MOHAMMAD AFTAB MIRversusSTATE OF J & K & ORS.
2011 INSC 25231 March 2011Appeal(s) allowed
The appellant, a Sub‑Inspector of the Jammu & Kashmir Police, claimed out‑of‑turn promotion for his exemplary conduct during the 1995 Charare Sharif incident, relying on Circular No.14‑GR of 1990 which provided accelerated promotion for outstanding anti‑militancy performance. The High Court dismissed his petition, appl…
STATE OF U.P.versusPREETAM & ORS.
2011 INSC 24831 March 2011Dismissed
The State of Uttar Pradesh charged Preetam and four others with murder, assault and rioting under Sections 302, 149, 307 and 323 of the Indian Penal Code for the killing of Guiab and Chhatrapal. The trial court convicted them, but the Allahabad High Court acquitted them on the ground of self‑defence, finding serious in…
SHINDO ALIAS SAWINDER KAUR AND ANR.versusSTATE OF PUNJAB
2011 INSC 24731 March 2011Appeal(s) allowed
Balbir Kaur died from severe burns allegedly after her mother‑in‑law and sister‑in‑law demanded additional dowry. Two dying declarations were recorded by an ASI and a magistrate, but the trial court rejected them as unreliable because the victim had 100% burn injuries. The High Court, relying on the victim's father's s…
K.J.S. BUTTARversusUNION OF INDIA AND ANR.
2011 INSC 24931 March 2011Appeal(s) allowed
The appellant, a former Indian Army captain who was invalided out in 1979 with a 50% disability, sought a War Injury Pension, an increase of his disability rating to 75%, a service element for his full ten‑year short service commission, and revised pension rates, relying on the Ministry of Defence letter dated 31‑Jan‑2…
REVANASIDDAPPA AND ANR.versusMALLIKARJUN AND ORS.
2011 INSC 25131 March 2011Matter referred to larger bench
The appeal arose from a Karnataka High Court decision on a partition suit involving children born of a void second marriage. The petitioners claimed that the children of the void marriage were illegitimate and therefore not coparceners in the ancestral property, while the respondents argued they were entitled to a shar…
DEEPAK AGARWAL & ANR.versusSTATE OF UTTAR PRADESH & ORS.
2011 INSC 25031 March 2011Dismissed
The appellants, a Technical Officer and a Statistical Officer in the Uttar Pradesh Excise Group ‘A’ Service, challenged a 1999 amendment that excluded their cadres from promotion to Deputy Excise Commissioner, arguing that ten vacancies that arose before the amendment should be filled under the old 1983 rules. The Supr…
KRISHNADEVI MALCHAND KAMATHIA & ORS.versusBOMBAY ENVIRONMENTAL ACTION GROUP & ORS.
2011 INSC 8531 January 2011Disposed off
The Supreme Court examined contempt applications arising from the appellants' (Krishnadevi Malchand Kamathia & Ors.) alleged violation of a conditional order permitting them to repair an old bund on land classified as CRZ‑1 and notified as a reserve forest. The Court found that the appellants, under the pretext of repa…
VARGHESE K. JOSEPHversusTHE CUSTODIAN & ORS.
2011 INSC 8431 January 2011Appeal(s) allowed
The appellant, a small investor, purchased 100 equity shares of Reliance Industries Ltd. through a broker, only to discover later that the shares were "tainted" and the company refused dividend payment. He filed an application before the Special Court under the Special Courts (Trial of Offences Relating to Transactions…
SOU. SANDHYA MANOJ WANKHADEversusMANOJ BHIMRAO WANKHADE & ORS.
2011 INSC 8331 January 2011Appeal(s) allowed
The appellant, Sandhya Manoj Wankhade, filed a complaint under the Protection of Women from Domestic Violence Act, 2005 against her husband and his mother‑in‑law and sister‑in‑law. The trial court and the Nagpur Bench of the Bombay High Court deleted the mother‑in‑law and sister‑in‑law from the proceedings on the groun…
NATIONAL COUNCIL FOR TEACHER EDUCATION AND OTHERSversusSHRI SHYAM SHIKSHA PRASHIKSHAN SANSTHAN AND OTHERS ETC. ETC.
2011 INSC 8631 January 2011Disposed off
The private institutions applied in late 2007‑2008 for NCTE recognition to start B.Ed. courses, but the Northern Regional Committee rejected them citing that the cut‑off dates for application submission (31 Oct) and decision communication (15 May) prescribed in Regulation 5 of the 2007 Regulations, as amended on 1 July…
GAJANAN SAMADHAN LANDEversusSANJAY SHYAMRAO DHOTRE
2011 INSC 82630 November 2011Dismissed
The appellant, a voter, challenged the election of the respondent, a Lok Sabha MP, alleging disqualification under Section 100(1)(a) of the Representation of People Act, 1951 on the ground that he was a director of the Maharashtra Seeds Corporation, a government‑owned company. The High Court held that the respondent wa…
IQBAL SINGH NARANG & ORS.versusVEERAN NARANG
2011 INSC 82730 November 2011Dismissed
The respondent filed a criminal complaint under IPC sections 193, 420 and 120‑B alleging that the appellants made false statements before the Rent Controller. The Rent Controller, a statutory quasi‑judicial body, had earlier disposed of a related application, holding the complaint pending. A Judicial Magistrate later i…
OM PRAKASH & ANR.versusUNION OF INDIA & ANR.
