TRAMBAKESHWAR DEVASTHAN TRUST AND ANR.versusPRESIDENT, PUROHIT SANGH AND ORS.
2011 INSC 76813 October 2011Disposed off
The Trambakeshwar Devasthan Trust, a public trust under the Bombay Public Trusts Act, 1950, challenged the High Court's order that the Board of Trustees of the Trimbakeshwar temple should include representatives of the Tungars, Purohits and Pujaris. The appellants argued that these groups have a direct pecuniary intere…
UNITED INDIA INSURANCE CO. LTD.versusSHILA DATTA & ORS.
2011 INSC 75913 October 2011Reference answered
The Supreme Court examined whether a motor insurer can challenge a Motor Accident Claims Tribunal award on the quantum of compensation and whether it may join the vehicle owner in an appeal. The Court held that when an insurer is impleaded as a party‑respondent, it may contest the claim on any ground and may jointly ap…
SHAW WALLACE & CO. LTD. (NOW UNITED SPIRITS LTD.)versusNEPAL FOOD CORPORATION & OTHERS
2011 INSC 76613 October 2011Disposed off
The plaintiff, Nepal Food Corporation (NFC), sold parboiled rice to Ngoh Hong Hang (NHH) under a letter of credit that required presentation of on‑board bills of lading. The cargo was shipped on the vessels Pichit Samut and Eastern Grand, whose owner’s agent was Shaw Wallace & Co. Ltd. (Shaw Wallace). NFC sued Shaw Wal…
MAHESH & ANR.versusSTATE OF MADHYA PRADESH
2011 INSC 67913 September 2011Dismissed
The case involved the murder of Kirori, where Mahesh and Kanhaiyalal were initially acquitted by the trial court but later convicted by the High Court under Section 302 read with Section 34 of the IPC. The appellants argued that the FIR did not mention their role, that eyewitness statements were recorded after an eight…
A. SRIDHARversusUNITED INDIA INSURANCE CO. LTD. & ANR.
2011 INSC 68013 September 2011Dismissed
A. Sridhar, while riding a motorcycle with a pillion rider, met with an accident on 14 January 1998 due to an oil spill on the road, sustaining grievous injuries. He filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking Rs. 6,00,000 as compensation, and the Motor Accident Claims Tribunal awarded Rs. 1…
D. SAMPATHversusUNITED INDIA INSURANCE CO. LTD. & ANR.
2011 INSC 68113 September 2011Case Partly allowed
A pillion rider of a motorcycle insured by United India Insurance suffered injuries in an accident caused by an oil spill. A medical doctor certified that the rider had a 75% disability, and the Motor Accident Claims Tribunal awarded compensation of Rs. 3,50,000. The High Court enhanced the compensation to Rs. 4,90,000…
M/S. CAUVERY COFFEE TRADERS, MANGALOREversusM/S. HORNOR RESOURCES (INTERN.) CO. LTD.
2011 INSC 68313 September 2011Dismissed
The Supreme Court examined an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator in a dispute arising from a purchase contract for iron ore. The contract required a minimum 63% Fe content and contained a price‑adjustment clause and an arbitration clause mandating…
ARULMIGHU LAKSHMI NARAYANASWAMY TEMPLE, REP. BY ITS CHAIRMAN, BOARD OF TRUSTEESversusNALLAMMAL (DEAD) THR. LRS. & ORS.
2011 INSC 68213 September 2011Dismissed
The Supreme Court considered an appeal by Arulmigu Lakshmi Narayanaswamy Temple challenging a High Court order that remanded a land dispute to the Minor Inams Abolition Tribunal. The core issue was whether the lands in Komarapalayam Agraharam hamlet were "minor inam" lands under the Tamil Nadu Minor Inams (Abolition an…
AJITSINGH HARNAMSINGH GUJRALversusSTATE OF MAHARASHTRA
2011 INSC 67713 September 2011Dismissed
Ajitsingh Harnamsingh Gujral was convicted of murdering his wife and three children by dousing them with petrol and setting them alight. The trial court and the Bombay High Court sentenced him to death. On appeal, the Supreme Court examined the circumstantial evidence, including the accused's last sighting with the vic…
SANTOSH KUMARIversusSTATE OF J & K & OTHERS
2011 INSC 67813 September 2011Disposed off
The appellant, Santosh Kumari, widow of a murder victim, challenged the High Court's orders that set aside the trial court's charge and granted interim bail to the accused. The Supreme Court examined whether the charge, which listed only the relevant sections of the Ranbir Penal Code without a specific offence name, co…
ARULMIGHU DHANDAYUDHAPANISWAMY THIRUKOIL, PALANI, TAMIL NADU, THR. ITS JOINT COMMISSIONERversusTHE DIRECTOR GENERAL OF POST OFFICES, DEPARTMENT OF POSTS & ORS.
2011 INSC 48913 July 2011Dismissed
The ancient Arulmigu Dhandayuthapani Swamy Temple deposited Rs.1,40,64,300 under the Post Office Time Deposit Scheme in 1995, but the scheme had been discontinued for institutions effective 1 April 1995. The Post Master later refunded the amount without interest, prompting the temple to claim interest as a deficiency i…
SAYAJI HANMANT BANKARversusSTATE OF MAHARASHTRA
2011 INSC 48813 July 2011Case Partly allowed
The appellant, Sayaji Hanmat Sankar, returned home intoxicated and, during a sudden quarrel, struck his wife with a brass pot and threw a burning kerosene lamp at her, causing severe burns. The victim, wearing a nylon sari, caught fire and later died; her dying declaration stated that the accused attempted to douse the…
MUSTKEEM @ SIRAJUDEENversusSTATE OF RAJASTHAN
2011 INSC 48713 July 2011Appeal(s) allowed
The accused Mustkeem, Nandu and Arun were convicted for the murder of Ram Pal Yadav under IPC s.302/34 and the Arms Act based largely on circumstantial evidence, hostile eyewitnesses, and weapons recovered after the accused’s disclosure. The Supreme Court found that key witnesses had turned hostile, statements were ret…
SHIPPING CORPORATION OF INDIA LTD.versusMARE SHIPPING INC.
2011 INSC 49013 July 2011Dismissed
The case involved a charter party for the carriage of crude oil from Ras Sukheir to a safe Indian port, where the charterers nominated Vadinar Single Berth Mooring (SBM) for discharge. The vessel arrived at Vadinar, tendered a Notice of Readiness (NOR) but could not moor at the SBM due to inadequate equipment. An adden…
STATE OF U. P.versusMOHD .. IQRAM & ANR.
2011 INSC 41313 June 2011Appeal(s) allowed
The State of Uttar Pradesh appealed against the Allahabad High Court’s acquittal of two accused (Mohd Iqram and another) in the murder of Rashmi. Police, on routine patrol, heard shrieks, saw three persons scaling a wall, apprehended two, and were led to the victim who later died of strangulation. The trial court convi…
BALCHANDRA L. JARKIHOLI & ORS.versusB.S. YEDDYURAPPA & ORS.
2011 INSC 40013 May 2011Appeal(s) allowed
Thirteen BJP MLAs wrote to the Governor withdrawing support from Chief Minister B.S. Yeddyurappa, prompting the Governor to ask the CM to prove his majority and the CM to file a disqualification application under the Tenth Schedule against them. The Speaker issued show‑cause notices, gave only three days to respond (in…
HARJIT SINGH UPPALversusANUP BANSAL
2011 INSC 40113 May 2011Appeal(s) allowed
The landlord filed a petition under the East Punjab Urban Rent Restriction Act, 1949 to evict the tenant for alleged rent arrears, and the Rent Controller fixed a provisional rent and ordered payment. The tenant applied to recall that order, alleging the controller had ignored his payment records, but the controller re…
PRAKASH KADAM AND ETC. ETC.versusRAMPRASAD VISHWANATH GUPTA AND ANR.
2011 INSC 39613 May 2011Dismissed
The Supreme Court examined the appeal of several police officers who had been granted bail by a Sessions Court in a murder case involving a alleged fake police encounter and contract killing. The prosecution alleged that the accused police abducted and murdered the victim, fabricated an encounter, and acted as contract…
AMAR NATH ROY AND ORS.versusARUN KUMAR KEDIA AND ANR.
2011 INSC 39713 May 2011Disposed off
The Supreme Court dismissed the tenant's appeal (Civil Appeal No. 2663 of 2004) and granted him nine months from November 4, 2009, to vacate the premises. The tenant's review petition was also dismissed on March 25, 2010. Despite the orders, the tenant failed to vacate the tenanted premises. A contempt petition (C No. …
MOHAMMAD AHMAD & ANR.versusATMA RAM CHAUHAN & ORS.
2011 INSC 39813 May 2011Dismissed
The appellants, tenants of two 240 sq ft shops, were originally paying Rs 60 per month. After a landlord‑tenant dispute, the High Court Single Judge stayed their eviction and first raised the rent to Rs 600 per month (Sept 2005). In Feb 2007, following a landlord’s offer and the tenants’ acceptance, the Judge further i…
RANGAMMALversusKUPPUSWAMI & ANR.
2011 INSC 39913 May 2011Appeal(s) allowed
Rangammal appealed against a decree that included her share of a property in a partition suit filed by her cousin Kuppuswami. The plaintiff relied on a sale deed dated 24‑02‑1951, allegedly executed by the appellant's de‑facto guardian while she was a minor, to claim title. The Supreme Court held that the burden of pro…
RUCHI MAJOOversusSANJEEV MAJOO
2011 INSC 39513 May 2011Disposed off
The mother, Ruchi Majoo, filed a petition under the Guardians and Wards Act, 1890 seeking interim custody of her 11‑year‑old son who had been residing in Delhi for three years, while the father, Sanjeev Majoo, contested jurisdiction, claiming the child’s ordinary residence was in the United States and invoking the prin…
THE COMMISSIONER, CORPORATION OF CHENNAIversusR. SIVASANKARA MEHTA AND ANOTHER
2011 INSC 29413 April 2011Appeal(s) allowed
The land in question was acquired in 1949 under the Land Acquisition Act, 1894 and vested in the State in 1962, later being transferred to the Chennai Municipal Corporation. In 1995 the Government ordered reconveyance of a portion of the land to the original owners, but subsequently cancelled that order on the ground t…
P.H. PAUL MANOJ PANDIANversusMR. P. VELDURAI
2011 INSC 29513 April 2011Appeal(s) allowed
The appellant challenged the election of the respondent on the ground that the respondent had subsisting government contracts at the time of filing his nomination papers, which under Section 9A of the Representation of the People Act, 1951 renders a candidate disqualified. The dispute turned on the validity of the term…
RALLIS INDIA LTD.versusPODURU VIDYA BHUSAN & ORS.
