STATE OF TAMIL NADU AND ANR.versusINDIA CEMENTS LTD. AND ANR.
2011 INSC 32221 April 2011Dismissed
The State of Tamil Nadu introduced an interest‑free sales‑tax deferral scheme for expansion or diversification units under GO No. 119 dated 13 April 1994, requiring manufacturers to meet a Base Production Volume (BPV) and a Base Sales Volume (BSV) before enjoying deferral. India Cements Ltd. claimed the benefit after r…
UNION OF INDIA & ORSversusM/S. IND-SWIFT LABORATORIES LTD
2011 INSC 14121 February 2011Appeal(s) allowed
Ind‑Swift Laboratories Ltd., a bulk drug manufacturer, admitted that it had claimed CENVAT credit on fraudulent invoices between 2001 and 2006 and paid the assessed duty. The Settlement Commission, under Sections 32E and 32F of the Central Excise Act, 1944, settled the matter and imposed simple interest of 10% per annu…
RAM NARAYAN TIWARIversusUNION OF INDIA & ORS
2011 INSC 14221 February 2011Dismissed
The appellant, a Corporal in the Indian Air Force, was convicted by a District Court‑Martial of sexual abuse of a nine‑year‑old and sentenced to three months' detention and reduction in rank. The Confirming Authority upheld the conviction but commuted the detention to dismissal from service. The appellant contended tha…
M/S. UTTAM INDUSTRIESversusCOMMNR. OF CENTRAL EXCISE, HARYANA
2011 INSC 14321 February 2011Dismissed
Uttam Industries, a manufacturer of aluminium circles and utensils, claimed exemption under Central Excise Notification No.180/88‑CE as amended by Notification No.135/94‑CE, which is conditioned on the non‑availing of MODVAT credit on inputs. The department, the appellate authority and the Customs, Excise and Service T…
SUDHIR KUMAR CONSULversusALLAHABAD BANK
2011 INSC 14421 February 2011Dismissed
Sudhir Kumar Consul was appointed as a clerk in Allahabad Bank in 1976 and promoted to officer in 1983. After taking voluntary retirement in 2001, he sought pension under the Old Pension Scheme, invoking Regulation 46(1) of the Allahabad Bank Officers Service Regulations, 1979, which provides pension in lieu of gratuit…
STATE OF HARYANA & OTHERSversusM/S. MAHABIR VEGETABLE OILS PVT. LTD.
2011 INSC 14521 February 2011Appeal(s) allowed
The State of Haryana withdrew the sales‑tax exemption for solvent‑extraction plants by placing the industry in a negative list on 16‑12‑1996, after Mahabir Vegetable Oils Pvt. Ltd. had invested in setting up such a plant based on an earlier promise of exemption. The respondent claimed entitlement to the exemption on th…
COMMISSIONER OF CUSTOMS (IMPORT)versusSTONEMAN MARBLE INDUSTRIES & ORS
2011 INSC 6221 January 2011Dismissed
The importers, including Stoneman Marble Industries, were found to have imported rough marble blocks without the required licence and with mis‑declarations, leading to confiscation of the goods under Section 111(d) of the Customs Act, 1962. The Customs, Excise and Gold (Control) Appellate Tribunal reduced the redemptio…
KALYANESHWARIversusUNION OF INDIA & ORS.
2011 INSC 6021 January 2011Disposed off
The NGO Kalyaneshwari filed a writ petition under Article 32 seeking a mandamus to ban all mining and manufacturing of asbestos in India and to set up a committee for victim identification. The Court examined whether it could legislate a ban, whether the petition was a bona fide public‑interest litigation, and whether …
RABINDRA KUMAR PAL @ DARA SINGHversusREPUBLIC OF INDIA
2011 INSC 6321 January 2011Dismissed
The case concerns the 1999 arson and murder of Australian missionary Graham Staines and his two sons by a mob in Orissa. The trial court convicted fourteen accused, sentencing Dara Singh (A‑1) to death and the others to life imprisonment; the High Court modified Dara Singh's sentence to life imprisonment and acquitted …
SAMITTRI DEVI AND ANR.versusSAMPURAN SINGH AND ANR.
2011 INSC 6121 January 2011Appeal(s) allowed
Samitiri Devi (appellant) purchased a house in 1985 with her own funds, but the sale deed was executed in the names of her son and brother‑in‑law. They later sold half of the property to Sampuran Singh (respondent No.1) on 13‑April‑1987 without her consent, despite a notice she had posted on 8‑April‑1987 informing him …
PANCHOversusSTATE OF HARYANA
2011 INSC 77320 October 2011Appeal(s) allowed
The Supreme Court examined the convictions of three accused (A1‑Pratham, A2‑Pancho and A3‑Gajraj) for murder and robbery of a tractor owner. The prosecution’s case hinged on an extra‑judicial confession made by A1, five months after the incident, to a villager with no close relationship, and on the belated recovery of …
THE COMMANDANT, 22 BATTALION, CRPF SRINAGAR, C/O 56/APO & ORS.versusSURINDER KUMAR
2011 INSC 77420 October 2011Appeal(s) allowed
A constable of the Central Reserve Police Force (CRPF) left his patrol without permission, consumed alcohol on duty, and threatened his superior with a rifle. He was convicted under Section 10(n) of the Central Reserve Police Force Act, 1949 and sentenced to imprisonment till the rising of the court, and was dismissed …
UNION OF INDIA & ANR.versusM/S DEEPAK ELECTRIC & TRADING COMPANY & ANR.
2011 INSC 77520 October 2011Appeal(s) allowed
The Union of India and another appealed against a High Court order that held its objections to an arbitral award were time‑barred. The award was filed on 17‑06‑1996 and a notice of filing was served on the Union of India, but not on the Executive Engineer, who was responsible for the Union’s affairs in the arbitration.…
THE EXECUTIVE ENGINEER AND ANR.versusM/S SRI SEETARAM RICE MILL
2011 INSC 77220 October 2011Appeal(s) allowed
The case concerned a rice mill that consumed electricity beyond its contracted load, leading the Executive Engineer to issue a provisional assessment under Section 126 of the Electricity Act, 2003. The mill challenged the assessment and the accompanying notice of "unauthorised use" before the High Court, arguing lack o…
HARESH MOHANDAS RAJPUTversusSTATE OF MAHARASHTRA
2011 INSC 70020 September 2011Disposed off
The appellant, Haresh Mohandas Rajput, was accused of raping and murdering 10‑year‑old Pooja, whose body was discovered under a cot in his house with blood‑stained sheets and forensic evidence of sexual assault and strangulation. The prosecution relied solely on circumstantial evidence, including the location of the bo…
STATE OF UTTARAKHAND & ANR.versusARCHANAN SHUKLA & ORS.
2011 INSC 50920 July 2011Appeal(s) allowed
The respondents were appointed on an ad‑hoc basis in 1988 and were regularised in 2004 under the Uttaranchal Regularisation of Ad‑Hoc Appointments (Posts under the Purview of Public Service Commission) Rules, 2002. They claimed that, for seniority purposes, their service should be counted from 1988. The High Court allo…
DANDU JAGGARAJUversusSTATE OF A.P.
2011 INSC 50420 July 2011Appeal(s) allowed
Varalakshmi, an upper‑caste woman, married a Scheduled‑Caste man against her family's wishes. Six years later she disappeared after being lured by her paternal uncle, the appellant, who claimed her grandmother was ill. Her body was later found, showing death by smothering, and jewellery allegedly taken from her was rec…
MOHD.HAMID & ANR ETC.ETCversusBADI MASJID TRUST & ORS.ETC.ETC.
2011 INSC 50520 July 2011Dismissed
The Supreme Court considered appeals against a Nagpur High Court order directing the exhumation of a saint's body that had been buried without permission on school premises. The appellants argued that Islamic law (fatwas) prohibited exhumation and that the High Court lacked jurisdiction, contending the matter should be…
DISHAversusSTATE OF GUJARAT & ORS.
2011 INSC 50620 July 2011Dismissed
The petitioner, Disha, and her husband were involved in a share‑broking business that allegedly duped investors of about Rs 60 crore, leading to an FIR and a charge‑sheet against thirteen persons including the petitioner. The husband later died by jumping from a hotel, an incident investigated by the Maharashtra police…
VINNY PARMVIR PARMARversusPARMVIR PARMAR
2011 INSC 50720 July 2011Case Partly allowed
The parties dissolved their marriage by mutual consent under the Hindu Marriage Act, 1955. The Family Court fixed a maintenance of Rs.20,000 per month for the wife, which the High Court affirmed and also ordered an alternative lump‑sum alimony of Rs.20 lakh. Unsatisfied, the wife appealed for a higher amount. The Supre…
M/S. SMS TEA ESTATES PVT. LTD.versusM/S. CHANDMARI TEA CO. PVT. LTD.
2011 INSC 50820 July 2011
The appellant, SMS Tea Estates, entered into a 30‑year lease deed with the respondent, Chandmari Tea Co., which contained Clause 35 mandating arbitration of disputes. The lease deed was not registered, though registration was compulsory, and it was also not duly stamped. The appellant sought appointment of an arbitrato…
NARCOTICS CENTRAL BUREAUversusSUKH DEV RAJ SODHI
2011 INSC 40820 May 2011Dismissed
The Narcotics Central Bureau appealed a Delhi High Court order that set aside the conviction of Sukh Dev Raj Sodhi on the ground that Section 50 of the NDPS Act had not been complied with. The High Court held that merely informing the accused of his option to be searched in the presence of a gazetted officer or a magis…
RANGKU DUTTA @ RANJAN KUMAR DUTTAversusSTATE OF ASSAM
2011 INSC 40720 May 2011Appeal(s) allowed
The appellant, alleged ULFA extremist Rangku Dutta, was convicted by a Designated TADA Court under Sections 120(8)/302 IPC read with Section 3(2)(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987. He appealed, arguing that the FIR was recorded without the mandatory prior approval of the District Supe…
CENTRAL COUNCIL FOR RESEARCH IN HOMEOPATHYversusBIPIN CHANDRA LAKHERA & ORS.
2011 INSC 31720 April 2011Appeal(s) allowed
The respondent, Bipin Chandra Lakhera, was appointed as a Research Assistant on an ad hoc basis in 1984 and continued in that status until he secured a regular appointment on 5 January 1996. He contended that his seniority should be calculated from the date of his initial ad hoc appointment. The Supreme Court examined …
STATE OF U.P. AND ORS.versusM/S. MAHINDRA AND MAHINDRA LTD.
