab and Sino Bank had granted cash credit facilities to Allied Beverage Company, which later became a non‑performing asset. The bank recovered the dues through the Debts Recovery Tribunal, which awarded interest at 18% per annum with monthly rests. The High Court modified this order, reducing the pendente lite and f…
M/S KOTHARI INDUSTRIAL CORPORATION LTD.versusTAMIL NADU ELECTRICITY BOARD & ANR.
2010 INSC 6661 October 2010Matter referred to larger bench
The appellants, Kothari Industrial Corporation Ltd. and others, set up new industrial units attracted by a five‑year tariff concession under the Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978. A later notification (30‑April‑1982) altered the concession, stipulating it would not apply once …
STATE OF JHARKHAND & ORS.versusKRISHNA PRADHAN & ORS
2010 INSC 6671 October 2010Hearing Adjourned
The Supreme Court observed that the State of Jharkhand and other governments habitually file appeals and writ petitions after excessive delays, often justifying the lag by bureaucratic red tape. In the present case, a second appeal before the High Court was filed after 501 days and the petition before the Supreme Court…
SANTOKH SINGH & ANR.versusSTATE OF PUNJAB
2010 INSC 5671 September 2010Dismissed
The case involved the murder of Sanjay Kumar, a union leader, who was shot with his own licensed pistol after being taken to a hotel by four accused Union members. The trial court convicted all four under Section 302 read with Section 34 of the IPC, but the High Court upheld the conviction of only two appellants, Santo…
MYLADIMMAL SURENDRAN & ORS.versusSTATE OF KERALA
2010 INSC 5681 September 2010Dismissed
The case involves the murder of a BJP leader in Kerala, allegedly carried out by workers of the Communist Party of India (Marxist) as part of a political rivalry. The victim's wife, along with two other eyewitnesses, identified the assailants, and a dying declaration of the victim corroborated their testimony. The tria…
RAMESH GOBINDRAM (DEAD) THROUGH LRS.versusSUGRA HUMAYUN MIRZA WAKF
2010 INSC 5691 September 2010Appeal(s) allowed
The Wakf Board filed eviction suits against tenants occupying property identified as wakf, and the Wakf Tribunal held it had jurisdiction to decide the matters, ordering eviction. The High Court of Andhra Pradesh affirmed the Tribunal's orders. The appellants challenged the jurisdiction of the Wakf Tribunal under Secti…
PILLAYAR P.K.V.K.N. TRUST THRU RAMANATHANversusKARPAGA N.N.U.S. REP. BY SECRETARY & ORS.
2010 INSC 5661 September 2010Appeal(s) allowed
The Pillayar P.K.V.K.N. Trust, which had acquired 76.12 acres and created a layout of 910 plots, retained 40 plots for its own use. After the Town Panchayat merged with Madurai City Municipal Corporation, the original plan showing those 40 plots as reserved for a school was re‑validated, but a later detailed developmen…
RAJASTHAN PRADESH V.S. SARDARSHAHAR AND ANR.versusUNION OF INDIA AND ORS.
2010 INSC 3341 June 2010Disposed off
The Supreme Court examined whether holders of the "Vaidya Visharad" or "Ayurved Ratna" certificates issued by the Hindi Sahitya Sammelan, Prayag after 1967 could practice medicine under the Indian Medicine Central Council Act, 1970, and whether the cut‑off date of 1967 in Entry 105 of the Act’s Second Schedule was arbi…
LALU PRASAD YADAVversusSTATE OF BIHAR & ANR.
2010 INSC 1881 April 2010Appeal(s) allowed
The Supreme Court examined whether the State of Bihar could file an appeal under Section 378(1) of the Code of Criminal Procedure, 1973 against an acquittal rendered by a Special CBI Judge when the offence was investigated by the Delhi Special Police Establishment (CBI). The Court held that the opening words "save as o…
MYSORE URBAN DEVELOPMENT AUTHORITY BY ITS COMMISSIONERversusVEER KUMAR JAIN & ORS.