2011 INSC 29613 April 2011Appeal(s) allowed
Rallis India Ltd. filed criminal complaints under Sections 138 and 141 of the Negotiable Instruments Act alleging that a partnership firm and its partners had issued dishonoured cheques. The complaint specifically stated that the respondents were partners who managed the day‑to‑day affairs of the firm, making their lia…
VEERAN & ORS.versusSTATE OF M.P.
2011 INSC 29713 April 2011Case Partly allowed
The case involved an altercation between two rival groups in which appellant No.1, Veeran, struck the deceased, Daddu, on the head with a gandasa, causing his death, while the other accused inflicted injuries on witnesses. The trial courts convicted all four surviving accused under Section 302/149 (murder) along with S…
BABULAL SAHUversusSTATE OF CHHATISGARH
2011 INSC 29813 April 2011Dismissed
Babulal Sahu was convicted under Section 302 IPC for strangling his wife Basanti Bai after she refused his demand for sexual intercourse. The appellant argued that the killing fell within Exception 4 to Section 300 IPC, which would reduce the offence to culpable homicide not amounting to murder under Section 304. The C…
M/S. USHA RECTIFIER CORPN. (I) LTD. (PRESENTLY KNOWN AS M/S. USHA (I) LTD.)versusCOMMISSIONER OF CENTRAL EXCISE, NEW DELHI
2011 INSC 4013 January 2011Dismissed
The appellant, a manufacturer of electronic equipment, fabricated testing machines worth Rs 31.27 lacs to test its own products and claimed they were for captive consumption and R&D, not liable to excise duty. The department issued a show‑cause notice and, after the appellant’s admissions in its balance sheet and reply…
ARUNDHATI ASHOK WALAVALKARversusSTATE OF MAHARASHTRA
2011 INSC 4113 January 2011Dismissed
The appellant, a Metropolitan Magistrate, was charged with traveling without a ticket on three occasions and misusing her official identity card, leading to a disciplinary inquiry that found her guilty of misconduct under Rule 3(iii) of the Maharashtra Civil Services Conduct Rules. The inquiry officer recommended, and …
MIS. SARAF TRADING CORPORATION ETC. ETC.versusSTATE OF KERALA
2011 INSC 4213 January 2011Dismissed
The appellants, exporters of tea, bought tea at open auction from planters and exported it, claiming exemption from sales tax under section 5(3) of the Central Sales Tax Act, 1956. The assessing authority accepted the exemption claim as genuine but denied a refund of tax paid to the seller, holding that only the dealer…
STATE OF RAJASTHAN & ORS.versusDAYA LAL & ORS.
2011 INSC 4313 January 2011Appeal(s) allowed
The Supreme Court examined appeals filed by the State of Rajasthan challenging High Court orders that had granted regularisation and salary parity to employees of aided hostels and part‑time cooks/chowkidars in government hostels. It held that employees of privately‑run aided hostels are not state employees and the gov…
P.C. PAULOSE, M/S. SPARKWAY ENTERPRISESversusCOMMISSIONER OF CENTRAL EXCISE AND CUSTOMS
2011 INSC 4413 January 2011Dismissed
The appellant, Sparkway Enterprises, held a licence from the Airports Authority of India (AAI) to collect airport admission ticket charges at Karipur Airport and paid a monthly licence fee to AAI. The Central Board of Excise and Customs issued a show‑cause notice demanding service tax and education cess on the collecte…
CHIEF INFORMATION COMMR. AND ANOTHERversusSTATE OF MANIPUR AND ANOTHER
2011 INSC 84212 December 2011Disposed off
The Chief Information Commissioner of Manipur and another filed two RTI applications under Section 6 seeking details of magisterial inquiries, but received no response from the State Public Information Officer. They lodged complaints under Section 18, prompting the Commissioner to direct the officer to disclose the inf…
SANJEEV KUMAR JAINversusRAGHUBIR SARAN CHARITABLE TRUST & ORS.
2011 INSC 75512 October 2011Disposed off
The appellant Sanjeev Kumar Jain appealed against a Delhi High Court order that awarded the respondents Rs 45,28,000 as costs in an appeal concerning a vacated interim injunction. The Supreme Court examined whether the High Court could award such a sum, given the provisions of Section 35 of the Code of Civil Procedure …
SHRI GIRISH VYAS & ANR. .versusTHE STATE OF MAHARASHTRA & ORS.
2011 INSC 75612 October 2011Disposed off
The case concerned a 3,450‑sq‑metre plot (FP No.110) in Pune that was originally reserved for a garden and later for a primary school under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the land was acquired, the developer, who was the son‑in‑law of the then Chief Minister, obtained a developme…
SWAMI VIVEKANAND COLLEGE OF EDUCATION & ORS.versusUNION OF INDIA & ORS.
2011 INSC 75212 October 2011Dismissed
The appellants, institutions recognised by the National Council for Teacher Education (NCTE) and offering B.Ed. courses, were granted additional intake without NAAC accreditation. The NCTE later issued Regulations 8(4) and 8(5) requiring NAAC accreditation with a Letter Grade B for such institutions, which the appellan…
GANDURI KOTESHWARAMMA & ANR.versusCHAKIRI YANADI & ANR.
2011 INSC 75712 October 2011Appeal(s) allowed
A suit for partition of a Mitakshara coparcenary property was filed by a son (respondent No.1) against his father, brother and two sisters (the appellants). The trial court passed a preliminary decree in 1999, amended in 2003, determining the parties' shares, but a final decree had not been rendered. While the suit was…
PHULCHAND EXPORTS LTDversusO.O.O. PATRIOT
2011 INSC 75312 October 2011Dismissed
Phulchand Exports Ltd. (seller) shipped 1,000 metric tons of rice to 000 Patriot (buyer) under a CIF contract but delayed shipment by 16 days and loaded the goods on a vessel that was not bound for the agreed destination, causing the cargo to be lost. The buyer invoked a reimbursement clause in the contract and obtaine…
SIEMENS LTD. & ANOTHERversusSIEMENS EMPLOYEES UNION & ANOTHER
2011 INSC 75412 October 2011Appeal(s) allowed
Siemens Ltd. issued a 2007 notification inviting workmen to apply for a two‑year Officer Trainee programme, after which successful candidates would be designated as Junior Executive Officers. The Siemens Employees Union alleged that this scheme violated clause 7 of a 1982 settlement (prohibiting officers from doing nor…
STATE OF WEST BENGALversusHOWRAH GANATANTRIK NAGARIK SAMITY & ORS.
2011 INSC 67612 September 2011Appeal(s) allowed
The Supreme Court examined a public interest litigation filed to protect the Victoria Memorial Hall and its green surroundings from pollution caused by a bus terminus at Esplanade. The Calcutta High Court had ordered the relocation of the bus terminus within six months based on a NEERI report that recommended the move …
UNION OF INDIA & ORS.versusBODUPALLI GOPALASWAMI
2011 INSC 67212 September 2011Disposed off
The Commandant of 227 Company ASC (Supply) was dismissed by a General Court Martial (GCM) and his pension was forfeited by order of the President under Regulation 16(a) of the Army Pension Regulations. The Punjab & Haryana High Court quashed the pension forfeiture, prompting appeals by the Union of India and the office…
JAKIA NASIM AHESAN & ANR.versusSTATE OF GUJARAT & ORS.
2011 INSC 67112 September 2011Disposed off
The appellant, whose husband was killed in the 2002 Gulberg Society riots, filed a writ petition under Article 226 and Section 482 CrPC seeking registration of a private complaint as an FIR and investigation by an independent agency. The High Court dismissed the petition, directing the appellant to use the remedies und…
FRIENDS OF VICTORIA MEMORIALversusHOWRAH GANATANTRIK NAGARIK SAMITY & ORS.
2011 INSC 67312 September 2011Dismissed
The case concerned a public interest litigation filed to protect the Victoria Memorial Hall and its green surroundings in Kolkata. The Calcutta High Court had ordered a total ban on parking of vehicles around the monument for 24 hours a day, based on expert committee findings that parking contributed to pollution. The …
RAJENDRA SINGH VERMA (DEAD) THROUGH LRSversusLT. GOVERNOR OF NCT OF DELHI & ANR.
2011 INSC 67412 September 2011Dismissed
The Supreme Court considered three appeals challenging the compulsory retirement of two Delhi Higher Judicial Service officers and one Delhi Judicial Service officer. The appellants argued that their cases could not be reconsidered before reaching the age of 55 after an earlier screening at age 50, that the Lt. Governo…
SHRI AMBYA KALYA MHATRE (D) THROUGH LEGAL HEIRS & ORS.versusTHE STATE OF MAHARASHTRA
2011 INSC 67012 September 2011Appeal(s) allowed
The appellants, heirs of Ambya Kalya Mhatre, owned land acquired for the New Bombay project and were awarded compensation by the Special Land Acquisition Officer. Dissatisfied, they applied under section 18 of the Land Acquisition Act, 1894 for a reference to the civil court, initially seeking only an increase for the …
PEPSICO INDIA HOLDING PVT. LTD.versusSTATE OF MAHARASHTRA & ORS.
2011 INSC 67512 September 2011Dismissed
PepsiCo India Holding Pvt. Ltd. challenged the levy of increased water charges by the Maharashtra Industrial Development Corporation (MIDC) on the ground that the rates, notified in 2001, were being imposed retrospectively and violated the water‑supply agreement and the equality clause of the Constitution. The State Go…
RAM MEHAR SINGHversusSTATE OF N.C.T. OF DELHI AND ORS.
2011 INSC 57712 August 2011Disposed off
The case arose from a dispute over immovable property in which the police, invoking Sections 107 and 151 of the Code of Criminal Procedure (CrPC), detained the writ petitioners for a day. The petitioners filed writ petitions alleging illegal detention and violation of their fundamental rights; the Delhi High Court quas…
RAJINDER SINGH PATHANIA & ORS.versusSTATE OF N.C.T. OF DELHI & ORS.
2011 INSC 57812 August 2011Appeal(s) allowed
The Supreme Court examined a writ petition in which two police constables and a head constable were accused of illegal detention after they booked two intoxicated individuals under Sections 107 and 151 of the Cr.P.C. and sent them to judicial custody for failing to furnish bail bonds. The Delhi High Court had quashed t…
DELHI JAL BOARDversusNATIONAL CAMPAIGN FOR DIGNITY AND RIGHTS OF SEWERAGE AND ALLIED WORKERS & OTHERS
2011 INSC 48612 July 2011Dismissed
The National Campaign for Dignity and Rights of Sewerage and Allied Workers filed a public interest litigation before the Delhi High Court seeking safety measures and compensation for sewage workers who died in hazardous conditions. The High Court issued interim directions ordering the Delhi Jal Board (DJB) to provide …
JAIPUR DEVELOPMENT AUTHORITY AND OTHERSversusVIJAY KUMAR DATA AND ANOTHER
2011 INSC 48512 July 2011
The Supreme Court examined the Jaipur Development Authority’s attempt to regularise illegal land allotments in the Lal Kothi Scheme, which were based on a letter dated 6 December 2001 purporting to be a government policy. The Court held that the letter was not a valid policy order under Article 166 because it was not i…
UNION OF INDIAversusM/S. KRAFTERS ENGINEERING & LEASING (P) LTD.