2011 INSC 72830 September 2011Disposed off
The Supreme Court examined whether offences under the Central Excise Act, 1944 and the Customs Act, 1962 are non‑cognizable and, if so, whether they are bailable. It held that Section 9A of the Excise Act and Section 104(4) of the Customs Act expressly deem the offences non‑cognizable, and that the statutes themselves,…
CHATTERJEE PETROCHEM (I) PVT. LTD.versusHALDIA PETROCHEMICALS LTD. & ORS.
2011 INSC 72930 September 2011Dismissed
The Chatterjee Group filed a Company Petition under Sections 397, 398, 399, 402, 403 and 406 of the Companies Act, 1956 alleging oppression by Haldia Petrochemicals Ltd. (HPL) for failing to register 155 million shares transferred to them and for allotting 150 million shares to Indian Oil Corporation, which they claime…
DNYANESHWAR RANGANATH BHANDARE & ANR.versusSADHU DADU SHETTIGAR (SHETTY) & ANR.
2011 INSC 73030 September 2011Appeal(s) allowed
The appellants, sons of a deceased property owner, claimed ownership of two rooms and alleged that the respondents were merely gratuitous licencees, while the respondents asserted they were tenants paying rent since 1982. The trial court found the respondents were licencees and granted possession to the appellants; the…
PANKAJ MAHAJANversusDIMPLE @ KAJAL
2011 INSC 73530 September 2011Appeal(s) allowed
The husband filed a petition under Section 13 of the Hindu Marriage Act seeking divorce on the grounds of cruelty and the wife’s incurable unsound mind, alleging that she suffered from schizophrenia and repeatedly threatened suicide. The trial court granted the decree, but the High Court set it aside, holding that the …
SHAM @ KISHOR BHASKARRAO MATKARIversusTHE STATE OF MAHARASHTRA
2011 INSC 73230 September 2011Case Partly allowed
Sham @ Kishor Bhaskarrao Matkari was convicted for murdering his brother Manohar, sister‑in‑law Meena and nephew Akhilesh, and for attempting to murder two other children, arising from a land‑dispute quarrel. The trial court sentenced him to life imprisonment and seven years rigorous imprisonment, but the High Court en…
UNION OF INDIAversusHASSAN ALI KHAN AND ANR.
2011 INSC 73430 September 2011Appeal(s) allowed
The Union of India appealed against the Bombay High Court's order granting bail to Hassan Ali Khan, who was accused under Section 4 of the Prevention of Money Laundering Act (PMLA) for handling billions of dollars allegedly derived from criminal activity and for obtaining multiple passports fraudulently. The Supreme Co…
STATE OF RAJASTHAN & ORS .versusSHANKAR LAL PARMAR
2011 INSC 73330 September 2011Appeal(s) allowed
The State of Rajasthan issued an Office Order in 1992 granting Selection Grades to Class IV and subordinate employees after 9, 18 and 27 years of service, provided their service record was satisfactory. A 1992 circular initially held that a censure would not affect eligibility, but a later Office Order in 1995 clarifie…
STATE OF HARYANAversusMUKESH KUMAR & ORS.
2011 INSC 73130 September 2011Dismissed
The State of Haryana, through the Superintendent of Police, filed a civil suit claiming ownership of a parcel of land on the basis of adverse possession. The defendants, who were the registered owners, contested the claim, and the trial court, appellate court, and High Court all dismissed the suit, holding that the Sta…
MRS. ASHA SHARMAversusCHANDIGARH ADMINISTRATION AND ORS.
2011 INSC 62630 August 2011Disposed off
The appellant, a retired IAS officer appointed as State Information Commissioner, sought to retain the government house she occupied in Chandigarh beyond the four‑to‑six‑month period prescribed under Rule 13 of the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996. The Estate Officer …
SANJOY NARAYAN EDITOR IN CHIEF HINDUSTAN & ORS.versusHON. HIGH COURT OF ALLAHABAD THR. R.G.
2011 INSC 62330 August 2011Disposed off
The Hindustan Times published an article on 20 September 2010 containing adverse and unverified information about the then Chief Justice of the Allahabad High Court, leading to contempt of court proceedings under the Contempt of Courts Act. The appellants, including Sanjoy Narayan, Editor‑in‑Chief of Hindustan, appeale…
M/S. AIR LIQUIDE NORTH INDIA PVT. LTD.versusCOMMISSIONER, CENTRAL EXCISE, JAIPUR-I
2011 INSC 62530 August 2011Dismissed
Air Liquide North India Pvt. Ltd. purchased bulk helium gas and, after conducting moisture and purity tests, graded the gas into different categories, repacked it into smaller cylinders and issued separate quality certificates before selling it at a 40‑60% profit margin. The Central Excise authorities held that these a…
COMMNR. OF CENTRAL EXCISE, MEERUT-IIversusM/S. SUNDSTRAND FORMS P. LTD.
2011 INSC 62230 August 2011Appeal(s) allowed
The appellant, Commissioner of Central Excise, challenged the Tribunal's decision that the carbonless paper used by the respondent, Sundstrand Forms Ltd., in manufacturing computer stationery was exempt from duty. The respondent argued that the intermediate carbonless paper should be classified under sub‑headings 4901.…
MIS. SHIV COTEXversusTIRGUN AUTO PLAST P. LTD. & ORS.