2011 INSC 31820 April 2011Appeal(s) allowed
The Supreme Court examined a dispute where Mahindra & Mahindra Ltd. sought exemption from Uttar Pradesh sales tax on tractors, arguing that the exemption should be based on engine capacity (1800 CC) as per Central Government excise notifications. The Uttar Pradesh government had issued a sales‑tax notification exemptin…
MD. MANNAN @ ABDUL MANNANversusSTATE OF BIHAR
2011 INSC 31920 April 2011Dismissed
The appellant, Md. Mannan, a mason employed in the victim's grandfather's house, sent a seven‑year‑old girl to a betel shop and subsequently abducted her on his bicycle, raping and murdering her. He later confessed, leading police to the body. He was convicted under IPC sections 366, 376, 302 and 201 and sentenced to d…
STATE OF H. P. AND ORS.versusHIMACHAL PRADESH NIZI VYAVSAYIK PRISHIKSHAN KENDRA SANGH
2011 INSC 32020 April 2011Appeal(s) allowed
The State of Himachal Pradesh filed a civil appeal against the Himachal High Court’s order that quashed a Cabinet decision dated 18 July 2009, which discontinued three vocational courses (Art and Craft, Library Science, PTI) in Vocational Training Centres (VTCs). The writ petition originally sought directions for admis…
GURMAIL SINGHversusSTATE OF PUNJAB
2011 INSC 32120 April 2011Appeal(s) allowed
A family dispute arose after the daughter Nindo was teased, leading eight accused to raise a lalkara and attack members of the rival family with knives and lathis. Baljinder Singh received a deep stab wound to the abdomen, a vital organ, and died shortly thereafter; Rajwinder Singh was also injured. The accused were tr…
INSPECTOR OF POLICE, TAMIL NADUversusJOHN DAVID
2011 INSC 31620 April 2011Appeal(s) allowed
The appellant, Inspector of Police, Tamil Nadu, appealed the High Court's acquittal of John David, who was charged with the gruesome murder of a medical student whose body was dismembered and disposed of in various locations. The trial court had convicted David under IPC sections 302, 201, 364 and 342 based on strong c…
GODAVARI SUGAR MILLS LTD.versusTHE STATE OF MAHARASHTRA & ORS.
2011 INSC 5920 January 2011Case Partly allowed
The appellant, Godavari Sugar Mills Ltd., owned large tracts of sugarcane land that were declared surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and were taken over by the State. After filing a claim for compensation, the State awarded Rs.88,77,538 with interest at 3% per annum for the…
M/S. SHREE SIDHBALI STEELS LTD. AND ORS.versusSTATE OF U.P. AND ORS.
2011 INSC 5820 January 2011Dismissed
The petitioners, industrial units in the hill areas of Uttar Pradesh, claimed a 33.33% Hill Development Rebate on electricity charges granted under a 1996 notification issued pursuant to Section 49 of the Electricity (Supply) Act, 1948. Subsequent notifications reduced the rebate to 17% and finally withdrew it entirely…
SHIVLAL & ANR.versusSTATE OF CHHATTISGARH
2011 INSC 69419 September 2011Appeal(s) allowed
Fifteen persons were charged with the murder of Shankar Satnami. The sole eye‑witness, the victim's wife (PW‑9), was illiterate and her testimony was found to contain contradictions and improvements. The police recorded only a "Dehati Nalish" instead of a formal FIR, failed to send a copy of the FIR to the magistrate a…
STATE OF M.P. & ORS.versusPREMLAL SHRIVAS
2011 INSC 69519 September 2011Appeal(s) allowed
The respondent, a police constable appointed in 1965, discovered that his date of birth recorded in his service book (1 June 1942) was incorrect and applied in 1990, after 25 years of service, for its correction to 30 June 1945. The employer rejected the request, the Administrative Tribunal dismissed it, but the High C…
D.M. NAGARAJAversusTHE GOVERNMENT OF KARNATAKA & ORS.
2011 INSC 69619 September 2011Dismissed
The appellant, D.M. Nagajara, a habitual offender involved in multiple serious crimes, was detained under Section 3 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985. He challenged the detention order, arguing tha…
MACHAVARAPU SRINIVASA RAO AND ANOTHERversusANDHRA PRADESH URBAN AREAS
2011 INSC 69819 September 2011Appeal(s) allowed
The appellants challenged the Vijayawada, Guntur, Tenali and Mangalagiri Urban Development Authority's (UDA) permission to construct a temple on a 75‑cent parcel of land that the Zonal Development Plan had earmarked for recreational use. The High Court had refused to quash the UDA's order, treating it as a mere land al…
REGISTRAR GEN., HIGH COURT OF JUDICATURE AT MADRASversusR. PERACHI & ORS.
2011 INSC 69919 September 2011Appeal(s) allowed
The respondent, a Sheristadar in the Tamil Nadu State Judicial Ministerial Service, was transferred from Thoothukudi to Ramanathapuram on administrative grounds following a vigilance report and a district judge’s opinion that his retention was undesirable. He later claimed the transfer was punitive because it barred hi…
BANATWALA & COMPANYversusL.L.C. OF INDIA & ANR.
2011 INSC 69719 September 2011Appeal(s) allowed
The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents argued that the premise…
RAKESH & ANOTHERversusSTATE OF MADHYA PRADESH
2011 INSC 69319 September 2011Dismissed
The Supreme Court examined the murder of Kailash (Killu) on 5 March 1996, for which Rakesh, Rajesh and Dinesh were convicted under Section 302 IPC. The appellants challenged the conviction on two grounds: that the eye‑witness testimony of the victim’s nephew (PW‑11) conflicted with the post‑mortem estimate of time of d…
M/S. PRAKASH JHA PRODUCTION AND ANR.versusUNION OF INDIA AND ORS.
2011 INSC 59519 August 2011Case Partly allowed
The petitioners, producers of the film "Aarakshan", challenged the Uttar Pradesh Government's order suspending the film's exhibition under Section 6(1) of the Uttar Pradesh Cinemas (Regulation) Act, 1955, arguing that the power to suspend could be exercised only when a film is already being publicly exhibited and that …
RAM KUMARversusSTATE OF U.P. & ORS.
2011 INSC 59619 August 2011Appeal(s) allowed
The appellant, Ram Kumar, applied for the post of police constable in Uttar Pradesh and affirmed in his recruitment affidavit that no criminal case was pending against him. A criminal case (Cr. No. 275/2001) had earlier been registered against him but he was acquitted by the Additional Chief Judicial Magistrate on 18 J…
RAJEEV HITENDRA PATHAK & OTHERSversusACHYUT KASHINATH KAREKAR & ANOTHER
2011 INSC 59419 August 2011Disposed off
The case arose from a complaint filed by the wife of the respondent alleging deficiency in service by a nursing home, which was dismissed ex parte by the Maharashtra State Consumer Commission. The Commission later recalled its dismissal order and restored the complaint, prompting the appellants to seek revision before …
STATE OF U.P. & ORSversusLUXMI KANT SHUKLA
2011 INSC 59719 August 2011Appeal(s) allowed
Luxmi Kant Shukla, a Provincial Civil Services officer of Uttar Pradesh, was suspended and faced a disciplinary inquiry for alleged defamatory remarks in a book. While the inquiry was pending, he submitted a reply on 28 May 2009 requesting voluntary retirement under Rule 56 of the U.P. Fundamental Rules, 1942. The rule…
SHAGUN MAHILA UDYOGIK SAHAKARI SANSTHA MARYADITversusSTATE OF MAHARASHTRA & ORS.
2011 INSC 59819 August 2011Dismissed
The appellant, a Mahila cooperative society, challenged the award of a contract for supplying fortified blended food under the Integrated Child Development Scheme, arguing that the eligibility criteria in the Expression of Interest (EOI) were arbitrary and that the contract period should be limited to one year. The Hig…
PRAHALAD SINGH & ORSversusSTATE OF M.P.
2011 INSC 49919 July 2011Disposed off
On 30 September 1996, five accused ambushed Ganeshram and his companions at a river crossing. Rammilan Lodhi and Babula Lodhi, armed with shotguns, fired, killing Ganeshram and injuring Annilal, while Prahlad, Dullam and Hukum, armed with lathis, only exhorted the shooters. The trial court convicted all under IPC secti…
MAN SINGHversusSTATE OF U.P.
2011 INSC 50019 July 2011Appeal(s) allowed
Man Singh was arrested in 1979 with half a bottle of illicit liquor and equipment for liquor manufacture. He was convicted under Section 60(2) of the Uttar Pradesh Excise Act, 1910 and sentenced to one year of rigorous imprisonment and a fine, a conviction affirmed by the trial, appellate and revisional courts. On appe…
FIDA HUSSAIN & ORS.versusMORADABAD DEVELOPMENT AUTHORITY & ANR.
2011 INSC 50119 July 2011Dismissed
The Supreme Court examined appeals by land owners from the villages of Harthala and Mukkarrabpur who sought enhancement of compensation awarded under the Land Acquisition Act, 1894. The Land Acquisition Officer had fixed modest rates, which were later enhanced by a reference court, but the High Court restored the origi…
G. SRINIVAS RAOversusUNION OF INDIA & ORS.
2011 INSC 50219 July 2011Dismissed
The appellant, a general‑category candidate who secured the 95th rank in the 1998 Civil Services Examination, was allocated to the Manipur‑Tripura Joint IPS cadre, while an OBC candidate (respondent No.4) with the 133rd rank was allocated to the Andhra Pradesh cadre. The appellant claimed that the conversion of a gener…
ANIL SACHAR & ANR.versusM/S SHREE NATH SPINNERS P. LTD. & ORS. ETC.