2011 INSC 48312 July 2011Appeal(s) allowed
The Union of India challenged an arbitral award that granted interest on amounts payable to M/s. Krafters Engineering & Leasing (P) Ltd. under a works contract, arguing that Clause 1.15 of the General Conditions expressly prohibited any interest on such amounts. The High Court had upheld the award, but the Supreme Cour…
C.M. THRI VIKRAMA VARMAversusAVINASH MOHANTY AND ORS.
2011 INSC 48412 July 2011Dismissed
The case concerned the allocation of two Indian Police Service officers, Vikrama Varma (an OBC insider) and Avinash Mohanty, to state cadres after the 2004 Civil Services Examination. The respondents challenged the allocation of Varma to the Andhra Pradesh cadre, alleging that the allocation violated the roster princip…
PEPSU ROAD TRANSPORT CORPORATION, PATIALAversusMANGAL SINGH AND ORS.
2011 INSC 38712 May 2011Appeal(s) allowed
The Supreme Court examined whether employees of the Pepsu Road Transport Corporation could claim pension benefits under a scheme introduced in 1992 despite not exercising the option to join the scheme or refunding advances taken from the employer's C.P.F. contribution as required by the Corporation's Regulations. The C…
INDIAN MEDICAL ASSOCIATIONversusUNION OF INDIA & ORS.
2011 INSC 38812 May 2011Disposed off
The Army College of Medical Sciences (ACMS), run by the Army Welfare Education Society, admitted only wards of army personnel based on a Delhi Government exemption, ignoring merit and statutory reservations. The Indian Medical Association and several candidates challenged this policy, arguing that ACMS is a private una…
CENTRE FOR ENVIRONMENT AND FOOD SECURITYversusUNION OF INDIA AND ORS.
2011 INSC 38512 May 2011Heard
The Centre for Environment and Food Security filed a public‑interest writ petition seeking directions to ensure proper implementation of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) and its schemes, alleging fund diversion and irregularities, particularly in Orissa. The Supreme Court, afte…
RAM PRAKASH SHARMAversusBABULAL IRLA (D) BY LRS. & OTHERS
2011 INSC 39112 May 2011IA disposed
In a rent‑control eviction matter, the Supreme Court considered an interlocutory application seeking an extension of time for the tenants to vacate the premises. The Court extended the vacate date to 31 August 2011 and ordered that if the tenants fail to leave by that date, they shall be evicted by police force. The Co…
ALLAHABAD HIGH SCHOOL SOCIETY ALLAHABAD & ANR.versusSTATE OF U.P. & ORS.
2011 INSC 39212 May 2011Dismissed
The Allahabad High School Society amended its Rules, Constitution and Bye‑laws on 28 May 2007 and registered the changes on 30 May 2007. The Assistant Registrar, exercising powers under Section 12D(b) of the U.P. Societies Registration Act, 1860, cancelled the registration, finding that the amendments were made arbitra…
KALYANESHWARIversusU.0.I. & ORS.
2011 INSC 38612 May 2011Heard
The NGO Kalyaneswari and its Secretary B.K. Sharma filed a writ petition in the Gujarat High Court seeking the closure of an asbestos manufacturing unit, which the High Court dismissed as being filed at the behest of rival industrial groups and lacking bona fides. Undeterred, they approached the Supreme Court with a fr…
B. KOTHANDAPANIversusTAMIL NADU STATE TRANSPORT CORPORATION LTD.
2011 INSC 39312 May 2011Case Partly allowed
The appellant, a foreman, suffered partial loss of eyesight and amputation of a finger in a motor vehicle accident caused by the negligence of a state transport corporation driver. The Motor Accident Claims Tribunal awarded him a total compensation of Rs.5,05,053.45, including Rs.1,50,000 for permanent disability. The …
ABHYUDYA SANSTHAversusUNION OF INDIA & ORS.
2011 INSC 38912 May 2011Dismissed
The appellants, a group of educational institutions, filed Special Leave Petitions claiming they had been granted recognition by the National Council for Teacher Education (NCTE) and sought interim orders directing the State Government to allot students to their D.Ed. courses. During the pendency of the petitions, the …
KODIKUNNIL SURESH @ J. MONIANversusN.S. SAJI KUMAR, ETC. ETC.
2011 INSC 39012 May 2011Appeal(s) allowed
Kodikkunnil Suresh was elected from the Mavelikkara Lok Sabha seat reserved for Scheduled Castes. His election was challenged on the ground that he was a Christian and therefore not a member of any Scheduled Caste under the Constitution (Scheduled Castes) Order, 1950. The High Court declared his election void, holding …
RAJENDRA PRASAD GUPTAversusPRAKASH CHANDRA MISHRA & ORS.
2011 INSC 3412 January 2011Appeal(s) allowed
The plaintiff filed suit No.1301 of 1997 and subsequently lodged an application to withdraw the suit. Before the court could rule on that application, he filed a second application seeking to withdraw the earlier withdrawal application. The Allahabad High Court held that the filing of a withdrawal application automatic…
LAND ACQUISITION OFFICER-CUM-RDO, CHEVELLA DIVISION RANGA REDDY DISTRICTversusA. RAMACHANDRA REDDY & ORS.
2011 INSC 3512 January 2011Dismissed
The State acquired 24 acres of land for a police academy, issuing a preliminary notification on 3 Jan 1990 and a final declaration on 10 Jan 1990, and took possession on 18 Sep 1991 under the urgency provision of Section 17. The Land Acquisition Officer failed to pass an award within the two‑year period, and the High C…
PUSHPA @ LEELA & ORS.versusSHAKUNTALA & ORS.
2011 INSC 3612 January 2011Appeal(s) allowed
The heirs of Prem Chand and labourer Nikku Ram filed claim petitions after a truck, owned by Jitender Gupta on the registration but possessed by Salig Ram, met with a fatal accident. The Motor Accident Claims Tribunal awarded compensation but held only Salig Ram liable, ignoring the fact that the registration still nam…
GHISALALversusDHAPUBAI (DEAD) BY LRS. AND ORS.
2011 INSC 3712 January 2011Disposed off
Ghisalal claimed to be the adopted son of Gopalji and sought a one‑half share in Gopalji's ancestral property, asserting that the adoption was valid because Gopalji's wife, Dhapubai, had consented. The trial court, appellate court and High Court presumed Dhapubai's consent from her mere presence at the adoption ceremon…
STATE OF JHARKHAND & ORS.versusPAKUR JAGRAN MANCH & ORS.
2011 INSC 3812 January 2011Appeal(s) allowed
The State of Jharkhand sought to construct a hospital on 4.40 acres of land that had been recorded as gochar (village grazing land) under the Santhal Parganas Settlement Regulations, 1872. A public‑interest writ petition challenged the de‑reservation of the gochar, arguing that Section 38(1) of the Santhal Parganas Ten…
IQBAL MOOSA PATELversusSTATE OF GUJARAT
2011 INSC 3312 January 2011Dismissed
The appellants – Iqbal Moosa Patel, Derajram Jat and Ashuram Durgaram Chaudhary – were convicted under the NDPS Act for smuggling heroin after a truck was intercepted based on secret intelligence and a subsequent raid on Patel's residence seized 3.056 kg of heroin. They contended that the prosecution had not proved the…
MAHANT JAWALA SINGH CHELA OF MAHANT BISHAN SINGH (DEAD) THROUGH LEGAL REPRESENTATIVEversusTHE SHIROMANI GURDWARA PRABHANDHAK COMMITIEE, AMRITSAR
2011 INSC 3912 January 2011Appeal(s) allowed
Fifty‑three Sikh worshippers petitioned under Section 7(1) of the Sikh Gurdwaras Act, 1925 to have Gurdwara Sri Guru Granth Sahib in Jalal, Bhatinda declared a Sikh Gurdwara. The appellant, Mahant Jawala Singh, filed a petition under Section 8 claiming the institution was a Nirmala Dera, not established for Sikh public…
ORISSA PRIVATE MEDICAL & DENTAL COLLEGES ASSOCIATION, THROUGH ITS CHAIRMANversusCHAIRMAN, ORISSA JOINT ENTRANCE EXAMINATION- 2011 AND ORS.
2011 INSC 79111 November 2011Disposed off
The Orissa Private Medical & Dental Colleges Association appealed to the Supreme Court seeking a direction that the Chairman of the Orissa Joint Entrance Examination 2011 (OJEE‑11) conduct further counseling for 624 candidates on the waiting list to fill eight vacant seats in private medical colleges belonging to the a…
H.G. RANGANGOUDversusM/S. STATE TRADING CORPORATION OF INDIA LIMITED & ORS.
2011 INSC 79211 November 2011Appeal(s) allowed
H.G. Rangangoud applied for a mining lease which was later reserved by the Central Government in favour of State Trading Corporation of India Ltd. The Karnataka High Court, through a single judge, quashed the reservation. Before filing an appeal, Rangangoud informed the State Government of the order and sought its impl…
THE STATE OF WEST BENGAL & ORS.versusMANI BHUSHAN KUMAR
2011 INSC 74611 October 2011Appeal(s) allowed
The State Transport Authority of Bihar issued a temporary stage‑carriage permit for a vehicle to ply from Motihari (Bihar) to Siliguri (West Bengal) without the required counter‑signature of the West Bengal State Transport Authority. The vehicle was seized by the Motor Vehicle Department in Siliguri for lack of a valid…
THE STATE OF RAJASTHAN & ORS.versusTHE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JOOHPUR THROUGH ITS REGISTRAR GENERAL
2011 INSC 74711 October 2011Appeal(s) allowed
The State of Rajasthan appealed against a Rajasthan High Court order that directed the State Government to fill 34 vacant Food Inspector posts and to replace medical officers with sanitary inspectors for enforcing the Prevention of Food Adulteration Act. The High Court had held that medical officers, though not trained…
RAJENDRA VASSUDEV DESHPRABHU (DEAD) A THROUGH LRS. & ORS.versusDEPUTY COLLECTOR (RETD.) & LAND ACQUISITION OFFICER, PANAJI
2011 INSC 74811 October 2011Appeal(s) allowed
The appellants, legal heirs of co‑owners of land acquired under a 1990 preliminary notification, claimed compensation for 5,070 sq.m. of tenanted agricultural land. The Land Acquisition Officer awarded Rs 17 per sq.m., split equally between landlords and tenants. The Reference Court raised it to Rs 175 per sq.m., but t…
FEE REGULATORY COMMITTEEversusKALOL INSTITUTE OF MANAGEMENT, ETC
2011 INSC 74911 October 2011Appeal(s) allowed
The Fee Regulatory Committee (FRC) had fixed fee structures for unaided professional colleges in Gujarat for the academic years 2008-2009, 2009-2010 and 2010-2011. Private colleges sought revision of those fees, arguing that higher staff salaries under the Sixth Pay Commission increased their costs. The Gujarat High Co…
DELHI ADMINISTRATION THROUGH ITS SECRETARYversusUMRAO SINGH
2011 INSC 75011 October 2011Appeal(s) allowed
The respondents, whose lands were acquired for planned development of Delhi, applied for alternative plots under the 1961 Scheme but were rejected because they had purchased the land within five years of the acquisition notification. They challenged the rejection, arguing that the 1961 Scheme had been incorporated into…
SURAJ LAMP & INDUSTRIES PVT. LTD.versusSTATE OF HARYANA & ANR.