2011 INSC 62430 August 2011Appeal(s) allowed
The plaintiff, Mis. Shiv Cotex, sued the Punjab Financial Corporation for allegedly illegal takeover of its mortgaged assets under the State Financial Corporations Act, 1951. The trial court dismissed the suit after the plaintiff failed to produce evidence on three scheduled dates, invoking Order XVII Rule 3(a) of the …
RAKESH SHARMA & ORS.versusSTATE OF M.P. & ORS.
2011 INSC 62130 August 2011Dismissed
The Supreme Court examined appeals filed by shopkeepers (appellants) challenging a series of orders issued by the Madhya Pradesh High Court directing the Municipal Corporation of Gwalior to demolish alleged encroachments, construct a new multi‑storey Gandhi Market, and provide alternate accommodation to the shopkeepers…
K.K. VELUSAMYversusN. PALANISAMY
2011 INSC 24330 March 2011Case Partly allowed
The appellant, K.K. Velusamy, filed a suit for specific performance of a sale agreement, which he claimed was merely a security for a loan. After the evidence was closed, he sought to reopen the evidence and recall two witnesses to cross‑examine them about admissions recorded on a compact disc, alleging that the record…
HARJIT SINGHversusSTATE OF PUNJAB
2011 INSC 24530 March 2011Dismissed
On 4 July 2003, the appellant Harjit Singh was stopped by police and found carrying a plastic bag containing 7.10 kg of opium. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The appellant contended that, because the opium contained only 0.8% morphine (56.96 g), the …
CHANDRA BONIAversusSTATE OF ASSAM
2011 INSC 24030 March 2011Dismissed
The Supreme Court examined the appeal of Chandra Sonia, convicted of double murder under IPC s.302 and sentenced to life imprisonment on two counts. The prosecution's case rested on an extra‑judicial confession made by the accused to a neighbor (PW 7) on the day of the murders and on the recovery of the alleged murder …
UNION OF INDIA AND ANR.versusM.M. SHARMA
2011 INSC 24130 March 2011Appeal(s) allowed
The case concerned M.M. Sharma, a First Secretary in the Indian Embassy in China, who was dismissed from service under clause (c) of the second proviso to Article 311(2) of the Constitution because of alleged unauthorized liaison with foreign nationals that threatened national security. Sharma challenged the dismissal …
UNION OF INDIAversusGLAXO INDIA LTD. & ANR.
2011 INSC 24430 March 2011Appeal(s) allowed
Glaxo India Ltd. manufactured three bulk drugs and their formulations. The Central Government fixed maximum prices for these drugs by notifications dated 12‑May‑1981, 20‑Nov‑1986 and 2‑Jan‑1989, the latter superseding the earlier ones. The Government later demanded that Glaxo deposit Rs 71.21 crore into the Drug Prices…
THE DIRECTOR GENERAL, INDIAN COUNCIL FOR AGRICULTURAL RESEARCH & OTHERSversusD. SUNDARA RAJU
2011 INSC 24630 March 2011Dismissed
The respondent, a Senior Scientist, was assessed for promotion to Principal Scientist under ICAR's Career Advancement Scheme. The Selection Committee allocated 50% of the total marks to a personal interview, a method not disclosed to the candidate, and he scored only 49 marks, failing to meet the 60‑mark threshold. The…
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIAversusSUBODH SINGH & ORS.
2011 INSC 23930 March 2011Appeal(s) allowed
The Dedicated Freight Corridor Corporation acquired land for a special railway project under the Railways Act, 1989. After a gazette notification of acquisition on 16‑Dec‑2008, a public notice was published in newspapers on 20‑Feb‑2009 and the compensation award was made on 8‑Feb‑2010. The landowner challenged the awar…
STATE OF U.P. AND ORS.versusREKHA RANI
2011 INSC 23830 March 2011Appeal(s) allowed
MINERAL AREA DEVELOPMENT AUTHORITY ETC.versusM/S. STEEL AUTHORITY OF INDIA AND ORS.
2011 INSC 23730 March 2011Matter referred to larger bench
The Supreme Court, hearing a civil appeal filed by the Mineral Area Development Authority against the Steel Authority of India, noted a conflict between two earlier decisions—one by a five‑Judge Bench in State of West Bengal v. Kesoram Industries Ltd. and another by a seven‑Judge Bench in India Cement Ltd. v. State of …
SUBRAMANI @ JEEVA @ KULLAJEEVAversusS.H.O., ODIYANSALAI
2011 INSC 24230 March 2011Dismissed
On 4 November 1991, at a restaurant in Pondicherry, Subramani and six others attacked PW1, his brother Tamilvendhan and friends, stabbing Tamilvendhan to death. PW1 survived with injuries and identified Subramani in a test identification parade. The trial court acquitted all accused, doubting PW1's presence, intoxicati…
KETAN V. PAREKHversusSPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER.