2011 INSC 50319 July 2011Disposed off
The complainants, partners of Rati Woolen Mills, alleged that cheques issued by Munish Jain in his capacity as director of A.T. Overseas Ltd., a sister concern of Shree Nath Spinners Pvt. Ltd., were given for payment of goods supplied to Shree Nath Spinners. The cheques were dishonoured and the accused were charged und…
GOPALversusSTATE OF MADHYA PRADESH
2011 INSC 40519 May 2011Dismissed
Five persons were charged for a violent incident in which Gopal stabbed Mitthulal, causing his death, while the others inflicted injuries with swords and a cycle chain. The trial court convicted Gopal under sections 148, 302, 323, 149 IPC and the others under similar provisions. The High Court altered Gopal's convictio…
YOMESHBHAI PRANSHANKAR BHATTversusSTATE OF GUJARAT
2011 INSC 40619 May 2011Case Partly allowed
The appellant was convicted under Section 302 IPC for allegedly setting a maid on fire by pouring kerosene on her, leading to her death. The prosecution's case relied on the victim's multiple dying declarations and circumstantial evidence, as there were no eye‑witnesses. The appellant contended that the Supreme Court, …
ARUMUGAM SERVAIversusSTATE OF TAMIL NADU
2011 INSC 31319 April 2011Dismissed
The appellants, belonging to the Servai backward caste, assaulted two witnesses belonging to the Pallan Scheduled Caste after one of them was called a "pallapayal" during an altercation at a temple festival. The trial courts convicted the appellants under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Pr…
GOPALversusSTATE OF KARNATAKA
2011 INSC 31419 April 2011Dismissed
The appellant Gopal was convicted under Section 302 of the Indian Penal Code for allegedly pouring kerosene on his wife Mallavva and setting her ablaze, leading to her death. The prosecution's case relied primarily on the victim's dying declaration recorded by police officer PW‑13, which was endorsed by Dr. Noor Ahmed …
AFJAL IMAMversusSTATE OF BIHAR AND ORS.
2011 INSC 31519 April 2011Case Partly allowed
The case concerned the Bihar Municipal Act, 2007 and whether members of the Empowered Standing Committee (ESC) nominated by a Mayor must vacate when a new Mayor is elected after a no‑confidence motion. The appellant, newly elected Mayor Afjal Imam, sought to nominate his own seven councillors to the ESC, but the Distri…
M/S. DEWAN CHAND BUILDERS & CONTRACTORS.versusUNION OF INDIA & ORS.
2011 INSC 81018 November 2011Dismissed
The appellant, Dewan Chand Builders & Contractors, challenged the constitutional validity of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the accompanying Welfare Cess Act, arguing that the cess imposed on construction costs was a tax rather than a fee a…
SUNIL KR. GHOSH & ORS.versusK. RAM CHANDRAN & ORS.
2011 INSC 81118 November 2011Appeal(s) allowed
The workers of Philips India Ltd. opposed the transfer of their factory to Kitchen Appliances India Ltd. and refused to join the new employer. After the Labour Department declined to refer their dispute to a tribunal, the workers filed a writ petition seeking retirement and retrenchment benefits. The Single Judge of th…
THE DIVISIONAL CONTROLLER, KSRTCversusM.G. VITTAL RAO
2011 INSC 80918 November 2011Disposed off
The employee of KSRTC was dismissed after a domestic enquiry found him guilty of theft, despite later being acquitted in a criminal trial. The Labour Court upheld the dismissal, and the High Court initially modified the order to termination with terminal benefits, later reinstating the employee with back wages. The Sup…
ASHOK KUMAR LINGALAversusSTATE OF KARNATAKA & ORS.
2011 INSC 77118 October 2011Appeal(s) allowed
The appellant, Ashok Kumar Lingala, obtained a mining lease over land recorded as private patta land, while respondent No.3 (SIMORE) held a lease over adjoining government and forest land. The Director of Mines restrained the appellant’s mining activities on the ground of alleged overlapping, leading to writ petitions …
P.V. INDIRESANversusUNION OF INDIA & ORS.
2011 INSC 59118 August 2011Disposed off
The Supreme Court examined the meaning of the phrase "maximum cut‑off marks for OBCs be 10% below the cut‑off marks of general category candidates" in the clarificatory order dated 14‑Oct‑2008 issued in P.V. Indiresan's case, in the context of the Ashoka Kumar Thakur judgment. The dispute arose from Jawaharlal Nehru Un…
STATE BANK OF INDIA AND ANR.versusM/S. EMMSONS INTERNATIONAL LTD. AND ANR.
2011 INSC 59218 August 2011Disposed off
The buyer placed a purchase order for Syrian rock phosphate and obtained an irrevocable letter of credit (LC) from State Bank of India (issuing bank) in favour of the seller. The seller presented documents to the negotiating bank, which forwarded them to the issuing bank; the bank flagged discrepancies and refused paym…
RAMESH KUMAR & ANR.versusFURU RAM & ANR. ETC.
2011 INSC 59318 August 2011Appeal(s) allowed
The appellants, brothers who co‑owned land, sued the respondents seeking a declaration that the arbitration awards and the subsequent court decrees granting title to the respondents were null and void because they were obtained through fraud and stamp‑duty evasion. The lower courts dismissed the suits on the ground tha…
M/S. DELHI AIRTECH SERVICES PVT. LTD. & ANR.versusSTATE OF U.P. & ANR.
2011 INSC 59018 August 2011Matter referred to larger bench
The case concerned the acquisition of abadi land in Gautam Budh Nagar for the New Okhla Industrial Development Authority under the Land Acquisition Act, 1894. The State issued a notification invoking Section 17 (emergency powers) and took possession of the land on 4 February 2003 without, according to the appellants, p…
G. KRISHNAREDDYversusSAJJAPPA (D) BY LRS. AND ANR.
2011 INSC 49718 July 2011Dismissed
The dispute concerned a 2‑acre agricultural plot allotted by the Karnataka Government to Smt. Munemma on 8 January 1957 with a condition prohibiting alienation for fifteen years. Her son, Gopalappa, purchased the land on 20 December 1968, in contravention of that condition. After the Karnataka Scheduled Castes and Sche…
INDIAN COUNCIL FOR ENVIRO-LEGAL ACTIONversusUNION OF INDIA & OTHERS
2011 INSC 49818 July 2011Dismissed
The Supreme Court examined a long‑running environmental dispute in which chemical industries in Bichhri, Rajasthan had been ordered in 1996 to pay Rs.37.385 crore for remediation of toxic sludge and to have their plants closed. Despite the judgment, the respondents repeatedly filed interlocutory applications to avoid p…
M.P. STATEversusPRADEEP KUMAR GUPTA
2011 INSC 40418 May 2011Appeal(s) allowed
Pradeep Kumar Gupta, an engineer appointed under Section 86 of the Madhya Pradesh Municipality Act, 1961 by the State Government, was penalised with withdrawal of two increments. The State Government granted sanction to prosecute him under Section 19 of the Prevention of Corruption Act, 1988. The High Court quashed the…
BACHPAN BACHAO ANDOLANversusUNION OF INDIA & OTHERS
2011 INSC 30718 April 2011Hearing Adjourned
The Supreme Court entertained a public‑interest writ filed by Bachpan Bachao Andolan seeking protection for children employed in Indian circuses, who were subjected to physical, sexual and emotional abuse and denied education. The Court examined whether such employment violated the children’s fundamental rights, especi…
UNION OF INDIA & ORS.versusTANTIA CONSTRUCTION PVT. LTD.
2011 INSC 30818 April 2011Dismissed
The East Central Railways awarded a risk‑and‑cost tender to Tantia Construction for a rail over‑bridge. Subsequent design changes required an extended viaduct, increasing the work and cost. The contractor refused to undertake the additional work, which was not covered by the original agreement, and the Railways attempt…
BHOLANATH MUKHERJEE & ORS.versusR.K. MISSION V. CENTENARY COLLEGE & ORS.
2011 INSC 30918 April 2011Dismissed
The appellants, senior teachers of RK Mission Vivekananda Centenary College, challenged the appointment of a monk (respondent No.3) as principal, alleging he was junior and lacked the statutory qualifications prescribed in Government Order No. 149‑Edn(CP) 1994 and the West Bengal College Acts. The High Court’s Single J…
WAIKHOM YAIMA SINGHversusSTATE OF MANIPUR
2011 INSC 31018 April 2011Appeal(s) allowed
The deceased was found unconscious on the road and taken to a hospital where he allegedly regained consciousness and made an oral dying declaration accusing Waikhom Yaima Singh of assault before dying the next morning. The trial court acquitted the accused, finding the dying declaration unreliable due to lack of medica…
J.S. YADAVversusSTATE OF U.P. & ANR.
2011 INSC 31118 April 2011Case Partly allowed
J.S. Yadav, a District Judge, was appointed a Member of the Uttar Pradesh State Human Rights Commission for a five‑year term in 2006 under the Protection of Human Rights Act, 1993. After the 2006 amendment to the Act introduced a seven‑year experience requirement for District Judges, the State Government issued a notif…
BHANU VALVEversusSTATE
2011 INSC 31218 April 2011Dismissed
The petitioner, a father, was convicted of repeatedly raping his own daughter over a period of five years, resulting in the birth of a child. The trial court and the Bombay High Court at Goa upheld the conviction under Section 376 of the Indian Penal Code. The petitioner filed a Special Leave Petition before the Suprem…
HITESH BHATNAGARversusDEEPA BHATNAGAR
2011 INSC 30618 April 2011Dismissed
Hitesh Bhatnagar and Deepa Bhatnagar, married under the Hindu Marriage Act, filed a joint petition for divorce by mutual consent in 2001. Before the required second motion, Deepa withdrew her consent after the 18‑month period, leading the trial court to dismiss the petition. The appellant appealed, arguing that the 18‑…
NARAYAN CHANDRA GHOSHversusUCO BANK & ORS.
2011 INSC 22218 March 2011Disposed off
Narayan Chandra Ghosh, a borrower, appealed to the Appellate Tribunal under Section 18 of the SARFAESI Act against an order of the Debt Recovery Tribunal. The Tribunal exempted him from the mandatory pre‑deposit of 50% of the debt, as required by the second proviso of Section 18, and the Calcutta High Court set aside t…
SANGAM SPINNERS L TO. ,versusUNION OF INDIA & ORS.
2011 INSC 22318 March 2011Dismissed
Sangam Spinners Ltd. and other manufacturers used high‑speed diesel (HSD) oil in captive power plants to generate electricity for their factories and claimed credit of duty (MODVAT) under the Central Excise Rules. The authorities denied the credit, citing Notifications dated 1‑Mar‑1994 and 16‑Mar‑1995 that expressly ex…
MRS. RUBI (CHANDRA) DUTTAversusM/S. UNITED INDIA INSURANCE CO. LTD.
2011 INSC 22418 March 2011Case Partly allowed
The appellant, owner of a bus insured with the respondent insurer, claimed Rs.5,33,782 for damages after a 2003 accident, asserting that the driver held a valid licence. The insurer contested the claim, alleging the driver lacked a valid licence and that the claim amount was excessive. The District Forum and State Comm…
CHILDLINE INDIA FOUNDATION & ANR.versusALLAN JOHN WATERS & ORS.