2011 INSC 73911 October 2011Disposed off
The Supreme Court examined the legality of transactions that rely on Sale Agreements, General Power of Attorney or Wills (collectively termed SA/GPA/Will transfers) as a mode of transferring immovable property. It observed that such arrangements are used to evade stamp duty, registration fees and to facilitate black‑mo…
MALTHESH GUDDA POOJAversusSTATE OF KARNATAKA & ORS.
2011 INSC 75111 October 2011Appeal(s) allowed
The appellant challenged a notification and the handling of a review petition concerning a writ appeal that had been dismissed by a Division Bench of the Karnataka High Court. The review petition was heard by a different Division Bench under a 29‑December‑2008 notification and was allowed on 17 December 2009, thereby r…
DEEPAK VERMAversusSTATE OF HIMACHAL PRADESH
2011 INSC 74311 October 2011Dismissed
The case involved the murder of Kamini Verma and her uncle Rakesh Kumar by accused Dheeraj Verma and Deepak Verma, who allegedly fired a double‑barrel gun after a rejected marriage proposal. The prosecution relied on the victim’s dying declaration, corroborated by three eyewitnesses, and on evidence that the second acc…
UNION OF INDIA AND ANR.versusASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA AND ORS.
2011 INSC 74411 October 2011Disposed off
The Union of India challenged the Telecom Disputes Settlement and Appellate Tribunal’s (TDSAT) orders that defined Adjusted Gross Revenue (AGR) to include only revenue from licensed telecom activities, excluding revenue from non‑licensed activities. The issue was whether the Tribunal and the Telecom Regulatory Authorit…
R. VIJAYANversusBABY AND ANR.
2011 INSC 74511 October 2011Dismissed
The appellant R. Vijayan filed a complaint under Section 138 of the Negotiable Instruments Act after a Rs.20,000 cheque issued by the first respondent was dishonoured. The First Class Magistrate convicted the respondent, imposing a fine of Rs.2,000 and directing payment of Rs.20,000 as compensation, with default impris…
GOA HOUSING BOARDversusRAMESHCHANDRA GOVIND PAWASKAR & ANR.
2011 INSC 73811 October 2011Disposed off
The Supreme Court examined the compensation payable for land acquired from a tenant who held the land under the Goa, Daman and Diu Agricultural Tenancy Act, 1964. The land was subject to a statutory prohibition under Section 2 of the Goa Land Use (Regulation) Act, 1991, which barred any non‑agricultural use. The Court …
D. ETHIRAJversusSECRETARY TO GOVT. & ORS.
2011 INSC 74011 October 2011Appeal(s) allowed
D. Ethiraj was convicted under IPC sections 366, 109 and 119 and sentenced to three years rigorous imprisonment. He sought remission under Tamil Nadu Government Order No. 279 dated 23‑02‑1992, which provides six months remission for male prisoners. The Madras High Court rejected his application on the ground that he wa…
SANCHIT BANSAL &. ANR.versusTHE JOINT ADMISSION BOARD (JAB) & ORS.
2011 INSC 74111 October 2011Dismissed
The appellants, Sanchit Bansal and another, challenged the Joint Admission Board's (JAB) method of fixing cut‑off marks for the IIT‑JEE 2006, alleging that the procedure was arbitrary, capricious and motivated by personal enmity, which led to the first appellant's disqualification despite a high aggregate score. The Hi…
DAYARAMversusSUDHIR BATHAM & ORS.
2011 INSC 73711 October 2011Disposed off
The case concerned the validity of the fifteen directions issued by the Supreme Court in Kumari Madhuri Patil for verification of caste certificates and the procedural rights of parties challenging the orders of the State Level Screening Committee. Dayaram, the President of the Scheduled Caste Employees Association, ch…
PUSHPA KUMARI & ORS.versusTHE STATE OF BIHAR & ORS.
2011 INSC 74211 October 2011Appeal(s) allowed
The appellants, who had completed primary teacher‑training courses at a women’s college between 1988 and 1995, sought to appear for the teachers‑training examination conducted by the Bihar School Examination Board. The Board refused to issue examination forms, and the High Court dismissed the appellants’ writ petition,…
ORISSA POWER TRANSMISSION CORPORATION LTD.versusKHAGESWAR SUNDARAY AND ORS.
2011 INSC 57311 August 2011Appeal(s) allowed
The Orissa State Electricity Board (OSEB) granted two advance increments to Lower Division Clerks (LDCs) who became graduates while in service, but later limited this benefit to those who graduated or passed the Accounts Examination on or before 30‑06‑1971. Five LDCs who obtained their degrees after that date filed wri…
MRS. SATIMBLA SHARMA AND ORS.versusST. PAULS SENIOR SECONDARY SCHOOL AND ORS.
2011 INSC 57411 August 2011Disposed off
The case concerned teachers of St. Paul's Senior Secondary School, a private unaided minority institution, who claimed that their salaries and allowances should be equal to those of teachers in government and government‑aided schools. The teachers argued that Article 14 and Article 39(d) of the Constitution, read with …
ORIENTAL BANK OF COMMERCE & ANR.versusR.K. UPPAL
2011 INSC 57511 August 2011Appeal(s) allowed
The respondent, R.K. Uppal, a senior manager of Oriental Bank of Commerce, was dismissed after a departmental inquiry found him guilty of misconduct. He appealed the dismissal under Regulation 17 of the Bank's Discipline and Appeal Regulations, 1982, also seeking a personal hearing, but the appellate authority denied t…
STATE OF RAJASTHAN & ORS.versusJEEV RAJ & ORS.
2011 INSC 57611 August 2011Appeal(s) allowed
The State of Rajasthan sought to cancel a 1969 order by the Public Health and Engineering Department (PHED) that restored 460.15 bighas of agricultural land to the respondents, arguing that PHED lacked authority under the Rajasthan Land Revenue Act to grant land. The respondents contended that the order was valid and t…
KRISHI UTPADAN MANDI SAMITI, ALLAHABADversusM/S. BAIDYANATH AYURVED BHAWAN (P) LTD. AND ANR.
2011 INSC 57211 August 2011Appeal(s) allowed
The Uttar Pradesh Krishi Utpadan Mandi Samiti (appellant) issued notices to Mis. Baidyanath Ayurved Bhandan Ltd. (respondent) demanding a licence under Section 9 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, because the company bought agricultural produce such as gur, amla and ghee in bulk and used them as…
MATHAI M. PAIKEDAYversusC.K. ANTONY
2011 INSC 48211 July 2011Appeal(s) allowed
The appellant filed two suits for recovery of money against the respondent, a retired Deputy Conservator of Forest drawing a pension of Rs 10,500, and obtained decrees in his favour. The respondent appealed the decrees before the Kerala High Court and sought to prosecute the appeals as an indigent person under Order 44…
COMMISSIONER OF CENTRAL EXCISE, NAGPURversusS. GURUKRIPA RESINS PVT. LTD.
2011 INSC 48111 July 2011Appeal(s) allowed
The assessee, S. Gurukripa Resins Pvt. Ltd., manufactured turpentine oil and rosin by distilling crude turpentine and used electric motors to lift water for cooling the condensers. It claimed exemption from excise duty on the ground that the manufacturing process was carried out without the aid of power. The revenue au…
FLG. OFFICER RAJIV GAKHARversusMS. BHAVANA @ SAHAR WASIF
2011 INSC 38011 May 2011Dismissed
The appellant, an Indian Air Force pilot, married the respondent at an Arya Samaj temple after being told she was a Hindu spinster. He later discovered she had previously converted to Islam, married a Muslim, had two children, and divorced, but claimed she had reconverted to Hinduism through Shudhikaran ceremonies befo…
C.B.I. AND ORS.versusKESHUB MAHINDRA ETC. ETC.
2011 INSC 37811 May 2011Dismissed
The case stems from the 1984 Bhopal gas tragedy, where the CBI filed charge sheets alleging offences under Sections 304, 324, 326, 429 and 35 IPC. The Sessions Court framed those charges, but the Supreme Court, in Keshub Mahindra v. State of M.P. (1996), quashed them and directed that only Section 304A IPC could be fra…
VIMALESHWAR NAGAPPA SHETversusNOOR AHMED SHERIFF & ORS.
2011 INSC 38111 May 2011Dismissed
The appellant, Vimaleshwar Nagappa Shet, bought a dwelling house from several co‑sharers of a deceased owner but the agreement of sale did not include the minor grandson (Defendant No. 3). The minor did not join the sale and later offered to purchase the 9/11 share, prompting the High Court to fix a market value and di…
AMAR SINGHversusUNION OF INDIA & ORS.
2011 INSC 38211 May 2011Dismissed
Amar Singh filed a writ petition under Article 32 alleging that his telephone conversations were intercepted by the Government of India and the Delhi administration at the behest of a political party, and sought an injunction and damages. The petition relied on annexes that were later shown to be forged and were obtain…
NARMADA BACHAO ANDOLANversusSTATE OF MADHYA PRADESH & ANR.
2011 INSC 37911 May 2011Disposed off
The Supreme Court heard appeals by the State of Madhya Pradesh and the Narmada Hydro Development Corporation challenging the High Court's interim orders in a public‑interest litigation filed by Narmada Bachao Andolan (NBA) concerning the Omkareshwar Dam. NBA sought land‑for‑land rehabilitation, inclusion of major sons …
VIDEOCON INDUSTRIES LTD.versusUNION OF INDIA AND ANR.