2011 INSC 82529 November 2011Dismissed
The Special Director of Enforcement imposed a penalty on Ketan V. Parekh and others under the Foreign Exchange Management Act, 1999. The appellants filed appeals under Section 35 of the Act and sought condonation of a 1,056‑day delay, arguing that the time spent pursuing writ petitions in the Delhi High Court should be…
UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCEversusRABINDER SINGH
2011 INSC 72729 September 2011
The appellant Union of India alleged that Major Rabinder Singh, while commanding the 6 Armoured Regiment, fraudulently countersigned bills to claim Rs.77,692 for vehicle modifications that were never carried out, resulting in wrongful loss to the Army. A Court of Inquiry and a General Court Martial found him guilty und…
M/S NTPC LTD.versusM.P. STATE ELECTRICITY BOARD & ORS.
2011 INSC 72429 September 2011Disposed off
NTPC Ltd., a government‑owned power generator, supplied electricity to Madhya Pradesh, Punjab and Delhi electricity boards and later sought a tariff determination from the Central Electricity Regulatory Commission (CERC). CERC fixed a final tariff lower than the provisional tariff, finding that NTPC had collected exces…
STATE OF MADHYA PRADESHversusNARMADA BACHAO ANDOLAN & ANR.
2011 INSC 72329 September 2011Disposed off
The State of Madhya Pradesh sought to abandon land acquisition of 284.03 hectares in five villages, prompting Narmada Bachao Andolan (NBA) to argue that the abandonment order was void because the land had already been taken into possession. The Supreme Court, after a spot inspection ordered by it, found that the tenure…
M/S. ROYAL ORCHID HOTELS LIMITED AND ANOTHERversusG. JAYARAM REDDY AND ORS.
2011 INSC 72629 September 2011Dismissed
The Karnataka State Tourism Development Corporation acquired 37 acres of land for a golf‑cum‑hotel resort under the Land Acquisition Act, 1894, but later transferred portions of the land to private entities. Several landowners challenged the acquisition, alleging fraud and diversion of public purpose. The High Court, a…
JAMALUDDINversusSTATE OF JAMMU & KASHMIR AND ORS.
2011 INSC 72529 September 2011Dismissed
Jamal Uddin, a Scheduled Tribe candidate born on 31‑01‑1965, applied for a regular Munsif post in Jammu & Kashmir after serving as an adhoc Munsif. The 2002 Public Service Commission notification required candidates to be not more than 35 years old as of 1 January of the examination year, and his application was reject…
MD. MURTAZA & ORS.versusSTATE OF ASSAM & ORS.
2011 INSC 62029 August 2011
The appellants, wholesale vegetable and fruit vendors, were ordered by the Gauhati High Court to vacate the Machkhowa market in Guwahati to make way for an administrative building, and were directed to shift to a new market at Ganeshguri. They challenged the order, claiming a violation of their fundamental right to car…
C. VENKATACHALAMversusAJITKUMAR C. SHAH AND OTHERS
2011 INSC 61829 August 2011Dismissed
Two consumer complaints were filed before the South Mumbai District Consumer Forum, and the opposite parties objected to the appearance of an authorized agent who was not an advocate. The High Court held that the Consumer Protection Act, 1986 permits parties to be represented by authorized agents and that this does not…
RAGHUBIR SINGHversusSTATE OF RAJASTHAN AND ORS.
2011 INSC 61929 August 2011Appeal(s) allowed
The case arose from a violent land dispute in which the deceased Girdhari was killed while both parties were ploughing the same field. The trial court convicted seven of nine accused under Sections 302, 307 and related provisions, but the High Court modified the convictions, reducing Kallu's charge to Section 304 Part …
T. C. THANGARAJversusV. ENGAMMAL & ORS.
2011 INSC 52929 July 2011Appeal(s) allowed
The complainant alleged that a police inspector, his wife, and an associate defrauded her of Rs.3 lakh in a loan transaction and that the investigation was halted after the money was returned. She filed a petition under Section 482 of the CrPC seeking to have the case investigated by the CBI, arguing that the presence …
RANJANA PRAKASH AND ORS.versusDIVISIONAL MANAGER AND ANR.
2011 INSC 52729 July 2011Appeal(s) allowed
The deceased, a 46‑year‑old bank manager earning Rs.23,134 per month, died in a motor accident. The Motor Accident Claims Tribunal awarded compensation of Rs.24,12,936 with interest. The insurer appealed, and the High Court reduced the award by 30% on the ground of income‑tax deduction, bringing it down to Rs.16,89,055…
PADAL VENKATA RAMA REDDY @ RAMUversusKOWURI SATYANARAYANA REDDY AND ORS.
2011 INSC 52829 July 2011Appeal(s) allowed
The appellant alleged that A‑1 to A‑12 conspired, motivated by political rivalry, to assault and attempt to kill him, leading to a charge‑sheet under Sections 120‑B, 147, 148, 427, 307, 201 (r.w.) and 149 of the IPC. While the trial was pending, A‑1 to A‑3 filed a petition under Section 482 of the CrPC seeking to quash…
WAMAN & ORS.versusSTATE OF MAHARASHTRA
2011 INSC 41929 June 2011Dismissed
The case arose from a long‑standing land and water dispute that culminated in a violent assault on Suresh and Atmaram Bohare, who later died of their injuries. The prosecution relied on the testimony of four close relatives of the victims, medical autopsy reports, and weapons recovered from some accused. The appellants…
PRAHLAD SINGH & ORS.versusUNION OF INDIA & ORS.