2011 INSC 22518 March 2011Appeal(s) allowed
The Supreme Court examined appeals filed by Childline India Foundation and the State of Maharashtra against the Bombay High Court’s order acquitting three accused of sexual and physical abuse of children in Anchorage Shelter Homes in Mumbai. The trial court had convicted the accused under IPC sections 377, 109, 1208, 1…
STATE OF M.P.versusRAMESH AND ANR.
2011 INSC 22118 March 2011Appeal(s) allowed
The State of Madhya Pradesh appealed against the High Court’s acquittal of Ramesh and Bhaggo Bai for the murder of Bhaggo’s husband, Chatra. The prosecution’s case rested primarily on the testimony of an eight‑year‑old daughter, Ran nu Bai, who alleged that the accused beat the deceased, supported by medical findings o…
VISVESWARAYA TECHNOLOGICAL UNIVERSITY AND ANR.versusKRISHNENDU HALDER AND ORS.
2011 INSC 13418 February 2011Appeal(s) allowed
The Supreme Court examined whether the eligibility criteria for engineering admissions prescribed by the Visvesvaraya Technological University and the Karnataka State, which were higher than the minimum standards set by AICTE, could be relaxed when a large number of seats remained vacant. The petitioners, two students …
UNITED INDIA INSURANCE CO. LTD.versusK.M. POONAM & ORS.
2011 INSC 13518 February 2011Disposed off
The owner of a jeep obtained a motor insurance policy covering six occupants, including the driver. The vehicle, however, was carrying fifteen passengers when it met with an accident, resulting in multiple deaths and injuries. Claimants filed compensation claims, and the Motor Accident Claims Tribunal held the insurer …
COMMISSIONER OF CUSTOMS.versusSAYED ALI & ANR.
2011 INSC 13618 February 2011Disposed off
The case concerned show‑cause notices issued under Section 28 of the Customs Act, 1962 by the Commissioner of Customs (Preventive), Mumbai, to re‑assess duty on imported goods that had been cleared for home consumption. The respondents challenged the jurisdiction of the preventive commissioner, arguing that only a "pro…
SRI K.R. MADHUSUDHAN & ORS.versusTHE ADMINISTRATIVE OFFICER & ANR.
2011 INSC 13718 February 2011Appeal(s) allowed
The deceased, a 53‑year‑old senior assistant of Karnataka Electricity Board, died in a road accident caused by a van owned by the first respondent. The claim petition under Section 166 of the Motor Vehicles Act, 1988 was decided by the Motor Accident Claims Tribunal (MACT) with a multiplier of 11, awarding Rs.14,27,496…
CHOWDHURY NAVIN HEMABHAI & ORS.versusTHE STATE OF GUJARAT & ORS.
2011 INSC 13818 February 2011Disposed off
The appellants, students belonging to SC, ST and OBC categories, secured the required 40% marks in the qualifying examination but scored less than 40% in the Gujarat common entrance test for MBBS admission in 2008‑2009. They were admitted to the MBBS course under Gujarat Professional Medical Educational Colleges Rules,…
PRAGATI MAHILA MANDAL, NANDEDversusMUNICIPAL COUNCIL, NANDED AND ORS.
2011 INSC 14018 February 2011Appeal(s) allowed
Pragati Mahila Mandal, a charitable trust, was allotted a 60‑year lease of a plot by Nanded Municipal Council to start a school for girls. Unable to fund the school, it instead operated a hostel for girls and working women on a no‑profit basis. A public‑interest writ petition filed by Anil Tryambakarao Kokil challenged…
RAVIversusBADRINARAYAN AND ORS.
2011 INSC 13918 February 2011Appeal(s) allowed
The appellant, Ravi, a minor, was severely injured when a truck reversed and struck him, resulting in permanent 50% disability. His father lodged the FIR three months after the accident, citing the child's critical condition and lack of legal awareness as reasons for the delay. The Motor Accident Claims Tribunal and th…
RADHEYSHYAM KEJRIWALversusSTATE OF WEST BENGAL AND ANR.
2011 INSC 13318 February 2011Appeal(s) allowed
The appellant, Radheshyam Kejriwal, was investigated by the Enforcement Directorate (ED) for alleged violations of Sections 8(2) and 9(1)(f)(i) of the Foreign Exchange Regulation Act, 1973 (FERA). An adjudication proceeding under Section 51 concluded that the charges were not sustainable and the ED dropped the penalty …
OFFSHORE HOLDINGS PVT. LTD.versusBANGALORE DEVELOPMENT AUTHORITY & ORS .
2011 INSC 5418 January 2011Reference answered
The Supreme Court examined whether Section 11A of the Land Acquisition Act, which provides for lapse of acquisition proceedings after two years, applies to acquisitions made under the Bangalore Development Authority Act (BDA Act). The appellant argued that the acquisition had lapsed, rendering the land de‑notified, whi…
STATE OF MADHYA PRADESHversusVISHWESHWAR KOL
2011 INSC 5618 January 2011Appeal(s) allowed
Vishweshwar K. Kol was accused of pouring kerosene on his second wife and four daughters, resulting in their deaths. The eldest daughter, Jyoti, gave a dying declaration to the police after a doctor certified her fitness to testify. The trial court convicted Kol under Section 302 IPC and sentenced him to death based on…
KALYAN KUMAR GOGOIversusASHUTOSH AGNIHOTRI AND ANOTHER
2011 INSC 5718 January 2011Dismissed
In the 2006 Assam Legislative Assembly election, polling station No.124 was initially set up at a non‑notified school and later shifted to the notified venue. The defeated candidate, Kalyan Kumar Gogoi, alleged that this change caused chaos, preventing 200‑300 voters from casting their votes and materially affected the…
ALAMELU & ANR.versusSTATE REPRESENTED BY INSPECTOR OF POLICE
2011 INSC 5518 January 2011Appeal(s) allowed
The appellants were convicted under Sections 366 and 376 IPC read with Section 109 for alleged abduction, forced marriage and rape of PW‑2, a girl claimed to be a minor. The High Court affirmed the trial court's convictions, but the Supreme Court, exercising its Article 136 jurisdiction, examined the evidentiary record…
UMMU SABEENAversusSTATE OF KERALA & ORS.
2011 INSC 80517 November 2011Appeal(s) allowed
The Supreme Court examined the detention of several individuals under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, whose representations against detention were filed on 30 March 2011. The State Government forwarded these representations to the Central Government, w…
UNION OF INDIA & ANR.versusPRADIP KUMAR KEDIA ETC.
2011 INSC 80617 November 2011Appeal(s) allowed
The Union of India advertised vacancies for members of the Income‑Tax Appellate Tribunal (ITAT) and a Selection Board placed 18 candidates on a main list, of which 16 were approved for appointment by the Appointments Committee. Three candidates were placed on a wait‑list. The Committee decided that any further appointm…
SHREENIDHI KUMAR & ORS.versusUNION OF INDIA & ORS.
2011 INSC 80717 November 2011Disposed off
The Bihar Department of Agriculture advertised 4,062 contract positions for Subject Matter Experts (SMEs) under a two‑year scheme, setting age limits of 37‑42 years, which were challenged as inconsistent with a 2007 State Resolution that prescribed a maximum age of 65 years for contract employment. The High Court direc…
AIR INDIA CABIN CREW ASSN. & ORS.versusUNION OF INDIA & ORS.
2011 INSC 80817 November 2011Dismissed
The Air India Cabin Crew Association challenged the management’s revised promotion policy and the government’s 2003 directive that equalised the retirement and flying ages of male Flight Pursers and female Air Hostesses. The petitioners argued that these changes violated earlier bilateral settlements, the Air Corporati…
COMMISSIONER OF CUSTOMS, VISHAKHAPATNAMversusM/S AGGARWAL INDUSTRIES LTD.
2011 INSC 76917 October 2011Dismissed
Aggarwal Industries Ltd. imported 500 metric tons of crude sunflower seed oil under a contract dated 26 June 2001 at US$435 per metric ton, but shipment was delayed until 5 August 2001. The Customs authority rejected the contract price as the transaction value, arguing that the international market price had risen shar…
PRINCL. CHIEF CONSERVATOR OF FOREST & ANR.versusJ.K. JOHNSON & ORS.
2011 INSC 77017 October 2011Disposed off
The case concerned a seizure of a jeep, rifles and wildlife by police under the Wild Life (Protection) Act, 1972. The accused offered to compound the offence under Section 54(1) and the Conservator of Forests ordered forfeiture of the seized items. The appellants appealed, arguing that the amendment to Section 54 gave …
DR. PUNEET GULATI AND ORS. ETC. ETC.versusSTATE OF KERALA AND ORS. ETC. ETC.
2011 INSC 58217 August 2011Disposed off
The case concerned a reservation policy by the State of Kerala that reserved 100% of seats in super‑specialty medical courses for students from Kerala, later amended to 10% for candidates with rural service. Applicants from outside Kerala challenged the policy as unconstitutional. The Kerala High Court held the 100% re…
THE SECRETARY, ALL INDIA PRE-MEDICAL/PREDENTAL EXAMINATION, C.B.S.E. & ORS.versusKHUSHBOO SHRIVASTAVA & ORS.
2011 INSC 58517 August 2011Appeal(s) allowed
The appellant, Secretary of the All India Pre‑Medical/Pre‑Dental Examination, challenged a Patna High Court order that directed the CBSE to re‑evaluate the answer sheets of respondent Khushboo Shrivastava and award her two additional marks, subsequently ordering her admission to the MBBS course. The High Court had allo…
THE REGISTRAR GENERAL, HIGH COURT OF MADRASversusM. MANICKAM AND ORS.
2011 INSC 58617 August 2011Appeal(s) allowed
M. Manickam, a District Munsif, claimed that his date of birth recorded in service records (19‑Mar‑1947) was incorrect and sought to have it changed to 24‑Nov‑1950 to extend his retirement. He filed an application for change in 1993, more than five years after his entry into service, and addressed it to the Registrar o…
MALOTH SOMARAJUversusSTATE OF AP.
2011 INSC 58717 August 2011Dismissed
The appellant, Maloth Somaraju, was accused of murdering his elder brother with an axe during the night of 15 May 1999. The trial court acquitted him, but the Andhra Pradesh High Court convicted him under Section 302 IPC and sentenced him to life imprisonment. The appellant challenged the conviction, arguing that the H…
STATE OF HARYANA & ORS.versusM/S MALIK TRADERS
2011 INSC 58817 August 2011Appeal(s) allowed
The State of Haryana invited tenders for toll collection and required bidders to keep their offers open for 90 days after the last date of receipt, with a bid security forfeitable if the offer was withdrawn during that period. Malik Traders, the second‑highest bidder, was issued a letter of acceptance on 26‑Nov‑2008 bu…
STATE OF MADHYA PRADESHversusUNION OF INDIA & ANR.