2011 INSC 38311 May 2011Appeal(s) allowed
The dispute arose under a Production Sharing Contract (PSC) between the Government of India and a consortium that included Videocon Industries Ltd. The PSC stipulated Kuala Lumpur as the seat of arbitration, but due to the SARS epidemic the arbitral tribunal held hearings in Amsterdam and London, recording a consent to…
APM TERMINALS B.V.versusUNION OF INDIA & ANR.
2011 INSC 38411 May 2011Disposed off
APM Terminals BV challenged the Jawaharlal Nehru Port Trust’s (JNPT) decision to exclude it from the Fourth Container Terminal tender, arguing that a licence agreement clause (8.31) barred the exclusion. The Union of India had altered its port policy to prevent private monopolisation, stipulating that operators of one …
COMMISSIONER OF TRADE TAX, U.P.versusVARUN BEVERAGES LIMITED
2011 INSC 28911 April 2011Case Partly allowed
The Commissioner of Trade Tax appealed against a High Court order that had allowed the inclusion of both bottles and crates used by Varun Beverages Ltd. in the definition of "fixed capital investment" under Section 4‑A(4) of the Uttar Pradesh Trade Tax Act, 1948, thereby granting tax exemption. The issue was whether bo…
KULVINDER SINGH & ANR.versusSTATE OF HARYANA
2011 INSC 29011 April 2011Dismissed
Kulvinder Singh and Jasvinder Singh were convicted of murder under IPC s.302 read with s.34 for the killing of Amardeep. The prosecution relied on a chain of circumstantial evidence: a motive arising from a prior quarrel, the accused’s presence near the victim before the crime, witnesses hearing shrieks and seeing the …
THIRUMALAI CHEMICALS LIMITEDversusUNION OF INDIA & ORS.
2011 INSC 29211 April 2011Disposed off
Thirumalai Chemicals Ltd imported goods in 1996 and, due to a bank error, the required exchange control documents were not forwarded to the RBI, leading to penalty orders under FERA. The company sought to appeal these orders after FEMA came into force, filing belated appeals in 2004 before the Appellate Tribunal under …
DEVINDER SINGHversusMUNICIPAL COUNCIL, SANAUR
2011 INSC 29311 April 2011Appeal(s) allowed
Devinder Singh was engaged by the Municipal Council, Sanaur as a clerk on a contract basis from August 1994 and his services were terminated on 30 September 1996 without the notice or compensation required under Section 25‑F of the Industrial Disputes Act, 1947. The Labour Court awarded him reinstatement, but the Punja…
KULDIP YADAV & ORS.versusSTATE OF BIHAR
2011 INSC 28611 April 2011Appeal(s) allowed
The case arose from two FIRs (11/97 and 12/97) lodged on 28‑29 April 1997 concerning a violent incident in which a man named Suresh Yadav died and several others were injured. Eleven accused were charged under IPC sections 302, 324 and 149 and were convicted by the trial court, a decision affirmed by the High Court. On…
B.R. SURENDRANATH SINGHversusDEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, KARNATAKA AND ORS.
2011 INSC 28711 April 2011Dismissed
The appellant, B.R. Surendranath Singh, a holder of a mining lease in Karnataka, alleged that about one lakh tonnes of iron ore found on his lease area had been illegally dumped by third parties and sought to prevent the Department of Mines and Geology from auctioning the ore. The Department seized the ore, identified …
SRI NAGARAJAPPAversusDIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.
2011 INSC 28811 April 2011Appeal(s) allowed
Sri Nagarajappa, a coolie, was injured in a motor accident caused by a negligent bus driver and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 1,70,200, using a 20% disability figure (based on whole‑body disability) and a multiplier of 11 (age 55). …
SUNITA KUMARI KASHYAPversusSTATE OF BIHAR AND ANR.
2011 INSC 29111 April 2011Appeal(s) allowed
The appellant-wife alleged that her husband and in‑laws subjected her to dowry‑related cruelty and forced her to leave the matrimonial home in Ranchi and return to her parental home in Gaya. She filed an FIR in Gaya under IPC sections 498A, 406 r/w 34 and Dowry Prohibition Act sections 3 and 4. The High Court quashed t…
DELHI PRADESH REGD. MED. PRT. ASSN.versusUNION OF INDIA & ORS.
2011 INSC 20111 March 2011Dismissed
The Delhi Pradesh Regulated Medical Practitioners Association filed a review petition before the Supreme Court challenging a judgment that dismissed its claim to practice medicine on the basis of qualifications awarded by the Hindi Sahitya Sammelan. The sole ground advanced was that the Association's counsel was absent…
BHAWANI PRASAD SONKARversusUNION OF INDIA & ORS.
2011 INSC 20011 March 2011Appeal(s) allowed
The appellant, BHAWANI PRASAD SONKAR, sought a compassionate appointment in the Indian Railways for himself after his father, a Guard Mail/Express, was medically de‑categorised and retired on 30 August 1999 without being offered alternative employment. The Railway Board had issued several circulars governing compassion…
JARNAIL SINGHversusSTATE OF PUNJAB
2011 INSC 11911 February 2011Dismissed
The appellant was apprehended while carrying a bag that contained 1.75 kg of opium and was convicted under Section 18 of the NDPS Act. He challenged the conviction on several grounds, including non‑compliance with Section 50 of the NDPS Act, the admissibility of his consent statement under Section 25 of the Evidence Ac…
VIKAS KUMAR ROORKEWALversusSTATE OF UTTARAKHAND AND ORS,
2011 INSC 2711 January 2011Disposed off
The petitioner, son of a murdered Superintending Engineer, filed a transfer petition under Section 406 of the CrPC seeking to move the murder trial from Haridwar to Delhi, alleging that witnesses were being threatened by the accused's powerful gang and that the investigating and prosecuting agencies had failed to prote…
S.K. JHA COMMODREversusSTATE OF KERALA AND ANOTHER
2011 INSC 2811 January 2011Dismissed
Three Naval Officers were arrested for offences under the Indian Penal Code and were remanded to judicial custody. The Commanding Officer of their naval unit applied to the magistrate for the accused to be handed over for trial under the Navy Act, 1957 (court‑martial). The magistrate rejected the application, holding t…
STATE BANK OF INDIA AND ORSversusBIDYUT KUMAR MITRA AND ORS.
2011 INSC 2911 January 2011Appeal(s) allowed
The respondent, a former Branch Manager of State Bank of India, was dismissed after a departmental inquiry found him guilty of granting loans beyond his discretionary powers. He later challenged the dismissal, alleging denial of natural justice because the Central Vigilance Commission (CVC) report and certain defence d…
MANOJ YADAVversusPUSHPA @ KIRAN YADAV & ORS.
2011 INSC 3111 January 2011Dismissed
Manoj Yadav appealed against the High Court of Madhya Pradesh’s order that enhanced his wife’s maintenance under Section 125 of the Criminal Procedure Code (CrPC) from Rs.1,500 to Rs.4,000 per month. The appellant argued that the State amendment (Madhya Pradesh Act 10 of 1998) capped maintenance at Rs.3,000 per month, …
KAMLESHWAR PASWANversusSTATE OF U.T. CHANDIGARH
2011 INSC 3211 January 2011Dismissed
Kamleshwar Paswan was convicted for the murder of his two young sons and the attempted murder of a third child after a neighbour witnessed him beating the children with a wooden stick. The trial court sentenced him to death under Sections 302 and 307 of the Indian Penal Code, a sentence confirmed by the High Court. On …
GAYATHRI WOMEN WELFARE ASSOCIATIONversusGOWRAMMA AND ANR.
2011 INSC 3011 January 2011Appeal(s) allowed
The Gayathri Women Welfare Association sued for a permanent injunction to protect its possession of land. The trial court granted the injunction, but the Karnataka High Court set aside the decree and remanded the case. After remand, the respondents amended their written statement to add a counter‑claim for demolition a…
GIRNAR TRADERSversusSTATE OF MAHARASHTRA AND ORS.
2011 INSC 2611 January 2011Reference answered
The case concerned a parcel of land in Jalgaon reserved for a development plan under the Maharashtra Regional and Town Planning (MRTP) Act, 1966. The appellant claimed that the State Government and Municipal Council failed to acquire the land within the time limits prescribed by the MRTP Act and sought relief under the…
MOHD. IMRAN KHANversusSTATE (GOVT. OF NCT OF DELHI)
2011 INSC 73610 October 2011Dismissed
The Supreme Court examined appeals by Mohd. Imran Khan and Jamal Ahmed against their conviction for rape under Section 376 IPC. The Court held that the prosecutrix, Monika, was a minor (under 16) at the time of the offence, based on her birth certificate and the acknowledged margin of error in radiological age estimate…
MOHD. ARIF @ ASHFAQversusSTATE OF NCT OF DELHI
2011 INSC 57110 August 2011Dismissed
The appellant, a Pakistani national and member of Lashkar‑e‑Toiba, was convicted for planning and executing a terrorist attack on the Red Fort on 22 December 2000, which killed three Indian Army soldiers. The prosecution proved the conspiracy and the murders through extensive circumstantial evidence, forensic links bet…
C. RONALD & ANR.versusSTATE, U.T. OF ANDAMAN & NICOBAR ISLANDS
2011 INSC 56510 August 2011Disposed off
The appellants C. Ronald and Anil Kumar were caught with counterfeit Rs.100 notes after a gambling incident; the police seized numerous fake notes from their possession and homes. The trial court acquitted them, but the Calcutta High Court reversed the acquittal, convicted them under the provisions relating to circulat…
M/S. AGARWAL OIL REFINERY CORPORATION, KANPURversusTHE COMMISSIONER OF TRADE TAX, U.P. LUCKNOW
2011 INSC 56610 August 2011Disposed off
Agarwal Oil Refinery Corp purchased burnt motor oil, refined it, and sold the refined product. The assessing authority taxed the burnt oil under Section 3‑AAAA of the U.P. Trade Tax Act, treating it as "old, discarded, unserviceable store". The Tribunal and the Additional Commissioner (J) held that the refined oil was …
M/S. ROYAL ENFIELD (UNIT OF M/S EICHER LTD.)versusCOMMISSIONER OF CENTRAL EXCISE, CHENNAI
2011 INSC 56710 August 2011Dismissed
Royal Enfield (unit of M/s Eicher Ltd.) manufactured motorcycles and dispatched them to dealers outside Chennai in a packed condition, charging Rs.190 per bike as packing charges and claiming an abatement in the assessable value for excise duty. The Central Excise authorities disallowed the inclusion of these packing c…
EASTERN COALFIELDS LTD.versusM/S TETULIA COKE PLANT (P) LTD. & ORS.