2011 INSC 34429 April 2011Appeal(s) allowed
The appellants' land in Haryana was notified for acquisition in 2002 and an award was passed in 2004 under the Land Acquisition Act, 1894. They filed writ petitions alleging that the land fell within a green belt under the Regional Plan 2001, that the acquisition violated the National Capital Region Planning Board Act,…
AGRICULTURAL MARKET COMMITIEE A.P. ETC.versusM/S M.K. EXPORTS, A.P. ETC. ETC.
2011 INSC 34529 April 2011Appeal(s) allowed
The Agricultural Market Committee of Andhra Pradesh initiated criminal proceedings against traders of M.K. Exports for non‑payment of market fees that were re‑assessed under Section 12‑8(5) of the A.P. Agricultural (Produce and Livestock) Markets Act, 1966. The traders filed petitions under Section 482 of the Code of C…
P. SESHADRIversusS. MANGATI GOPAL REDDY AND ORS.
2011 INSC 23329 March 2011Appeal(s) allowed
The Tirumala Tirupathi Devasthanam (TTD) Board extended the service of retired Parpathedar P. Seshadri on a contract basis beyond the age of sixty. Respondent S. Mangati Gopal Reddy filed a writ petition, styled as a public‑interest litigation, alleging that the extensions violated Rule 13 of the TTD Service Rules, 198…
ASMATHUNNISAversusSTATE OF A.P. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD & ANOTHER
2011 INSC 23229 March 2011Appeal(s) allowed
The appellant, Asmathunnisa, and her husband were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly insulting a complainant by naming his caste in the complainant's absence. The appellant argued that the offence requires the victim to be presen…
DEUTSCHE POST BANK HOME FINANCE LTD.versusTADURI SRIDHAR AND ANR.
2011 INSC 23629 March 2011Appeal(s) allowed
The first respondent bought an unfinished apartment and contracted the developer to complete it, invoking an arbitration clause in their construction agreement dated 21‑02‑2008. The respondent also had a separate loan agreement with the appellant bank, which contained its own arbitration clause. When the developer fail…
MEHBOOB BATCHA AND ORS.versusSTATE REP. BY SUPDT. OF POLICE
2011 INSC 22929 March 2011Dismissed
The appellants, police officers, illegally detained Nandagopal, beat him to death in police custody and gang‑raped his wife Padmini within the police station. The trial court and High Court convicted them based on the testimony of 37 witnesses, including the victim, and sentenced one officer to three years and the othe…
ASSISTANT COMMERCIAL TAXES OFFICERversusM/S MAKKAD PLASTIC AGENCIES
2011 INSC 23529 March 2011Appeal(s) allowed
The Rajasthan Sales Tax Assessing Officer had assessed M/s Makkad Plastic Agencies at a 10% rate, which was later set aside by the Deputy Commissioner (Appeals) and then restored by the Rajasthan Taxation Board. The assessee filed a rectification application under Section 37 of the Rajasthan Sales Tax Act, 1994, prompt…
RANJIT SINGHversusSTATE OF PUNJAB
2011 INSC 23029 March 2011Appeal(s) allowed
Ranjit Singh was charged with murdering his wife Gurmail Kaur on 1 September 1990, with the prosecution alleging that he, his sisters and his grandmother participated in the killing. The evidence consisted of a post‑mortem report indicating strangulation, an electric wire found near the body, and extra‑judicial confess…
BINOD KUMARversusSTATE OF JHARKHAND AND ORS.
2011 INSC 23429 March 2011Dismissed
The case concerned a multi‑crore iron‑ore mining lease scam involving former ministers of Jharkhand, including a former chief minister, with allegations of illicit wealth amassed through abuse of official position. The High Court, noting the complexity and trans‑national nature of the alleged investments, referred the …
STATE OF RAJASTHANversusTARA SINGH
2011 INSC 23129 March 2011Dismissed
Tara Singh was apprehended carrying 8 kg of opium in a gunny bag on his head. He was searched under Section 50 of the NDPS Act, samples were taken and sent to a laboratory, and he was convicted and sentenced to ten years' imprisonment and a fine. The High Court set aside the conviction on two grounds: non‑compliance wi…
PUNJAB STATE WAREHOUSING CORPORATION FARIDKOTversusM/S SH. DURGA JI TRADERS & ORS.
2011 INSC 82328 November 2011Appeal(s) allowed
The Punjab State Warehousing Corporation filed a private criminal complaint under Sections 406 and 409 of the IPC alleging a shortage of rice entrusted to the respondents. The trial court had earlier exempted the complainant from personal appearance, but later dismissed the complaint in default on the ground that the c…
K.N. GOVINDAN KUTTY MENONversusC.D. SHAJI
2011 INSC 82428 November 2011Appeal(s) allowed
The appellant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, which the magistrate referred to a Lok Adalat for settlement. The parties reached a compromise and the Lok Adalat passed an award, but the respondent failed to honour the payment schedule, leading the appellant to file an exec…
BALJINDER SINGH @ BITTUversusSTATE OF PUNJAB
2011 INSC 72028 September 2011Appeal(s) allowed
In July 1994, Baljinder Singh and his brother Bhupinder Singh assaulted Kulwinder Singh, the owner of a cart that had inadvertently entered their paddy field, inflicting knife and fist injuries. The trial court convicted Baljinder under IPC sections 326 and 324, sentencing him to four years rigorous imprisonment with a…
BEDANGA TALUKDARversusSAIFUDAULLAH KHAN & ORS.