2011 INSC 58317 August 2011Disposed off
The State of Madhya Pradesh filed an original suit under Article 131 of the Constitution challenging the Central Government's notifications issued under sections 58(3) and 58(4) of the Madhya Pradesh Reorganisation Act, 2000, which dissolved the M.P. Electricity Board and apportioned its assets. In 2009, the State soug…
AMITAVA BANERJEE @ AMIT @ BAPPA BANERJEEversusSTATE OF WEST BENGAL
2011 INSC 58417 August 2011Dismissed
The appellant, Amitava Banerjee, was accused of strangling and killing a ten‑year‑old boy, Snehasish Mondal, and burying the body in a jungle. The prosecution relied on a series of circumstantial facts – the victim’s last sighting with the accused, the accused’s bicycle and cap recovered near the burial site, a spade t…
COMMNR. OF CUSTOMS EXCISE, NEW DELHIversusMIS. LIVING MEDIA (INDIA) LTD.
2011 INSC 58917 August 2011Disposed off
The respondents, media companies, imported pre‑recorded audio cassettes and compact discs and paid royalties to foreign artists. The Customs Department assessed duty on a higher value, arguing that the royalty must be added to the transaction value under Section 14 of the Customs Act and Rule 9(1)(c) of the 2007 Custom…
STATE OF RAJASTHANversusTALEVAR & ANR.
2011 INSC 41717 June 2011Dismissed
In December 1996 a dacoity with two murders was committed at a house in Rajasthan. Two of the accused, Kuniya and Talevar, were later arrested and, based on their disclosure statements, cash, silver items and a scooter were recovered, but the recoveries occurred several days after the incident and involved items that c…
GHURELAL AND ORS.versusSTATE OF RAJASTHAN
2011 INSC 41817 June 2011Dismissed
The case involves a dacoity on 16-17 December 1996 in which two persons were murdered and movable property was looted. Six accused were identified through test identification parades and the stolen articles, weapons and a vehicle were recovered based on their disclosures. They were convicted under Sections 395, 396 and…
RAVINDRA PAL SINGHversusAJIT SINGH & ANR
2011 INSC 21717 March 2011Appeal(s) allowed
The appellant, whose son was allegedly killed in a fake police encounter, filed a criminal case against five police officers under Sections 120B, 364, 302, 201 and 1208 of the IPC. The Central Bureau of Investigation (CBI) investigated the matter and submitted a charge‑sheet implicating the officers. The accused applie…
COMMERCIAL TAXES OFFICERversusM/S. JALANI ENTERPRISES
2011 INSC 21817 March 2011Appeal(s) allowed
The Supreme Court examined whether Jaljira and similar spice mixtures manufactured by M/s Jalani Enterprises constitute "packed masala" under Entry No. 184 of the Rajasthan Sales Tax notification dated 29.03.2001. The High Court had held that Jaljira was a drink falling under the residuary entry and liable to tax at 10…
COMMR. OF POLICE AND ORSversusSANDEEP KUMAR
2011 INSC 21917 March 2011Dismissed
Sandeep Kumar applied for the post of Head Constable in 1999 and answered "No" to a question about any arrest, prosecution, detention, fine or conviction. He had earlier been involved in a criminal case (FIR 362 under IPC sections 325/34) that was compromised and he was acquitted in 1998, but disclosed this only in the…
RAVINDRA PAL SINGHversusSANTOSH KUMAR JAISWAL & ORS.
2011 INSC 22017 March 2011Disposed off
The father of a deceased student filed a transfer petition under Section 46 of the Code of Criminal Procedure, alleging that his son was killed in a fake police encounter in Dehradun and that the local police continued to exert undue influence over the CBI investigation. The petitioner claimed threats from police offic…
THDC INDIA LTD.versusVOITH HYDRO GMBH CO. AND ANR.
2011 INSC 21417 March 2011Appeal(s) allowed
The Tehri Pump Storage Plant project, handled by THDC India Ltd., faced a deadlock after two bidders, Voith Hydro GmbH (Respondent No.1) and Alstom (Respondent No.2), disputed the tender results. Respondent No.1 filed a writ petition and the Uttarakhand High Court stayed the entire tender process. The Supreme Court exa…
KOKA SURYANARAYANA RAO AND ORS.versusLAND "ACQUISITION OFFR. AND REV. DIV. OFFCR., A.P
2011 INSC 21517 March 2011Appeal(s) allowed
The appellants' lands were acquired for a bus station on a requisition by APSRTC, and compensation was awarded and later enhanced under Section 18 of the Land Acquisition Act. The appellants obtained a decree and filed execution petitions, which were approved based on their calculation memos. APSRTC unsuccessfully soug…
THE MUNICIPAL CORPORATION OF GREATER BOMBAY &ANR.versusYESHWANT JAGANNATH VAITY & ORS.
2011 INSC 21617 March 2011Dismissed
The respondents, owners of a 10,000‑sq‑yard plot in Mulund, surrendered part of the land to the Municipal Corporation of Greater Bombay (MCGB) for an export office and were promised Transferable Development Rights (TDR) for the built‑up area and for the asphalting of the surrounding courtyard. After constructing the of…
ELECTRONICS CORPORATION OF INDIA LTD.versusUNION OF INDIA & ORS.
2011 INSC 12917 February 2011Disposed off
Electronics Corporation of India Ltd (ECIL), a central government PSU, challenged show‑cause notices issued by the Ministry of Finance that sought reversal of Modvat/Cenvat credit on inputs that had been written off. The adjudicating authority rejected ECIL’s claim that the write‑off complied with AS‑2, and the matter …
UNION OF INDIA ETC.versusGIANI
2011 INSC 13217 February 2011Case Partly allowed
The Union of India appealed against a High Court order that awarded land owners compensation under Section 23(1A) of the Land Acquisition Act, 1894. The acquisition proceedings began in 1965 and the Collector's award was passed on 9 July 1980, before the amendment (Act 68 of 1984) that introduced Section 23(1A) became …
P. S. SOMANATHAN AND ORS.versusDISTRICT INSURANCE OFFICER AND ANR.
2011 INSC 13117 February 2011Appeal(s) allowed
A 33‑year‑old unmarried man was killed by a lorry on a highway. His mother, brother and later the mother’s daughter filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal (MACT) awarded Rs.1,71,600 using a multiplier of 16 based on the deceased’s age and…
BHARAT SANCHAR NIGAM LTD.versusGHANSHYAM DASS AND ORS.
2011 INSC 13017 February 2011Appeal(s) allowed
The case concerned promotion of Grade‑III officers to Grade‑IV in the Department of Telecommunications under the Biennial Cadre Review (BCR) Scheme. The Central Administrative Tribunal (CAT) had, in O.A. No.1455 of 1991, directed that promotions to the 10% posts in Grade‑IV be based on seniority in the basic cadre and …
ORIENTAL INSURANCE CO. LTD.versusDHANBAI KANJI GADHVI & ORS.
2011 INSC 5317 January 2011Disposed off
The heirs of a deceased motor accident victim filed a claim under Section 166 of the Motor Vehicles Act for fault-based compensation and later filed a separate claim under Section 163A for no‑fault compensation. The Motor Accident Claims Tribunal awarded compensation under Section 163A and subsequently permitted the cl…
CUSTODIAN OF TEXTILES UNDERTAKING, BOMBAYversusHALL & ANDERSON LTD. & ORS.
2011 INSC 5217 January 2011Dismissed
Hall & Anderson Ltd., originally a departmental store in Calcutta, purchased a textile mill in Bombay in 1950 and later operated both businesses separately. The textile mill was nationalised under the Textile Undertakings (Taking Over of Management) Act, 1983 and the Textile Undertaking Nationalisation Act, 1995. The g…
SHRI MORVI SARVAJANIK KELAVNI MANDAL SANCHALIT MSKM B.ED. COLLEGEversusNATIONAL COUNCIL FOR TEACHERS EDUCATION AND ORS.
2011 INSC 84616 December 2011Dismissed
The Shri Morvi Sarvajanik Kelavni Mandal Sanchalit MSKM B.Ed. College was granted recognition under the National Council for Teachers' Education (NCTE) Act, 1993 in 2007, but the NCTE later issued a show‑cause notice citing deficiencies such as inadequate built‑up area, lack of land in the trust’s name, sharing premise…
P. MAHALINGAMversusMONICA KUMAR & ANR.
2011 INSC 84716 December 2011Disposed off
The appellants, medical students, alleged that they were brutally assaulted by police officers while serving a dasti summons issued by the Supreme Court to the SHO of Sector 39 Police Station, Noida. The High Court dismissed their petition for a CBI inquiry on the ground that no FIR had been registered and directed the…
GULAB DAS & ORS.versusSTATE OF M.P.
2011 INSC 80416 November 2011Case Partly allowed
The case arose from a family dispute over a partition fence that led to a violent altercation in 1994, resulting in cross‑cases and convictions under IPC sections 307, 323 and 325 with accompanying fines. The appellants, who were related to the complainant, sought to have the offences compounded on the basis of an amic…
S. LOGANATHANversusUNION OF INDIA AND ORS.
2011 INSC 80316 November 2011Dismissed
The appellant, a Junior Clerk, was charged under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and faced a departmental inquiry that initially proceeded ex‑parte. After the appellant objected, the inquiry was recalled and conducted de novo with his full participation, leading to…
ABDUL GHAFOOR & ANR.versusSTATE OF BIHAR
2011 INSC 69116 September 2011Disposed off
Abdul Ghafoor and another were convicted under Sections 323, 447 and 452 of the Indian Penal Code and sentenced to two years rigorous imprisonment, with other sentences running concurrently. Their appeal was dismissed and they filed a criminal revision petition more than fifteen months after conviction, seeking condona…
ANUP BHUSHAN VOHRAversusTHE REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT CALCUTIA
2011 INSC 69216 September 2011
A local committee staged a satyagraha outside the Jalpaiguri District Court, preventing judges from entering the premises. The Calcutta High Court issued suo motu contempt rules against 16 agitators and several officials, finding them guilty of criminal contempt under Section 2(c) of the Contempt of Courts Act and sent…
RAVIRAJ UDUPAversusM/S UNITED INDIA INSURANCE COMPANY LTD. & ORS.