2011 INSC 56810 August 2011Disposed off
The appeal challenges a Calcutta High Court order that upheld a writ petition against the e‑auction scheme for coal sales. The Supreme Court had earlier, in Ashoka Smokeless Coal India Ltd. v. Union of India (2007) 2 SCC 640, declared the e‑auction scheme ultra‑violus of Article 14 and directed coal companies to refun…
STATE OF JHARKHAND & ORS. ETC.versusM/S. SHIVAM COKE INDUSTRIES, DHANBAD, ETC.
2011 INSC 56910 August 2011Disposed off
The respondents, manufacturers of coke, were assessed for tax under the Bihar Finance Act, 1981 and the Deputy Commissioner issued revised assessment orders. After a change in the Deputy Commissioner, the new officer highlighted irregularities and informed the Joint Commissioner, who then exercised suo motu revision po…
SAROJBEN ASHWINKUMAR SHAHversusSTATE OF GUJARAT AND ANR.
2011 INSC 57010 August 2011Appeal(s) allowed
A complaint under Section 138 of the Negotiable Instruments Act was filed against a partnership firm and its two partners. The complainant later applied under Section 319 of the Code of Criminal Procedure to join two additional partners as co‑accused, relying solely on the firm's registration document that listed them …
DHARMATMA SINGHversusHARMINDER SINGH & ORS.
2011 INSC 37110 May 2011Appeal(s) allowed
The appellant was charged under several IPC offences based on a FIR filed by respondent No.1, while a cross‑case was filed against respondents No.1 and 2. After the magistrate permitted further investigation, the Superintendent of Police submitted a further report stating that respondent No.1 had acted in self‑defence …
M/S ATMA RAM BUILDERS P. LTD.versusA.K. TULI & OTHERS
2011 INSC 37610 May 2011Disposed off
The Supreme Court entertained contempt petitions filed by Atma Ram Builders Ltd. (landlord) against the tenant A.K. Tuli and certain sub‑tenants for refusing to vacate premises despite a Supreme Court order dated 6 October 2010 granting six months to surrender possession and to file an undertaking. The tenant, aided by…
GURU DEV SINGHversusSTATE OF M.P.
2011 INSC 37710 May 2011Dismissed
The appellant, Guru Dev Singh, was one of three accused who attacked Bhola Singh and another man with a kirpan, lohangi and lathi, causing Bhola Singh's death. Eye‑witnesses PW‑1 and PW‑2 testified that the accused surrounded the victims, struck them on vital parts and threw the dead body into a nala; a post‑mortem sho…
COMMISSIONER OF POLICE, DELHI & ORS.versusJAI BHAGWAN
2011 INSC 37310 May 2011
The respondent, a constable in the Delhi Police, was accused of extorting Rs.100 from a passenger at the airport and later returning the money. A departmental enquiry found him guilty of gross misconduct and dismissed him, a decision upheld by the appellate authority and the Central Administrative Tribunal. The High Co…
M/S. L.K. TRUSTversusEDC LTD. & ORS.
2011 INSC 37410 May 2011Dismissed
The appellant L.K. Trust claimed that a concluded contract existed between it and EDC Ltd. for the sale of a mortgaged hotel property, arguing that the mortgagor (Falcon Retreat Pvt. Ltd., respondent No.3) had lost its statutory right of redemption under Section 60 of the Transfer of Property Act. The Supreme Court hel…
PREMAversusNANJE GOWDA AND OTHERS
2011 INSC 37210 May 2011Appeal(s) allowed
The appellant, an unmarried daughter, sought to increase her share in a joint Hindu family property after the Karnataka legislature inserted Section 6A into the Hindu Succession Act, granting daughters equal coparcenary rights. A preliminary decree in the partition suit had already fixed her share at 1/28th, but the fi…
MAHADEV GOVIND GHARGE & OTHERSversusTHE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, JAMKHANDI, KARNATAKA
2011 INSC 37510 May 2011Disposed off
The landowners, who were caveators, appealed the award of compensation under the Land Acquisition Act and filed cross‑objections under Order XLI Rule 22 of the CPC, but delayed filing them by 404 days. The High Court dismissed both the State's appeal and the cross‑objections, holding that the one‑month limitation perio…
RAJESH KUMAR SRIVASTAVAversusSTATE OF JHARKHAND & ORS.
2011 INSC 19710 March 2011Dismissed
The appellant, a probationer Munsif, was discharged from service after a complaint that he had improperly discharged accused in a criminal case. The matter was examined by the High Court's Standing Committee and Full Court, which concluded that his overall performance and conduct were unsatisfactory and ordered his ter…
AJIT KUMARversusSTATE OF JHARKHAND & ORS.
2011 INSC 19810 March 2011Dismissed
The appellant, a subordinate judge, was removed from service by the Governor on the recommendation of the Jharkhand High Court, which had dispensed with a departmental inquiry under Article 311(2)(b) of the Constitution. The judge challenged the removal, arguing that the High Court lacked authority to forgo an inquiry,…
M/S HANS STEEL ROLLING MILL.versusCOMMNR. OF CENTRAL EXCISE, CHANDIGARH
2011 INSC 19910 March 2011Dismissed
Hans Steel Rolling Mill, a manufacturer of steel products, opted for the compound levy scheme under Section 3A of the Central Excise Act and paid duty as per Rule 96ZP. The Commissioner initially fixed its annual capacity at 3355 MT, later revised to 1890 MT after the mill altered its parameters. The revenue department…
KUMARI RANJANA MISHRA AND ANR.versusTHE STATE OF BIHAR AND ORS.
2011 INSC 19610 March 2011Appeal(s) allowed
The appellants had enrolled for the Certificate in Physical Education (C.P.Ed.) course at Champaran Physical Training College, which was temporarily recognised by the Bihar Government in 1988. After the National Council for Teacher Education (NCTE) Act, 1993 came into force in 1995, the power to grant recognition shift…
RAVINDER RAJversusM/S. COMPETENT MOTORS CO. PVT. LTD. & ANR.
2011 INSC 11510 February 2011Dismissed
Ravinder Raj booked a Maruti car in the mid‑1980s, paid an advance and later paid the full price in February 1989. Before the official billing on 5 April 1989, the government raised excise duty, increasing the car's price by about Rs.6,710, and the dealer asked the buyer to pay the excess amount, which he did under pro…
V.S. ACHUTHANANDANversusR. BALAKRISHNA PILLAI & ORS.
2011 INSC 11610 February 2011Appeal(s) allowed
The case concerned the award of a hydro‑electric project contract by the Kerala State Electricity Board to K.P. Poulose at rates far above the probable amount, allegedly facilitated by Minister R. Balakrishna Pillai, a Board member and a close associate. The prosecution proved that the Minister, the Board member and an…
PAWAN PRATAP SINGH & ORS.versusREEVAN SINGH & ORS.
2011 INSC 11710 February 2011Appeal(s) allowed
The case concerned two groups of directly recruited Deputy Jailors in Uttar Pradesh – one appointed in 1991 through the Subordinate Services Selection Commission and another in 1994 through the Uttar Pradesh Public Service Commission. A seniority list issued in 1995 placed the 1991 appointees senior to the 1994 appoint…
THE COMMISSIONER OF CENTRAL EXCISE, VISAKHAPATNAMversusM/S. MEHTA & CO.
2011 INSC 11810 February 2011Appeal(s) allowed
The Commissioner of Central Excise issued a show‑cause notice to M/s Mehta & Co., alleging that the firm manufactured and removed wooden furniture from a hotel premises without paying excise duty, thereby evading tax. The respondent contested the demand, arguing that the items were immovable fixtures and that the deman…
SRI INDRA DASversusSTATE OF ASSAM
2011 INSC 11410 February 2011Appeal(s) allowed
The appellant, Sri Indra Das, was convicted under Section 3(5) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged membership in the banned ULFA organization, based solely on a confession to a police officer that was later retracted and uncorroborated. The Supreme Court held that a confession…
STATE OF U.P. & ORS.versusMADHAV PRASAD SHARMA
2011 INSC 2510 January 2011Case Partly allowed
Madhav Prasad Sharma, a police constable, was absent without authorized leave for 101 days and was subsequently terminated from service. He appealed the termination, which was rejected by the DIG, and then obtained a writ order from the High Court Single Judge quashing the termination on the ground that he had been sub…
MIS. DISHA CONSTRUCTIONS AND ORS.versusSTATE OF GOA AND ANR.
2011 INSC 8419 December 2011Appeal(s) allowed
The appellants, Disha Constructions and others, entered into a contract to construct a school auditorium and were partially paid, leaving a balance due from September 2006. They served a notice under Section 80 of the CPC to the first defendant on 19 February 2009, which was received on 27 February 2009, and filed a su…
MIS. ESSEL PROPACK LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI-ILL
2011 INSC 7909 November 2011Appeal(s) allowed
Mis Essel Propack Ltd. manufactured plastic tubes and fitted plastic caps supplied free of cost by its customer, Colgate, before the tubes left its factory. The Commissioner of Central Excise treated the value of the caps as part of the assessable value of the tubes and levied excise duty, penalty and interest, which t…
MARATHWADA GRAMIN BANK KARAMCHARI SANGHATANA AND ANOTHERversusMANAGEMENT OF MARATHWADA GRAMIN BANK AND OTHERS
2011 INSC 6669 September 2011Dismissed
Marathwada Gramin Bank was required to follow the Employees Provident Fund (EPF) Scheme from 1979, but between 1981 and 1993 it paid contributions in excess of the statutory amount under a self‑created trust scheme after obtaining an exemption from the Regional Provident Fund Commissioner. The exemption was withdrawn i…
RAGHUVANSH DEWANCHAND BHASINversusSTATE OF MAHARASHTRA & ANR.
2011 INSC 6689 September 2011Dismissed
The appellant, a practising advocate, was charged under IPC s.324. After failing to appear on 7 August 2002, the Additional Chief Metropolitan Magistrate issued a non‑bailable warrant (NBW) returnable on 31 October 2002. The appellant appeared on 12 August and the warrant was cancelled, but on 15 August the police insp…
G. REDDEIAHversusTHE GOVERNMENT OF ANDHRA PRADESH & ANR.
2011 INSC 6699 September 2011Dismissed
The appellant, G. Reddeiah, brother‑in‑law of R. Sreenivasulu, challenged a preventive detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, which was passed on 12 November 2010 after the detenue had been released on bail. The detenue was alleged to have repeatedly felled, cut an…
KHATRI HOTELS PRIVATE LIMITED AND ANOTHERversusUNION OF INDIA AND ANOTHER
2011 INSC 6679 September 2011Dismissed
The appellants, Khatri Hotels Private Ltd. and another, claimed title and sought an injunction over land they alleged to have purchased. The land had been urbanised under the Delhi Municipal Corporation Act, 1957 and transferred to the Delhi Development Authority (DOA) by notification under the Delhi Development Act, 1…
CENTRAL BOARD OF SECONDARY EDUCATION & ANR.versusADITYA BANDOPADHYAY & ORS.