2011 INSC 72128 September 2011Appeal(s) allowed
The Assam Public Service Commission advertised a combined competitive examination with a reservation of 3% for physically disabled candidates. Respondent No.1, a physically disabled applicant, applied under the original advertisement but did not submit the required disability certificate by the stipulated deadline, nor…
NASIB HUSSAIN SIDDI AND ORS.versusSTATE OF GUJARAT
2011 INSC 71928 September 2011Appeal(s) allowed
In 2003 a police constable attempted to escort two men to the police station; one, Hussain Ibrahim Siddi, grabbed and pushed the constable while his wife and mother intervened verbally. All three were convicted under IPC sections 325, 506(2), 333, 342 and 114 and sentenced to three years, later reduced by the Gujarat H…
RAJESH KUMARversusSTATE THROUGH GOVT. OF NCT OF DELHI-II
2011 INSC 72228 September 2011Disposed off
The appellant Rajesh Kumar was convicted of murdering two children, aged four years and eight months, and was sentenced to death by the trial court and the Delhi High Court. On appeal, the Supreme Court examined whether the death penalty was justified under the "rarest of rare" doctrine, emphasizing the need to balance…
THE GREATER HYDERABAD MUNICIPAL CORPORATIONversusM. PRABHAKAR RAO
2011 INSC 52528 July 2011Appeal(s) allowed
The respondent, a bill collector in the Greater Hyderabad Municipal Corporation, was suspended in 1997 on allegations of accepting a bribe. He was later acquitted in the criminal trial because the complainant turned hostile and the prosecution failed to prove the gratuity was illegal. The competent authority, after re‑…
BIHAR STATE HOUSING BOARD & ORS.versusASHA LATA VERMA
2011 INSC 52228 July 2011Case Partly allowed
The Bihar State Housing Board allotted a MIG flat to Ram Chandra Prasad Verma, who paid the full price and later died. His wife, Asha Lata Verma, obtained transfer of the flat in her name and subsequently sought to transfer it to her daughter‑in‑law, prompting the Board to issue a demand notice for alleged outstanding …
GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANRversusSTATE OF MADHYA PRADESH
2011 INSC 52628 July 2011Dismissed
The Drug Inspector seized a sample of Betnesol tablets manufactured by Glaxo Smith Kline Pharmaceuticals and sent it to the Government Analyst, who certified on 27 August 1997 that the sample was not of "standard quality". A show‑cause notice was issued on 29 September 1997, to which the company replied on 3 November 1…
UMERKHANversusBISMILLABI @ BABULAL SHAIKH & ORS.
2011 INSC 52128 July 2011Appeal(s) allowed
Umerkhan appealed to the Supreme Court against a judgment of the Bombay High Court that had set aside the first appellate court's decree in a partition suit and restored the trial court's decree. The High Court had entertained the second appeal under Section 100 of the Code of Civil Procedure, 1908, but did not formula…
SUDARSHAN KUMARversusSTATE OF HARYANA
2011 INSC 52328 July 2011
The appellant, Sudarshan Kumar, was convicted under Section 306 of the Indian Penal Code for abetting the suicide of his wife, Sudesh, who could not conceive a child and was repeatedly harassed, beaten, and sent away by him. The trial court sentenced him to seven years' rigorous imprisonment, a sentence upheld by the H…
SHEELKUMAR JAINversusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS.
2011 INSC 52428 July 2011Appeal(s) allowed
Sheelkumar Jain, an employee of New India Assurance (formerly Liberty Insurance), served for over 20 years and in September 1991 gave a three‑month notice to leave service, which was accepted in December 1991. After the General Insurance (Employees') Pension Scheme, 1995 was introduced, he applied to opt for pension, b…
ROOPSENA KHATUNversusSTATE OF WEST BENGAL
2011 INSC 34328 April 2011Appeal(s) allowed
Roopsena Khatun, a 15‑year‑old orphan girl, was convicted of murdering a child, Baby Khatun, by allegedly drowning her in a pond and stealing a silver chain from the corpse. The prosecution's case rested on four circumstantial pieces: the accused’s alleged disclosure and pointing out the body, an extra‑judicial confess…
KANWARJIT SINGH KAKKARversusSTATE OF PUNJAB AND ANR.
2011 INSC 33928 April 2011Appeal(s) allowed
Two government doctors were alleged to have engaged in private practice after hours, charging Rs 100 per patient, in violation of a government circular that prohibited such practice without permission. An FIR was lodged under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section…
RAM SINGHversusCENTRAL BUREAU OF NARCOTICS
2011 INSC 34228 April 2011Appeal(s) allowed
The appellant, a hotel servant, was arrested after 2.1 kg of opium was recovered from a hotel room and he made two confessional statements to officers of the Central Bureau of Narcotics (CBN). The trial court convicted him under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, relying on …
BUDDHU SINGHversusSTATE OF BIHAR (NOW JHARKHAND)
2011 INSC 34128 April 2011Case Partly allowed
Three accused—Buddhu Singh, his father Ledwa Singh and brother Balchand Singh—grappled with the deceased and Buddhu delivered a single axe blow that struck the victim's head, causing fatal injuries. The trial court and the High Court convicted all of them under Section 302 IPC for murder and sentenced them to life impr…
A.C. MUTHIAHversusBOARD OF CONTROL FOR CRICKET IN INDIA AND ANR.