2011 INSC 58016 August 2011Appeal(s) allowed
The appellant, a 32‑year‑old private contractor, claimed compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained in a road accident. The Motor Accident Claims Tribunal awarded Rs.4,06,400 with 8% interest, considering the nature of injuries and loss of future earnings. The insurer appeale…
COROMANDEL INDAG PRODUCTS (P) LTD.versusGARUDA CHIT & TRADING CO. P. LTD. & ANR.
2011 INSC 57916 August 2011Dismissed
Coromandel Indag Products Ltd. entered into a sale agreement with Garuda Chit & Trading Co. to purchase a property for Rs. 82 lakhs, paying an advance and subsequent installments while the vendor was to furnish title documents and an income‑tax clearance. The vendor supplied the tax clearance but failed to provide a so…
STATE OF UTTARANCHAL &ANR.versusSUNIL KUMAR VAISH & ORS.
2011 INSC 58116 August 2011Appeal(s) allowed
The State of Uttarakhand appealed a High Court order that directed the State Government to pay Rs.70,99,951.50 as compensation to the successors of an unauthorised occupier of a leased land. The land had been declared unauthorised occupation in 1972 and the State had successfully evicted the occupier under the U.P. Pub…
STATE OF KERALA AND ANR.versusC.P. RAO
2011 INSC 40216 May 2011Dismissed
The respondent, C.P. Rao, was charged with demanding a bribe of Rs 5,000 from complainant CW‑1 in exchange for granting pass marks to D‑Pharma students in a practical examination. The trial court convicted him under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, but the Keral…
BIRENDER PODDARversusSTATE OF BIHAR
2011 INSC 40316 May 2011Dismissed
Birender Poddar was convicted under Sections 302/34 and 498‑A of the IPC for the death of his wife in their matrimonial home. The prosecution relied on circumstantial evidence, including testimonies of the deceased's relatives, letters complaining of ill‑treatment, and a post‑mortem report showing incised injuries to t…
GUFFIC CHEM P. LTD. ETC.versusC.L.T., BELGAUM & ANR.
2011 INSC 20916 March 2011Appeal(s) allowed
During the assessment year 1997-98 Gufic Chem Ltd. received Rs. 50 lakh as a non‑competition fee under an agreement that prohibited it from carrying on its pharmaceutical business for 20 years. The Assessing Officer treated the amount as a capital receipt, a view upheld by the Commissioner of Income Tax (Appeals) and t…
UNION OF INDIA & OTHERSversusS.K. KAPOOR
2011 INSC 21016 March 2011Dismissed
S.K. Kapoor, a government employee, was charge‑sheeted for absence without leave and dismissed. He challenged the dismissal before the Central Administrative Tribunal, which quashed the order and directed that the Union Public Service Commission (UPSC) report relied upon be furnished to him in advance. The Union of Ind…
COMMR. OF COMMERCIAL TAXES AND ORS.versusCHITRAHAR TRADERS
2011 INSC 21116 March 2011Dismissed
The Neyveli Lignite Corporation (NLC), a government undertaking, entered into an agreement with Metal Scrap and Trading Corporation Ltd. (MSTC) to dispose of its condemned plant and machinery as iron and steel scrap. Chitrahar Traders purchased the material through an e‑auction, and the acceptance letter referred to th…
DESIYA MURPOKKU DRAVIDA KAZHAGAM AND ANR.versusTHE ELECTION COMMISSION OF INDIA
2011 INSC 21216 March 2011Hearing Adjourned
The Supreme Court examined eleven writ petitions and three special leave petitions filed by registered unrecognised political parties seeking a common election symbol for the upcoming Tamil Nadu Assembly elections. The parties challenged several provisions of the Election Symbols (Reservation and Allotment) Order, 1968…
B.PREMANAND & OTHERSversusMOHAN KOIKAL & OTHERS
2011 INSC 21316 March 2011Appeal(s) allowed
The appeal concerned the inter‑se seniority of Block Development Officers appointed under the Kerala State and Subordinate Services Rules, 1959. The appellants (SC/ST candidates) received the first effective advice from the Kerala Public Service Commission on 8 July 1992, whereas the respondents (general‑category candi…
YOGRAJ INFRASTRUCTURE LTD.versusSSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD.
2011 INSC 84515 December 2011Disposed off
An interlocutory application was filed by SSANG YONG Engineering & Construction Co. Ltd. seeking clarification and correction of several clerical errors in the Supreme Court's judgment dated 1 September 2011 in Civil Appeal No. 7562 of 2011. The applicant contended that paragraph 35 incorrectly stated that the SIAC Rul…
LEELA HOTELS LTD.versusHOUSING & URBAN DEVELOPMENT CORPORATION LTD.
2011 INSC 80015 November 2011Appeal(s) allowed
Leela Hotels Ltd. entered into a sub‑lease with HUDCO for a hotel project, which was later cancelled, leading to arbitration. The arbitrator awarded HUDCO to pay Leela Hotels a principal sum plus interest. HUDCO deposited Rs 89.78 crores, claiming it was towards the principal, while Leela Hotels argued it should first …
NATIONAL FERTILIZERS LTD.versusJAGGA SINGH (DECEASED) THROUGH L.RS.& ANR.
2011 INSC 80115 November 2011Dismissed
In 1983 the Punjab government acquired 29.68 acres of land in Bhatinda for employee housing of National Fertilizers Ltd (NFL) under the Land Acquisition Act, 1894. The landowners challenged the compensation awarded by the Land Acquisition Collector, leading the Additional District Judge to fix Rs.32.50 per square yard …
PRATAP SINGHversusSTATE OF U.P. & ANR.
2011 INSC 80215 November 2011Appeal(s) allowed
The appellant, a judicial officer, was not promoted to the substantive vacancy of the Uttar Pradesh Higher Judicial Service (UPHJS) and was reverted to Civil Judge (Senior Division) after the selection committee and the full court relied on adverse remarks in his Annual Confidential Report (ACR) that labeled him "irres…
BUDHADEV KARMASKARversusSTATE OF WEST BENGAL
2011 INSC 68715 September 2011Hearing Adjourned
The case originated as a criminal appeal (Budhadev Karmaskar v. State of West Bengal) in which the Supreme Court dismissed the appeal and upheld the conviction, but subsequently converted the matter into a suo motu public interest litigation concerning the rights of sex workers. The Court had earlier constituted a Pane…
JAIPUR VIKAS PRADHIKARANversusSRI ASHOK KUMAR CHOUDHARY & ORS.
2011 INSC 68815 September 2011Disposed off
Jaipur Vikas Pradhikaran engaged Advocate No.1 on a retainer to defend its land‑acquisition cases. The advocate also appeared for his sister (the wife of Advocate No.3) in the same reference case, thereby creating a conflict of interest which he failed to disclose. He did not file the required written statement, did no…
ANIL GILURKERversusBILASPUR RAIPUR KSHETRIA GRAMIN BANK & ANR.
2011 INSC 69015 September 2011Appeal(s) allowed
The appellant, a branch manager of Bilaspur Raipur Kshetriya Gramin Bank, was charged with sanctioning and distributing loans to brick manufacturers but allegedly misappropriating part of the amounts. The charge‑sheet dated 31‑01‑1989 contained only vague allegations without naming borrowers, loan amounts, or specific …
M/S. DELHI INTERNATIONAL AIRPORT PVT. LTD.versusUNION OF INDIA & ORS.
2011 INSC 68615 September 2011Disposed off
The case concerned 136 contract workers who had been employed as trolley retrievers at Delhi airports and sought regularisation after the Central Government’s 2004 notification under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRAA) prohibited such contract labour in the Airports Authority of India (AAI)…
TRANS MEDITERRANEAN AIRWAYSversusM/S UNIVERSAL EXPORTS & ANR.
2011 INSC 68915 September 2011Dismissed
The case concerned a complaint by Universal Exports (the consignor) that Trans Mediterranean Airways, an international cargo carrier, misdelivered a consignment intended for Barclays Bank, Madrid, delivering it instead to M/s Liwe Espanola. The consignor sought compensation under the Consumer Protection Act, 1986, alle…
JAGDISH PARWANIversusUNION OF INDIA & ORS.
2011 INSC 49515 July 2011Dismissed
Jagdish Parwani, a former employee of the Uttar Pradesh State Electricity Board, was appointed to a Central Government post in the Military Engineering Service on 23 February 1990 with a pay scale fixed at the minimum of Rs. 2200. He later claimed pay protection under the Ministry of Personnel's notification of 7 Augus…
UNION OF INDIA & ORS.versusJUJHAR SINGH
2011 INSC 49615 July 2011Appeal(s) allowed
Jujhar Singh, an army retiree, suffered a severe injury in a road accident while on annual leave in 1987. The Medical Board assessed a 60% disability but expressly held that the injury was neither attributable to nor aggravated by military service. After superannuation in 1998 he received a normal pension and sought a …
JALANDHAR IMPROVEMENT TRUSTversusVINOD KUMAR AND ORS.
2011 INSC 49415 July 2011Appeal(s) allowed
The Jalandhar Improvement Trust claimed ownership of 2½ kanals of land that forms part of a 55‑acre development scheme acquired by a 1977 award. The respondents, displaced persons from Pakistan, asserted that the land was evacuee property and sought proprietary rights, contending that the Trust’s eviction proceedings u…
VISHRAM SINGH RAGHUBANSHIversusSTATE OF U.P.
2011 INSC 41615 June 2011Dismissed
Vishram Singh Raghu Banshi, a practising advocate, was found to have abused the presiding magistrate with vulgar language after the magistrate questioned his involvement in an alleged impersonation of a surrendering accused. The magistrate complained, leading to contempt proceedings under Section 15 of the Contempt of …
CMD/CHAIRMAN, B.S.N.L. AND ORS.versusMISHRI LAL AND ORS.
2011 INSC 30215 April 2011Appeal(s) allowed
The respondents, who were serving as Raj Bhasha Adhikari on an officiating basis, filed a writ petition in the Allahabad High Court seeking to quash the Raj Bhasha Adhikari Recruitment Rules 2005 and the letters directing them to appear for a Limited Internal Competitive Examination, and also sought a mandamus to restr…
MUTHU KARUPPANversusPARITHI LLAMVAZHUTHI AND ANR.
2011 INSC 30315 April 2011Appeal(s) allowed
The case arose when an elected MLA, Parithi Llamvazhuthi, was granted conditional bail to take oath in the Tamil Nadu Assembly, but an application filed by Inspector Rajendra Kumar sought cancellation of that bail on the basis of a false statement that the MLA was in police custody. The MLA alleged that the Commissione…
JANAK DULARI DEVI & ANR.versusKAPILDEO RAI & ANR.