2011 INSC 5579 August 2011Disposed off
The appellant, Central Board of Secondary Education (CBSE), rejected a student's request to inspect and re‑evaluate his evaluated answer‑books, invoking exemption under Section 8(1)(e) of the Right to Information (RTI) Act and its own bye‑laws. The student filed a writ petition seeking a declaration that the refusal wa…
STATE OF TAMIL NADU & ORS.versusK. SHYAM SUNDER & ORS.
2011 INSC 5559 August 2011Dismissed
The Tamil Nadu government enacted the Uniform System of School Education Act, 2010 to introduce a common syllabus and textbooks for all schools, which was upheld by the High Court and the Supreme Court after certain provisions were struck down. After a change of government in 2011, the new administration hurriedly pass…
PRATAP CHANDRA MEHTAversusSTATE BAR COUNCIL OF M.P. & ORS.
2011 INSC 5629 August 2011Dismissed
The State Bar Council of Madhya Pradesh passed a no‑confidence motion against its Chairman and Vice‑Chairman under Rules 121 and 122‑A, prompting the petitioners to challenge the validity of those rules. The petitioners argued that the rules were ultra vires Section 15 of the Advocates Act, amounted to excessive delega…
K.T. PLANTATION PVT. LTD. & ANRversusSTATE OF KARNATAKA
2011 INSC 5549 August 2011Dismissed
The case concerned lands in the Roerich estate that were exempted from Karnataka's Land Reforms Act, 1961 under Section 107 for linaloe cultivation. The State Government withdrew this exemption by issuing a notification under Section 110 of the Act in 1994, and later enacted the Roerich and Devika Rani Roerich Estate (…
D.P. DASversusUNION OF INDIA AND ORS.
2011 INSC 5599 August 2011Appeal(s) allowed
In 1983 the Ordnance Factories Organization recruited Specialist Medical Officers (SMOs) in several disciplines. When a post was created in 1991, the UPSC prepared a combined seniority list, using the date of interview to rank candidates who were recommended on the same day. D.P. Das, an SMO, challenged this method, ar…
RAJIV SARIN & ANR.versusSTATE OF UTTARAKHAND & ORS.
2011 INSC 5539 August 2011
The appellants, heirs of a zamindar, challenged a Gazette notification under Section 4‑A of the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (KUZALR Act) that vested their 1,600 acres of forest land in the State on 1 January 1978. They argued that the vesting was unconstitutional, repugnant to …
MAHENDRA SINGHversusSTATE OF UTIARANCHAL
2011 INSC 5589 August 2011Appeal(s) allowed
Mahendra Singh, a police constable, shot and killed Janardhan Pathak, a forest gate‑keeper, claiming the incident occurred during a scuffle in which he was attacked. The trial court convicted him of murder under IPC s.302 and sentenced him under the Arms Act; the High Court affirmed. On appeal, the Supreme Court examin…
COMMISSIONER OF CENTRAL EXCISE, MUMBAIversusM/S. KALVERT FOODS INDIA PVT. LTD. AND ORS.
2011 INSC 5609 August 2011Appeal(s) allowed
The Commissioner of Central Excise appealed against the CEGAT order that had set aside the adjudicating authority’s finding that Kalvert Foods India Pvt. Ltd. clandestinely removed excisable food products and passed them off as non‑excisable goods. The Supreme Court held that the Managing Director’s statements recorded…
RAMACHANDRAPPAversusTHE MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED
2011 INSC 5619 August 2011Case Partly allowed
ETHIOPIAN AIRLINESversusGANESH NARAIN SABOO
2011 INSC 5569 August 2011Disposed off
The respondent filed a complaint before the Maharashtra State Consumer Dispute Redressal Commission alleging delay and damage to a consignment shipped by Ethiopian Airlines. The State Commission dismissed the complaint; the National Consumer Disputes Redressal Commission set aside that order and remitted the case for f…
COMMISSIONER OF CENTRAL EXCISE, BELAPUR, MUMBAIversusRDC CONCRETE (INDIA) P. LTD.
2011 INSC 5639 August 2011Case Allowed
The Revenue Department alleged that RDC Concrete (India) Ltd. undervalued its pavers and sold them to an inter‑connected company to evade excise duty. The CESTAT upheld the duty demand but later, upon a rectification application under Section 35C(2) of the Central Excise Act, 1944, modified its earlier order, quashing …
PYLA MUTYALAMMA @ SATYAVATHIversusPYLA SURI DEMUDU & ANR.
2011 INSC 5649 August 2011Case Allowed
The appellant, Pyla Mutyalamma, filed a Section 125 Cr.P.C. application for maintenance against her husband, alleging a valid marriage in 1974 and desertion after 25 years. The trial magistrate found her to be the lawful wife with two surviving children and awarded Rs.500 per month. The husband appealed, claiming a pri…
A SHANKARversusSTATE OF KARNATAKA
2011 INSC 4129 June 2011Appeal(s) allowed
The appellant A. Shankar was charged under IPC sections 302, 307 and 324 for the murder of Murthy Prasad and the attempted murder of Shankara, the victim's brother. The trial court acquitted him, finding that the prosecution had not proved guilt beyond reasonable doubt, particularly due to contradictions in the eye‑wit…
O.P. SHARMA & ORS.versusHIGH COURT OF PUNJAB & HARYANA
2011 INSC 3679 May 2011Disposed off
Advocates O.P. Sharma and others verbally abused and threatened a Judicial Magistrate in a Faridabad court, using filthy language and slogans. The High Court, acting suo motu, convicted them of criminal contempt under s.2(c) of the Contempt of Courts Act, 1971 and sentenced them to simple imprisonment and fine. The adv…
BHAGWAN DASSversusSTATE(NCT) OF DELHI
2011 INSC 3689 May 2011Dismissed
Bhagwan Dass was convicted for the murder of his daughter, who had left her husband and was living in an incestuous relationship with his cousin. The prosecution proved the case on circumstantial evidence, establishing motive, opportunity, the victim's post‑mortem findings of strangulation, the appellant’s failure to r…
JAWAHAR SINGHversusBALA JAIN & ORS.
2011 INSC 3699 May 2011Dismissed
The deceased was riding a scooter when a motorcycle driven by a minor, Jatin, collided with it, causing the deceased's death. The claimants obtained a compensation award from the Motor Accident Claims Tribunal, which held the owner of the motorcycle liable because the driver was a minor without a licence. The Delhi Hig…
UNION OF INDIA THROUGH THE SECRETARY, NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING.versusSHYAM BABU MAHESHWARI
2011 INSC 3709 May 2011Appeal(s) allowed
The respondent, a former employee of NCERT, opted for the Contributory Provident Fund (CPF) scheme in 1977 and retired on 31 July 1984, withdrawing CPF benefits. An O.M. dated 06 June 1985 allowed Central Government employees who were in service on 31 March 1985 and retiring on or after that date to switch to the pensi…
NOIDA ENTREPRENEURS ASSOCIATIONversusNOIDA & ORS.
2011 INSC 3669 May 2011Disposed off
The Noida Entrepreneurs Association filed a writ petition alleging that the former CEO of the New Okhla Industrial Development Authority (NOIDA), Shri Ravi Mathur, IAS, misused his position between 1993-94 by awarding contracts without tender, evading conversion charges, and illegally converting a 13‑hectare city park …
RAYMOND LTD. & ANOTHERversusTUKARAM TANAJI MANDHARE & ANOTHER
2011 INSC 1929 March 2011Matter referred to larger bench
The appellants, Raymond Ltd. and another, filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, claiming they were employees of the respondent company, which denied any direct employer‑employee relationship, asserting the complainants were engaged throug…
R.S. SINGHversusU.P. MALARIA NIRIKSHAK SANGH & ORS.
2011 INSC 1939 March 2011Appeal(s) allowed
The Allahabad High Court summoned the Principal Secretary (Finance) and the Principal Secretary (Medical & Health) to appear personally for allegedly failing to comply with its earlier judgment. R.S. Singh appealed the High Court's interim orders to the Supreme Court, arguing that such summons of senior officials are u…
HARICHARAN & ANR.versusSTATE OF MADHYA PRADESH & ORS,
2011 INSC 1949 March 2011Dismissed
The case concerned the custodial death of Mathura, who was taken into police custody, subjected to electric shock torture, and died shortly after release. The trial court acquitted the police officers, but the High Court convicted them under IPC sections 304 Part II and 330, relying on medical evidence of scrotal burns…
NILESH DINKAR PARADKARversusSTATE OF MAHARASHTRA
2011 INSC 1959 March 2011Appeal(s) allowed
The appellant, Nilesh Dinkar Paradkar, was convicted under the Maharashtra Control of Organized Crime Act (MCOCA) and the IPC based largely on voice identification of a recorded telephone conversation. The High Court upheld his conviction while acquitting the other accused, relying on the officer's identification of th…
STATE OF ORISSA & ANR.versusMAMATA MOHANTY
2011 INSC 1139 February 2011Disposed off
The Supreme Court examined a group of appeals challenging High Court orders that granted UGC pay‑scale benefits to lecturers appointed in aided colleges without meeting the statutory eligibility of 54% marks in their Master's degree and without following the prescribed advertisement procedure. The Court held that appoi…
UNIVERSITY OF KERALAversusCOUNCIL, PRINCIPALS', COLLEGES, KERALA & ORS.
2011 INSC 8408 December 2011Disposed off
The Supreme Court entertained interlocutory applications filed by the Jawaharlal Nehru University (JNU) Students' Union and Youth for Equality Students seeking to hold student‑union elections that were stayed on the ground that they did not comply with the Lyngdoh Committee recommendations. The Court examined whether a…
MRS. ANITA MALHOTRAversusAPPAREL EXPORT PROMOTION COUNCIL & ANR.
2011 INSC 7898 November 2011Appeal(s) allowed
Anita Malhotra, a former non‑executive director of Lapareil Exports (P) Ltd., resigned on 31‑08‑1998. In 2004 the company issued cheques that were later dishonoured, and the Apparel Export Promotion Council filed a complaint under Section 138 of the Negotiable Instruments Act, naming Malhotra as accused director. Malho…
ASHIWIN S. MEHTA & ANR.versusUNION OF INDIA & ORS.
2011 INSC 7868 November 2011Case Partly allowed
The appellants, who together held over 90 lakh shares in Apollo Tyres, had their holdings attached under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The Custodian prepared a scheme for sale of the attached shares, which the Special Court approved, categorising the shares and …
EMPLOYEES PROVIDENT FUND COMMISSIONERversusO.L. OF ESSKAY PHARMACEUTICALS LIMITED
2011 INSC 7878 November 2011Appeal(s) allowed
ANANDversusCOMMITTEE FOR SCRUTINY AND VERIFICATION OF TRIBE CLAIMS AND ORS.