2011 INSC 33728 April 2011Matter referred to larger bench
The appellant, a former President of the BCCI, challenged an amendment to Clause 6.2.4 of the BCCI's Regulations that exempted IPL, Champions League and Twenty‑20 events from the ban on administrators having commercial interests. He argued that the amendment was made to benefit the second respondent, who as a BCCI offi…
NATHA SHANKAR MAHAJANversusSTATE OF MAHARASHTRA
2011 INSC 34028 April 2011Dismissed
The appellant was convicted under Section 302 IPC for allegedly beating his wife and setting her ablaze. The sole basis of the conviction was the victim's dying declaration, recorded by an executive magistrate and endorsed by the treating doctor as being made while she was conscious. The appellant contended that any do…
M/S. J.G. ENGINEERS PVT. LTD.versusUNION OF INDIA AND ANR.
2011 INSC 33828 April 2011Appeal(s) allowed
The Government awarded a works contract for the extension of Guwahati airport terminal to J.G. Engineers, which was later terminated for alleged slow progress. The parties referred their dispute to arbitration as per the contract, and the sole arbitrator awarded the contractor a sum of Rs.1.04 crore, rejecting the resp…
BHARAT RATNA INDIRA GANDHI COLLEGE OF ENGINEERING & OTHERSversusSTATE OF MAHARASHTRA & ORS.
2011 INSC 22828 March 2011Appeal(s) allowed
The Supreme Court reviewed a writ petition in which the Bombay High Court, Nagpur bench, had taken suo motu action without any petition and ordered that private unaided engineering colleges in Maharashtra would be barred from admitting students if they failed to appoint a permanent principal by a specified date. The Co…
R. RAMACHANDRAN NAIRversusTHE DEPUTY SUPERINTENDENT VIGILANCE POLICE & ANR.
2011 INSC 22628 March 2011Appeal(s) allowed
R. Ramachandran Nair, the first Vice‑Chancellor of Sree Sankaracharya University of Sanskrit, was accused of obtaining a pecuniary advantage while overseeing earth‑filling of university land. An FIR was lodged in 1996 and a charge‑sheet filed after an 8½‑year delay, without obtaining the prior sanction of the Universit…
RAJESH SINGH & ORS.versusSTATE OF U.P.
2011 INSC 22728 March 2011Dismissed
The appellants were charged with murdering an eleven‑year‑old boy who was beaten and later found hanged in a house belonging to one of them. The trial court acquitted them, dismissing the testimony of two eye‑witnesses and the medical evidence, and questioning the timing of the FIR and the credibility of the witnesses.…
UNION OF INDIA AND ORS.versusMANAS KUMAR GUHA
2011 INSC 16428 February 2011Appeal(s) allowed
The respondent, a constable of the Railway Protection Force, was charged with assaulting and robbing a passenger. An enquiry officer found him guilty and the disciplinary authority ordered his removal from service. The appellate authority set aside the removal, ordered a de novo enquiry, and again found him guilty, sub…
THE STATE OF MAHARASHTRA AND ORS.versusMIS. ARK BUILDERS PVT. LTD.
2011 INSC 16628 February 2011Appeal(s) allowed
The dispute concerned the timing of the limitation period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The arbitrator gave a signed copy of the award only to the claimant, while the respondent (appellant) received an unsigned Xerox copy only af…
M/S. MUSTAN TAHERBHAIversusCOMMNR. OF CENTRAL EXCISE AND CUSTOMS
2011 INSC 16328 February 2011Disposed off
RANU HAZARIKA & ORS.versusSTATE OF ASSAM & ORS.
2011 INSC 16528 February 2011Appeal(s) allowed
The Supreme Court examined the validity of the Assam Elementary Education (Provincialization) (Amendment) Rules, 2005 which gave preference to teachers who had undergone training rather than mandating a diploma as required by the National Council for Teacher Education (NCTE) Act, 1993 and its 2001 Regulations. The High…
JAGPAL SINGH & ORS.versusSTATE OF PUNJAB & ORS.
2011 INSC 8128 January 2011Dismissed
The Gram Panchayat of Rohar Jagir filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 to evict the appellants who had illegally occupied a village pond and constructed houses on it. The Collector regularized the occupants’ possession, claiming it was not in the public interest…
STATE THROUGH C.B.I.versusMAHENDER SINGH DAHIYA
2011 INSC 8028 January 2011Dismissed
The State alleged that Dr. Mahender Singh Dahiya strangulated his wife Namita during their honeymoon in Brussels, dismembered her body and disposed of the parts, while the prosecution failed to produce a weapon, reliable forensic identification of the body parts, or a clear motive. The trial court convicted Dahiya unde…
PRAFULL GORADIAversusUNION OF INDIA
2011 INSC 8228 January 2011Dismissed
Prabull Goradia, a Hindu, filed a writ petition under Article 32 challenging the constitutional validity of the Haj Committee Act, 2002, alleging that taxes he pays are used to fund the Muslim Haj pilgrimage, thereby violating Articles 27, 14 and 15 of the Constitution. The Court examined the scope of Article 27, holdi…
PARMESHWARIversusAMIR CHAND & ORS.