2011 INSC 30515 April 2011Dismissed
The appellants claimed that they had paid Rs.17,000 of the Rs.22,000 purchase price and that title passed to them upon execution and registration of the sale deed, seeking specific performance to obtain the registration receipt. The vendor denied any payment, retained the registration receipt, cancelled the deed and so…
STATE OF KARNATAKA AND ORS.versusJANTHAKAL ENTERPRISES AND ANR.
2011 INSC 29915 April 2011Appeal(s) allowed
The Supreme Court allowed the appeals filed by the State of Karnataka and other authorities against the Karnataka High Court’s order permitting Janthakal Enterprises to lift 1,17,800 tonnes of dumped ore. The Court held that the High Court had erred by disposing of a writ petition involving disputed factual issues in f…
DEB RATAN BISWAS AND ORS.versusMOST. ANAND MOYI DEVI AND ORS.
2011 INSC 30015 April 2011Appeal(s) allowed
The appellants filed a partition suit against the respondents, who had earlier executed a registered General Power of Attorney in favour of two attorneys to manage rent. While the suit was pending, the parties entered into a compromise, which the trial court approved and decreed. The respondents later filed a miscellan…
BOOZ-ALLEN & HAMILTON INC.versusSBI HOME FINANCE LTD. & ORS.
2011 INSC 30115 April 2011Dismissed
The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant had waived its right…
SRI RADHY SHYAM (D) THROUGH LRS. & ORS.versusSTATE OF U.P. & ORS.
2011 INSC 30415 April 2011Appeal(s) allowed
The State of Uttar Pradesh, through the Greater Noida Industrial Development Authority, acquired land belonging to the appellants for a planned industrial development of Gautam Budh Nagar, invoking Sections 17(1) and 17(4) of the Land Acquisition Act, 1894, thereby dispensing with the hearing provision of Section 5‑A. …
KAUSHALYA DEVI MASSANDversusROOPKISHORE KHORE
2011 INSC 20715 March 2011Case Partly allowed
The complainant, a widowed lady, filed a complaint under Section 138 of the Negotiable Instruments Act for the dishonour of several cheques issued by the respondent. The Judicial Magistrate sentenced the respondent to pay a fine of Rs 4 lakh as compensation, which the High Court later enhanced to Rs 6 lakh. The complai…
REKHAversusSTATE OF T. NADU TR. SEC. TO GOVT. & ANR
2011 INSC 20815 March 2011Matter referred to larger bench
The petitioners challenged a detention order issued under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, arguing that it was illegal because they were already in custody for a criminal case on the same facts and no bail application was pending. The State contended that the detaining authority…
NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOURversusUNION OF INDIA & ORS.
2011 INSC 20515 March 2011Disposed off
The National Campaign Committee filed a writ petition under Article 32 seeking full implementation of the Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 and the Welfare Cess Act, 1996, including the constitution of State Welfare Boards, registration of workers an…
DELHI DEVELOPMENT AUTHORITYversusRAM PRAKASH
2011 INSC 20615 March 2011Dismissed
The respondent purchased a leasehold property from the Delhi Development Authority (DDA) in 1972. From 1983 onward, DDA issued multiple show‑cause notices alleging that the respondent misused the premises for office purposes and carried out unauthorized terrace construction. The respondent contended that the alleged mi…
STATE OF HARYANA & OTHERSversusPRADUMAN SINGH (D) BY LRS
2011 INSC 12615 February 2011Appeal(s) allowed
The predecessor‑in‑interest of Praduman Singh filed a writ petition seeking to quash a 21‑June‑1996 letter from the Haryana Rehabilitation Department that halted land allotment under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and to compel the Tehsildar to allot him 20 standard acres in lieu of …
SURENDRA KOLIversusSTATE OF U.P. AND ORS.
2011 INSC 12715 February 2011Dismissed
Surendra Koli, a servant of Maninder Singh Pandher, was convicted of multiple murders of children in Nithari, Noida, where he allegedly lured, strangulated, dismembered and ate the victims. He gave a voluntary confession before a magistrate under Section 164 of the CrPC, which was corroborated by the recovery of skulls…
PRIYA DARSHNI DENTAL COLLEGE & HOSPITALversusUNION OF INDIA & ORS.
2011 INSC 12815 February 2011Case Allowed
Priyadarshini Dental College applied for renewal of its fourth‑year BOS course permission for 2010‑11. The Dental Council of India (DCI) found deficiencies and recommended non‑renewal, leading the Central Government to refuse the renewal. After a hearing ordered by the Madras High Court, the Central Government granted …
SHEO SHANKAR SINGHversusSTATE OF JHARKHAND & ANR.
2011 INSC 12515 February 2011Case Partly allowed
The appellants Sheo Shankar Singh and Umesh Singh were convicted for the murder of MLA Gurudas Chatterjee, who was shot from a motorcycle while riding pillion. The prosecution relied on the eye‑witness testimony of two riders, corroborated by seizure of the motorcycles, blood‑stained clothing, empty cartridges and medi…
DEEPTI BHANDARIversusNITIN BHANDARI & ANR.
2011 INSC 84414 December 2011Disposed off
The case involved a matrimonial dispute between Depti Bhandari and Nitin Bhandari, centering on visitation rights to their minor daughter after the mother shifted residence from Jaipur to Delhi. The father had been granted visitation rights in Jaipur, but the mother sought to modify the order to allow visitation in Del…
MAKERS DEVELOPMENT SERVICES PVT. LTD.versusM. VISVESVARAYA INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE
2011 INSC 79614 November 2011Dismissed
Makers Development Services Pvt. Ltd. entered into a 1980 agreement with M. Visvesvaraya Industrial Research and Development Centre for constructing a hotel complex and obtaining a 60‑year lease. After the construction stalled at 80 ft, the respondent served a notice to vacate the premises in July 2007. The appellant f…
POWERTECH WORLD WIDE LIMITEDversusDELVIN INTERNATIONAL GENERAL TRADING LLC
2011 INSC 79914 November 2011Case Allowed
Powertech World Wide Ltd., an Indian company, entered into a purchase contract with Delvin International General Trading LLC, a UAE company, which contained an arbitration clause stating that disputes would be settled amicably or through an arbitrator in India/UAE. After the respondent failed to pay outstanding dues de…
SHIJI @ PAPPU AND ORS.versusRADHIKA AND ANR.
2011 INSC 79714 November 2011Appeal(s) allowed
The appellants were charged under Sections 354 and 394 IPC for an alleged assault and robbery arising from a land access dispute. While the criminal case was pending, the parties reached an amicable settlement, and the complainant withdrew support for the prosecution. The appellants filed a petition under Section 482 C…
BIRBAL B. CHOUHAN & ANR. ETC. ETC.versusSTATE OF CHHATTISGARH ETC. ETC.
2011 INSC 79814 November 2011Disposed off
The appellants were charged under Sections 399 and 402 of the Indian Penal Code for assembling and preparing to commit dacoity on 10 February 1992. The prosecution proved that a group of armed men, including the appellants, attempted to stop two motorcyclists and were later seized by police with weapons, liquor and foo…
ABDUL REHMAN & ORS.versusK.M. ANEES-UL-HAQ
2011 INSC 79514 November 2011Appeal(s) allowed
Abdul Rehman and co‑accused filed a complaint with the Crime Against Women (CAW) Cell alleging that K.M. Anees‑ul‑Haq had demanded dowry, invoking sections 406 and 34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act. In retaliation, the respondent lodged a complaint under sections 211, 500, 109, 114 and 34 …
CITICORP. MARUTI FINANCE LTD.versusS. VIJAYALAXMI
2011 INSC 79314 November 2011Disposed off
The appellant Citicorp Maruti Finance Ltd. entered into a hire‑purchase agreement with the respondent for a Maruti Omni. After the respondent defaulted on monthly instalments, the bank repossessed the vehicle, informed police, and later auctioned it to a third party. The respondent filed a complaint before the Consumer…
PARMENDER KUMAR & ORS.versusSTATE OF HARYANA & ORS.
2011 INSC 79414 November 2011Disposed off
The appellants, members of the Haryana Civil Medical Services, applied for postgraduate medical courses under a reserved quota as per a university prospectus that required three years of regular service and a NOC issued before 6 April 2011. After the entrance exam, results and a merit list were declared, the Haryana Go…
KERALA STATE HOUSING BOARD & ORS.versusKERALA STATE HOUSING BOARD, NELLIKODE HOUSING COLONY ALLOTTEES ASSN. & ORS.
2011 INSC 68514 September 2011Appeal(s) allowed
The Kerala State Housing Board (the Board) acquired land in the mid‑1980s for housing schemes and, while compensation disputes were pending under Section 18 of the Land Acquisition Act, 1894, entered into sale agreements with allottee buyers that required payment of the difference between a tentative price and a final …
STATE OF WEST BENGAL AND ORS.versusDEBASISH MUKHERJEE AND ORS.
2011 INSC 68414 September 2011Disposed off
The case concerned a group of senior Lower Division Assistants (LDAs) who sought to have their pay stepped up to match that of a junior employee, Gopinath Dey, invoking West Bengal Service Rule 55(4). The Court found that Dey had been erroneously granted a higher pay scale and that the two conditions for Rule 55(4) – b…
CHHOTELALversusSTATE OF M.P.
2011 INSC 49214 July 2011Dismissed
Chhote Lal was convicted by the Sessions Court under IPC sections 376(2) (rape) and 302 (murder) for the rape and killing of a ten‑year‑old girl and was sentenced to life imprisonment, the judgment clarifying that the term would continue for the remainder of his life. The High Court affirmed the conviction and sentence…
UNION OF INDIA & ANR.versusRAM SINGH THAKUR & ORS.
2011 INSC 49314 July 2011Appeal(s) allowed
The Supreme Court heard a civil appeal filed by the Union of India challenging a Central Administrative Tribunal order that directed the Railway Board to devise a scheme to induct employees of the Railway Employees Consumer Co‑operative Society Ltd. into regular Group ‘D’ posts, a direction that had been upheld by the …
SRIVALLA SRINIVASA RAO & ORS.versusSTATE OF A.P.
2011 INSC 49114 July 2011Dismissed
The appellants were convicted of gang rape under Section 376(2g) of the IPC and of voluntarily causing hurt under Section 323, with the trial court sentencing three of them to ten years' rigorous imprisonment. The High Court reduced the rape sentence to seven years and dismissed the appeal. The appellants challenged th…
BHAGALOO LODH AND ANR.versusSTATE OF U.P.