2010 INSC 1891 April 2010Appeal(s) allowed
The Mysore Urban Development Authority (MUDA) acquired land for a residential layout, took possession and issued a notification under Section 16(2) of the Land Acquisition Act, 1894. Later, the State Government issued a notification on 15 September 2001 under Section 48(1) of the same Act, withdrawing the acquisition o…
SAWARAN LATA ETC.versusSTATE OF HARYANA & ORS.
2010 INSC 1901 April 2010Dismissed
The State of Haryana issued a notification under Section 4 of the Land Acquisition Act, 1894 on 2 May 2001, followed by a declaration under Section 6 on 30 April 2002, and made an award under Section 11 on 27 April 2004, taking possession of the petitioners' land. The petitioners filed writ petitions in the High Court …
STATE OF MAHARASHTRAversusM/S. HINDUSTAN CONSTRUCTION COMPANY LTD.
2010 INSC 1911 April 2010Dismissed
The State of Maharashtra entered into a construction contract with Hindustan Construction Company Ltd., and after the arbitral tribunal awarded Rs. 17.81 crore to the company, the State filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award on five grounds. The applic…
OSWAL FATS AND OILS LIMITEDversusADDITIONAL COMMISSIONER (ADMINISIRATION), BAREILLY DIVISION, BAREILLY AND OTHERS
2010 INSC 1921 April 2010Dismissed
Oswal Fats and Oils Ltd, a company, applied for permission under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 to purchase more than the permitted 12.5 acres but bought 40.45 acres without approval. The Collector ordered that only 12.5 acres could be retained and the excess 27.95 acres vested in the …
STATE OF MADHYA PRADESHversusBALRAM MIHANI & ORS.
2010 INSC 721 February 2010Dismissed
The State of Madhya Pradesh filed criminal appeals against a Madhya Pradesh High Court order that quashed police applications under Chapter VII‑A of the Code of Criminal Procedure, 1973, seeking attachment and forfeiture of properties of Balram Mihani and others alleged to be derived from local offences such as gamblin…
UNION OF INDIAversusR.K. CHOPRA
2010 INSC 731 February 2010Appeal(s) allowed
R.K. Chopra, a Desk Officer, was suspended from service in 1989 and remained under suspension when the Central Civil Services (Revision Pay) Rules, 1997 came into force on 1 January 1996. He claimed entitlement to a revised subsistence allowance based on the new pay scale, filing representations which were rejected, an…
RAKHI RAY & ORS.versusTHE HIGH COURT OF DELHI & OR$.
2010 INSC 701 February 2010Dismissed
The Supreme Court examined appeals by several General Category candidates (Rakhi Ray & Ors.) who sought appointment as District Judges after the High Court of Delhi had filled 13 advertised General Category vacancies and left some reserved posts unfilled. The petitioners argued that 13 additional vacancies that arose d…
RAMESH KUMARversusHIGH COURT OF DELHI & ANR.
2010 INSC 711 February 2010Appeal(s) allowed
The Delhi High Court advertised 20 District Judge vacancies, reserving three for Scheduled Castes. Two SC candidates, Ramesh Kumar and Desh Raj Chalia, cleared the written test but were deemed unsuitable because they failed to obtain the prescribed minimum marks in the interview. They filed writ petitions under Article…
CANTONMENT BOARD, MEERUT & ANR.versusK.P. SINGH & ORS.
2010 INSC 741 February 2010Appeal(s) allowed
The Meerut Cantonment Board floated a tender for the right to collect toll tax on commercial vehicles. Respondents 1 and 2 (K.P. Singh and Gaurav Traders) submitted the highest bid of Rs 1.02 lakh per day, which was approved. Respondent 5 filed a writ petition seeking a fresh tender and offered to pay Rs 1.25 lakh per …