2011 INSC 7928 January 2011Appeal(s) allowed
Parmeshwari, a pillion passenger on a motorcycle, suffered a fractured right leg and 32% permanent disability after being hit by a scooter. She filed a complaint with the Superintendent of Police (Hisar) and later a compensation claim, which the Motor Accident Claims Tribunal awarded Rs.1,36,547 with 9% interest. The H…
M/S THERMAX LTD. & ORS.versusK.M. JOHNY & ORS.
2011 INSC 71627 September 2011
Thermax Ltd. entered into purchase orders with K.M. Johny’s firms for storage tanks and consumables. The contracts fell apart and Johny alleged non‑payment of large sums, filing three earlier complaints that were closed as civil matters. In 2002 he lodged another complaint before a magistrate alleging offences under Se…
STATE OF HIMACHAL PRADESHversusUNION OF INDIA & ORS.
2011 INSC 71727 September 2011Hearing Adjourned
The State of Himachal Pradesh sued the Union of India and five other parties seeking its share of electricity generated by the Bhakra‑Nangal and Beas hydro‑electric projects, claiming entitlement based on the submergence of its territory and the Punjab Reorganisation Act, 1966. The Court examined whether the suit was b…
SMT. HAR DEVI ASNANIversusSTATE OF RAJASTHAN & OTHERS
2011 INSC 71827 September 2011Disposed off
The appellant, Har Devi Asnani, purchased a residential plot for Rs 18 lakh and paid stamp duty of Rs 1,17,000, but the Sub‑Registrar re‑valued the land at Rs 2,58,44,260, leading the Additional Collector to demand a deficit stamp duty of Rs 15,70,000. The appellant challenged the demand in the High Court, which dismis…
ULTRA TECH CEMENT LTD.versusSTATE OF MAHARASHTRA & ANR.
2011 INSC 71527 September 2011Appeal(s) allowed
Ultra Tech Cement Ltd., the lessee of a limestone mining lease granted by the Government of Maharashtra on 12‑Feb‑1980, challenged demand notices for Zilla Parishad (ZP) cess and Gram Panchayat (GP) cess for the years 1987‑1992. The appellant argued that Section 151(1) of the Maharashtra Zilla Parishads and Panchayat S…
M/S EUREKA FORBES LIMITEDversusSTATE OF BIHAR AND ORS
2011 INSC 51927 July 2011Dismissed
M/s Eureka Forbes Ltd., the appellant, challenged the assessment of sales tax on its vacuum cleaners for the years 1990-91 to 1993-94, contending that the product should be taxed at the standard 8% rate. The State of Bihar, relying on Entry 81 of the Notification dated 26-12-1977 issued under Section 12 of the Bihar Fi…
DISTRICT PRIMARY SCHOOL COUNCIL, WBversusMRITUNJOY DAS & ORS.
2011 INSC 52027 July 2011Appeal(s) allowed
The respondents were appointed as Assistant Teachers in West Bengal primary schools after obtaining a Primary Teachers' Training Institute (PTI) certificate, which they secured by inflating their marks to gain admission to the training course. Upon discovery of the fraud, the District Primary School Council issued show…
SUKHBIR SINGH AND ANR.versusSTATE OF PUNJAB
2011 INSC 7827 January 2011Appeal(s) allowed
The case arose from a dispute over school land in Punjab where the village sarpanch, Jaswant Singh, was shot dead. The FIR described the killers as two Sikh youths aged 25‑30 wearing kurta pajamas, but no names were given. The two accused, Sukhbir Singh and Dilbagh Singh, were arrested six months later and identified f…
HARI RAMversusJYOTI PRASAD & ANR.
2011 INSC 7427 January 2011Dismissed
Hariram appealed against judgments that upheld a permanent injunction ordering the removal of his alleged encroachment on a 10‑foot public street. He argued that the suit was barred by limitation, violated Order I Rule 8 of the CPC, and lacked proof that the land was a public street. The Supreme Court held that encroac…
JITEN KUMAR SAHOO & ORS.versusCHIEF GENERAL MANAGER MAHANADI COALFILEDS LTD. & ORS.
2011 INSC 7727 January 2011Appeal(s) allowed
Mahanadi Coalfields Ltd. (MCL) filled 51 vacancies by appointing candidates who had previously undergone apprenticeship with the company, including the appellants. The aggrieved private respondents filed writ petitions seeking quashing of these appointments and demanded that the vacancies be filled strictly according t…
ASHOK SURAJLAL ULKEversusSTATE OF MAHARASHTRA
2011 INSC 7627 January 2011Dismissed
The appellant, a school teacher, was convicted under Section 376 of the IPC for raping a 15‑year‑old girl. The FIR was lodged three days after the alleged incident, and the medical examination, conducted after three days, did not conclusively prove rape, though it noted a minor finger injury and a missing hymen. The ap…
DAULAT RAM & ANR.versusCBN MANDSAUR, M.P.
2011 INSC 7527 January 2011Dismissed
The appellants, brothers Daulat Ram and Mangilal, cultivated opium under a licence held by their mother and failed to declare the entire yield to the Lambardar as required by Rule 13 of the NDPS Rules. During a raid, concealed opium was recovered from pits they had dug, and both accused confessed to withholding the opi…