2011 INSC 41414 June 2011Dismissed
The appellants were convicted for the murder of Vinod Kumar under Section 302 read with Section 34 of the IPC. They appealed, contending that the FIR was lodged nine hours after the incident without a satisfactory explanation and that the key eyewitnesses were close relatives of the deceased, rendering their testimony …
SK. YUSUFversusSTATE OF WEST BENGAL
2011 INSC 41514 June 2011Appeal(s) allowed
The appellant, Yusuf, was accused of murdering 13‑year‑old Sahanara Khatun and of concealing the offence under Sections 302 and 201 IPC. The prosecution relied on the claim that Yusuf attempted to rape the girl, struck her with a spade and buried her, supported by witnesses who saw Yusuf near the field with a spade, an…
GOPAL DASS THRU. BROTHER ANAND VIRversusUNION OF INDIA AND ANR.
2011 INSC 20314 March 2011Disposed off
The petitioner, an Indian national, was convicted by a Pakistani Field General Court Martial in 1986 under Section 59/3 of the Pakistan Official Secrets Act, 1923, and has been incarcerated in Pakistan for over 27 years. He filed a writ petition under Article 32 of the Indian Constitution seeking a direction to the Uni…
KERALA FINANCIAL CORPORATIONversusVINCENT PAUL & ANR.
2011 INSC 20414 March 2011Disposed off
The Kerala Financial Corporation (KFC) took over a defaulting borrower under Section 29 of the State Financial Corporations Act, 1951 and invited tenders for the sale of the borrower’s assets. Vincent Paul submitted the sole tender, paid earnest money and was later offered a price of Rs. 8.25 lakh subject to conditions…
B.N. SHIVANNAversusADVANTA INDIA LIMITED & ANR.
2011 INSC 20214 March 2011Dismissed
The appellant, advocate B.N. Shivanna, was retained by Advanta India Ltd. and allegedly fabricated High Court orders and embezzled Rs 72 lakhs by misusing his position. The Karnataka High Court suo motu and on the company’s complaint initiated criminal contempt proceedings, convicted him and sentenced him to six months…
BANSI LALversusSTATE OF HARYANA
2011 INSC 12014 February 2011Dismissed
Bansi Lal was convicted under Sections 498-A, 304-B and 306 of the IPC for the suicide of his wife Sarla, who had left the matrimonial home after a year of marriage, stayed with her parents for 14 months, and returned following a panchayat assurance. The prosecution proved a consistent demand for a scooter by the accus…
NEHA ARUN JUGADAR & ANRversusKUMARI PALAK DIWAN JI
2011 INSC 12114 February 2011Dismissed
The petitioners filed a transfer petition under Section 25 of the Code of Civil Procedure seeking to move a motor accident claim (MACT No. 138 of 2009) from the MACT Court in Gautam Budh Nagar, Uttar Pradesh to a competent court in Pune, Maharashtra, alleging that the Uttar Pradesh court lacked jurisdiction. The Suprem…
S.K.M. HAIDERversusUNION OF INDIA & ORS.
2011 INSC 12214 February 2011Appeal(s) allowed
The appellant, a Group D luggage porter in Northern Railway, qualified for promotion to Ticket Collector (Group C) after passing written and viva‑voce tests, but was denied promotion because he was not declared medically fit in Class B‑2 under Para 510 of the Indian Railway Medical Manual (IRMM). The appellant challeng…
SENIOR LAW MANAGER, INDIAN OIL CORPORATION LTD. AND ANR.versusGURU SHAKTI SINGH AND ANR.
2011 INSC 12314 February 2011Appeal(s) allowed
Indian Oil Corporation (IOC) advertised an LPG distributorship and, after interviews, prepared a merit panel placing Guru Shakti Singh first and Sardar Mahinder Singh second. Mahinder Singh complained that the selection committee had awarded him lower marks despite meeting the criteria, and filed a writ petition which …
BUDHADEV KARMASKARversusSTATE OF WEST BENGAL
2011 INSC 12414 February 2011Hearing Adjourned
The appellant Budhaev Karmaskar was convicted of murdering a sex worker, Chayay Rani Pal, by repeatedly striking her head, causing fatal injuries. Eye‑witness testimony and a detailed post‑mortem report established the brutality of the assault and the cause of death. The trial court sentenced him to life imprisonment u…
B.S. KRISHNA MURTHY AND ANR.versusB.S. NAGARAJ AND ORS.
2011 INSC 4614 January 2011Disposed off
The case involved a dispute between two brothers concerning family and business matters. The petitioners sought relief from the High Court, but the Supreme Court examined whether the parties should be directed to resolve the dispute through mediation. Relying on the purpose of Section 89 of the Code of Civil Procedure …
R.L. KALATHIA & CO.versusSTATE OF GUJARAT
2011 INSC 4714 January 2011Appeal(s) allowed
The partnership firm R.L. Kalathia & Co. was awarded a contract by the Gujarat State Government to construct the Fulzer Dam. During execution, the Executive Engineer ordered several additions and alterations, for which the contractor performed extra work and later submitted a consolidated claim. The contractor accepted…
STATE OF U.P.versusCHHOTEYLAL
2011 INSC 4814 January 2011Appeal(s) allowed
The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of A‑1, who had been convicted by the trial court for kidnapping, wrongful confinement and rape of a minor girl. The girl, aged about 17 years, was abducted from her village, taken to a city, and forced to have sexual intercourse under thr…
TGN KUMARversusSTATE OF KERALA AND ORS.
2011 INSC 4514 January 2011Appeal(s) allowed
The case arose from a complaint under Section 138 of the Negotiable Instruments Act. The accused obtained a High Court order under Section 482 CrPC allowing her to appear through counsel and the High Court issued sweeping directions to all criminal courts to dispense with personal attendance of accused in such cases an…
MEDLEY PHARMACEUTICALS LTDversusTHE COMMISSIONER OF CENTRAL EXCISE AND . CUSTOMS, DAMAN
2011 INSC 4914 January 2011Disposed off
The Supreme Court examined whether "physician samples" of patented and proprietary medicines, which are distributed free of cost to doctors and prohibited from sale under the Drugs and Cosmetics Act, are liable to central excise duty. It held that excise duty is a tax on manufacture, not on sale, and therefore the stat…
LAKHAN LALversusSTATE OF BIHAR
2011 INSC 5014 January 2011Case Partly allowed
Lakhan Lal and Pappu Lal were convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment. At the time of the offence (9 May 1985) they were about 16 years old, i.e., minors under the age of 18. The Supreme Court examined whether they could be treated as juveniles under the Juvenile Justice (C…
UNION TERRITORY ADMINISTRATION, CHANDIGARH & ORS.versusMRS. MANJU MATHUR & ANR.
2011 INSC 5114 January 2011Appeal(s) allowed
The respondents, a Senior Dietician and a Dietician employed by the Union Territory Administration of Chandigarh, claimed that their pay scales should be brought at par with those of their counterparts in the Government of Punjab, invoking the doctrine of equal pay for equal work. The High Court had directed the Union …
M/S. KAMAL TRADING PRIVATE LIMITED (NOW KNOWN AS MANAV INVESTMENT & TRADING CO. LTD.)versusSTATE OF WEST BENGAL & ORS.
2011 INSC 84313 December 2011Disposed off
The appellant, a private company managing premises requisitioned under the West Bengal Premises Requisition and Control (Temporary Provision) Act, learned that the State intended to acquire the same premises under the Land Acquisition Act, 1894. The State issued a notification under Section 4 of the Act and later a dec…
M/S SAGAR SUGARS & ALLIED PRODUCTS LTD.versusTHE TRANSMISSION CORPORATION OF A.P. LTD. & ORS.
2011 INSC 76013 October 2011Disposed off
The appellant, Sagar Sugars & Allied Products Ltd., entered into a Power Purchase Agreement (PPA) with the Transmission Corporation of Andhra Pradesh Ltd. to sell electricity generated from bagasse. The sugar plant was not operational between 13 January 2003 and 21 January 2004, raising a dispute over whether the unuti…
M/S. GRASIM INDUSTRIES LTD.versusUNION OF INDIA
2011 INSC 76113 October 2011Appeal(s) allowed
Grasim Industries, a manufacturer of white cement, repaired its plant machinery between 1995 and 1999, generating metal scrap and iron waste. The revenue authorities demanded excise duty and penalties on the scrap, treating it as an excisable good under the Central Excise Act. The Tribunal held that the scrap did not a…
THE STATE OF WEST BENGAL AND OTHERSversusSK. NAZRUL ISLAM
2011 INSC 76213 October 2011Appeal(s) allowed
The West Bengal Police recruited constables and placed the respondent on the provisional select list. He was medically fit and submitted a verification roll stating he had never been arrested, but an enquiry revealed his involvement in a criminal case under IPC sections 148, 323, 380, 448, 427 and 506, for which a char…
STATE BANK OF INDIAversusRAM LAL BHASKAR & ANR
2011 INSC 75813 October 2011Appeal(s) allowed
COLLECTOR, BILASPURversusAJIT P. K. JOGI & ORS.
2011 INSC 76313 October 2011Case Partly allowed
The case concerned a complaint before the National Commission for Scheduled Castes and Scheduled Tribes that Ajit P.K. Jogi had fraudulently obtained Scheduled Tribe certificates and contested elections from reserved constituencies. The Commission held a hearing, recorded a finding that Jogi’s certificates were false, …
DR. T. VARGHESE GEORGEversusKORA K. GEORGE & ORS.
2011 INSC 76413 October 2011Dismissed
The case concerned the T. Thomas Educational Trust, founded by a Christian philanthropist to run schools and a college. After the founder's death, allegations of mis‑management by his widow led three interested persons to file a suit under Section 92(1)(g) of the Code of Civil Procedure seeking a scheme for the trust. …
TRILOK SUDHIRBHAI PANDYAversusUNION OF INDIA & ORS.
2011 INSC 76513 October 2011Appeal(s) allowed
The appellants, land owners, challenged the appointment of Shri V.I. Gohil as the Competent Authority under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, arguing that his salary, allowances, accommodation and transport were paid by the private gas‑pipeline company whose project …
RAIWAD MANOJKUMAR NIVRUTTIRAOversusSTATE OF MAHARASHTRA & ANR.
2011 INSC 76713 October 2011Case Partly allowed
The appellant, a clerk in NABARD, was issued a caste certificate by a Tehsildar stating he belonged to the 'Koli Mahadeo' tribe, which was then recognized as a Scheduled Tribe in Maharashtra. After his appointment to a reserved ST vacancy in 1992, the bank’s Caste Scrutiny Committee later concluded that he did not belo…