2011 INSC 7888 November 2011Appeal(s) allowed
Anand, a field officer appointed on a Scheduled Tribe reservation, sought validation of his Halbi tribe status after his caste certificate was cancelled by the Caste Scrutiny Committee and upheld by the High Court. He had submitted numerous pre‑Independence school certificates and other documents showing his relatives …
MOHD. SALMANversusCOMMITTEE OF MANAGEMENT & ORS.
2011 INSC 6618 September 2011Dismissed
The appellant was appointed as an Assistant Teacher on a one‑year probationary basis, which was subsequently extended twice. His performance was repeatedly found unsatisfactory, and he was terminated under Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali. The Allahabad High Court …
MUKHIYA KARYAPALAK ADHIKARI, U. P. KHADI TATHA GRAMODYOG BOARD KARMIT ANUBHAG, LUCKNOW & ANR.versusSANTOSH KUMAR
2011 INSC 6628 September 2011Appeal(s) allowed
The respondent, Santosh Kumar, was engaged on a contract basis as a peon and his service was terminated by the appellant on 5 July 2004. He filed a writ petition in the Allahabad High Court seeking quashing of the termination order, which was dismissed by the Single Judge. The appellant appealed, and the Division Bench…
BIHAR STATE ELECTRICITY BOARD & ANR.versusRAM DEO PRASAD SINGH & ORS.
2011 INSC 6638 September 2011Appeal(s) allowed
The respondents, former security guards of the Patratu Thermal Power Station, were dismissed in 1975 and filed a civil suit in Patna in 1979 seeking reinstatement, which the trial court allowed. The Bihar State Electricity Board appealed, and the appeal was heard by the Additional District Judge, Patna, and later by th…
OM PRAKASHversusSTATE OF PUNJAB AND ORS.
2011 INSC 6648 September 2011Dismissed
The appellant, a Head Constable of Punjab Police, was dismissed for being absent without leave for 39 days in 1984. He challenged the dismissal in a civil suit, arguing that the later regularisation of his leave nullified the charge of unauthorized absence and that procedural defects—failure to furnish an absence repor…
MARABASAPPA (D) BY LRS. & ORS.versusNINGAPPA (D) BY LRS. & ORS.
2011 INSC 6658 September 2011Appeal(s) allowed
The dispute concerned lands acquired by Parwatevva, a Hindu woman, after her marriage. The plaintiffs alleged that all the properties were joint Hindu family assets and sought a one‑third share for each son, while the defendants contended that the lands were Parwatevva's self‑acquired or stridhana property. The trial c…
MIS. CITADEL FINE PHARMACEUTICALSversusMIS. RAMANIYAM REAL ESTATES P. LTD. & ANR.
2011 INSC 5498 August 2011Disposed off
Citadel Fine Pharmaceuticals (vendor) and Ramaniyam Real Estates (buyer) entered into a sale agreement for 66 cents of land, of which 19 cents were declared excess under the Tamil Nadu Urban Land Ceiling Act. The contract made time of the essence, requiring the buyer to obtain clearance from the land‑ceiling authoritie…
BHASKAR MISHRAversusSTATE OF MADHYA PRADESH
2011 INSC 5508 August 2011Dismissed
Bhaskar Mishra was charged under Section 307 of the IPC. Anticipating arrest, he filed an anticipatory bail application under Section 438 of the CrPC before the Sessions Court, which was dismissed. The Madhya Pradesh High Court later granted anticipatory bail for four weeks and directed him to seek regular bail, but Mi…
RAJENDER SINGHversusSTATE OF HARYANA
2011 INSC 5518 August 2011
Inspector Kuldip Singh received secret information that the appellant was dealing in opium and sent a Ruqa to the police station, but he neither recorded the information in writing nor forwarded a copy to his superior as required by Section 42 of the NDPS Act. The DSP, Charanjit Singh, was alerted only by a wireless me…
AMIT SINGHversusSTATE OF MAHARASHTRA & ANR.
2011 INSC 5528 August 2011Case Allowed
Amit Singh was convicted of multiple offences, including murder, and sentenced to life imprisonment. He filed a writ petition under Article 32, claiming that he was a juvenile (under 18) at the time of the offence on 1 May 1999, based on his birth certificate and school records showing a birth date of 10 May 1982. The …
FUERST DAY LAWSON LTD.versusJINDAL EXPORTS LTD.
2011 INSC 4798 July 2011Disposed off
The Supreme Court examined a batch of Special Leave Petitions arising from orders of the Delhi and Calcutta High Courts that refused to enforce foreign arbitral awards or to award interest. The central question was whether an order that is not appealable under section 50 of the Arbitration and Conciliation Act, 1996 co…
NANDIESHA REDDYversusMRS. KAVITHA MAHESH
2011 INSC 4808 July 2011Dismissed
In the 2008 Karnataka Assembly election, the returned candidate Nandiesha Reddy's election was challenged by Kavitha Mahesh, who alleged that her nomination paper, signed by ten electors, was illegally rejected by the Returning Officer. The petitioner filed an election petition and the returned candidate sought to stri…
BOARD OF TRUSTEES OF THE PORT OF MUMBAIversusM/S BYRAMJEE JEEJEEBHOY PVT. LTD. & ANR.
2011 INSC 2848 April 2011Appeal(s) allowed
The Board of Trustees of the Port of Mumbai, as landlord, sued M/s Byramjee Jeejeebhoy Pvt. Ltd. (tenant) and its sub‑tenant Wadi Sunder Cotton Press Co. for eviction on the ground of unlawful sub‑letting under the Bombay Rent Act, 1947. The trial court and the High Court held that the sub‑lease breached the lease deed…
NARMADA BAIversusSTATE OF GUJARAT AND ORS
2011 INSC 2858 April 2011Case Allowed
Narmada Bai, the mother of Tulsiram Prajapati, filed a writ petition under Article 32 alleging that her son was killed in a fake police encounter in Gujarat and that senior police officials and a politician were involved. She sought a direction for the Central Bureau of Investigation (CBI) to register an FIR, investiga…
GANGADHARA PALOversusTHE REVENUE DIVISIONAL OFFICER & ANOTHER
2011 INSC 1918 March 2011Appeal(s) allowed
The appellant filed a review petition in the High Court after a special leave petition (SLP) against the High Court's judgment was dismissed by the Supreme Court without reasons. The High Court dismissed the review petition and the application for condonation of a 71‑day delay. The Supreme Court held that the delay sho…
STATE OF U.P.versusNARESH AND ORS.
2011 INSC 1898 March 2011Appeal(s) allowed
The State of Uttar Pradesh prosecuted four accused for the murder of Sri Ram and the serious gunshot injuries to Balak Ram arising from a dispute on 16 October 1979. The trial court convicted them under sections 302, 307 and 379 of the IPC, but the Allahabad High Court acquitted them, relying on alleged minor contradic…
STATE OF U.P. AND ORS.versusBHARAT SINGH AND ORS.
2011 INSC 1908 March 2011Disposed off
The Supreme Court examined two questions arising from the selection of principals for aided/affiliated degree and postgraduate colleges in Uttar Pradesh. First, it held that the High Court was correct in quashing the appointment of a Divisional Commissioner as an enquiry officer because a parallel state inquiry would d…
STATE OF PUNJABversusAMARJIT SINGH AND ANR.
2011 INSC 1078 February 2011Appeal(s) allowed
The State of Punjab appealed against an order of the Executing Court that allowed the respondents, whose land had been acquired, to claim the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 on both the market value of the land and the solatium payable under Section 23(2). The respondents sought…
BACHNI DEVI AND ANR.versusSTATE OF HARYANA THROUGH SECRETARY, HOME DEPARTMENT
2011 INSC 1088 February 2011Dismissed
The Supreme Court examined an appeal by Bachni Devi and her son, convicted under Section 304B of the IPC for the dowry death of the son’s wife, Kanta, who died by hanging within three months of marriage. The prosecution proved that Kanta’s death was unnatural, occurred within seven years of marriage, and that she was s…
BHOLA SINGHversusSTATE OF PUNJAB
2011 INSC 1098 February 2011Appeal(s) allowed
The appellant, Bhola Singh, was a co‑owner of a truck in which police discovered 16 bags of poppy husk. He had given a false residential address at the time of purchasing the vehicle, but there was no evidence that he knew the truck would be used for drug trafficking. He was convicted under Sections 15, 25 and 35 of th…
PARIMALversusVEENA @ BHARTI
2011 INSC 1108 February 2011Appeal(s) allowed
Parimal filed a divorce suit against his wife Veena. The wife repeatedly refused to accept the court's notice, after which the trial court proceeded ex‑parte and granted a decree of divorce. Four years later she applied under Order IX Rule 13 CPC to set aside the decree, alleging improper service, fraud and lack of suf…
HARSHENDRA KUMAR D.versusREBATILATA KOLEY ETC.
2011 INSC 1118 February 2011Appeal(s) allowed
The complainants placed orders with Rifa Healthcare (India) Pvt. Ltd. and issued demand drafts, but the company failed to deliver the goods and later issued 18 cheques that were dishonoured. The complainants filed complaints under Sections 138 and 141 of the Negotiable Instruments Act, implicating the company and one o…
RBF RIG CORPORATION, MUMBAIversusTHE COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI
2011 INSC 1128 February 2011Appeal(s) allowed
RBF Rig Corporation imported rig spares under a contract with ONGC and paid customs duty because it could not obtain Essentiality Certificates required for exemption. The Delhi High Court, exercising its writ jurisdiction under Article 226, directed ONGC to issue recommendatory letters and the DGH to issue the certific…
DATTU S/O NAMDEV THAKURversusSTATE OF MAHARASHTRA AND ORS.
2011 INSC 8377 December 2011Dismissed
The petitioners—a father, Dattu Thakur, and his son and daughter—were issued Scheduled‑Tribe certificates in 2001. In 2009 the Maharashtra Caste Scrutiny Committee cancelled those certificates for failing to prove belonging to the Thakur tribe, and the Bombay High Court upheld the cancellation. The petitioners challeng…
M/S. NAGPUR GOLDEN TRANSPORT COMPANY (REGD.)versusM/S. NATH TRADERS & ORS.
2011 INSC 8387 December 2011Case Partly allowed
The appellant, Nagpur Golden Transport Company, a common carrier, was ordered by the District Consumer Disputes Redressal Forum to pay Rs.3,60,131 to the consignees (Nath Traders & Ors.) for damaged monoblock pumps. The consignees had already paid this amount to the consignor (respondent No.3), who retained the damaged…