STATE OF PUNJABversusDAVINDER PAL SINGH BHULLAR & ORS. ETC
2011 INSC 8397 December 2011Appeal(s) allowed
The Supreme Court examined whether the Punjab and Haryana High Court could entertain applications under Section 482 of the CrPC and direct a CBI investigation after a criminal appeal had been finally disposed of. It held that once a judgment is signed, the court becomes functus officio and, under Section 362 CrPC, cann…
ALUVA SUGAR AGENCYversusSTATE OF KERALA
2011 INSC 6577 September 2011Appeal(s) allowed
Aluva Sugar Agency sold bakery margarine and argued that it should attract the concessional 4% tax rate under Entry 17A of the Kerala General Sales Tax Act, 1963, on the ground that margarine is an edible oil. The Sales Tax Officer and the Kerala High Court held that margarine fell under Entry 90 of the First Schedule …
COMMNR. OF CENTRAL EXCISE, NOIDAversusMIS. KITPLY INDUSTRIES LTD.
2011 INSC 6587 September 2011Appeal(s) allowed
The Central Excise Department appealed against Kitply Industries Ltd., contending that its laminated particle board and laminated medium density fibre board should be classified under sub‑headings 4406.90/4407.90 of Chapter 44.06/44.07 of the Central Excise Tariff Act, 1985. The respondent argued that the products were…
KUSHAL KUMAR GUPTA AND ANR.versusMALA GUPTA
2011 INSC 6597 September 2011Dismissed
Mala Gupta filed a criminal complaint under Sections 406 and 498A IPC against her parents‑in‑law before the Judicial Magistrate, Patiala. The magistrate issued process, prompting the petitioners to seek a revision and later a quashing of the proceedings under Section 482 CrPC, arguing that the Patiala court lacked juri…
ARSHAD JAMILversusSTATE OF UTIARAKHAND & ORS.
2011 INSC 6607 September 2011Disposed off
Arshad Jamil, a civil judge appointed to a reserved OBC post in Uttarakhand, obtained a caste certificate claiming ordinary residence in Roorkee. Evidence showed he was a permanent resident of Muzaffarnagar, Uttar Pradesh, with electoral rolls, ration card, and bar enrollment supporting this. The Tehsildar cancelled th…
PREM PRAKASH @ LILLU & ANR.versusSTATE OF HARYANA
2011 INSC 4777 July 2011Dismissed
The case involved three accused—Dharambir (D), Prem Prakash (P) and Herchand (H)—charged under IPC sections 366 and 376(2)(g) for kidnapping and gang‑rape of Kumari Sudesh. The trial court convicted all three, a decision affirmed by the High Court. On appeal before the Supreme Court, D's appeal was dismissed in limine …
JAGDISH PRASADversusSTATE OF RAJASTHAN & ORS.
2011 INSC 4717 July 2011Disposed off
The case concerned promotion of Motor Vehicle Inspectors to District Transport Officer (OTO) in Rajasthan. The State had amended the 1979 Rajasthan Transport Service Rules in 1992, deleting the qualifying examination requirement and clubbing vacancies from 1983‑84 to 1993‑94, promoting candidates without merit‑based ex…
NOOR SK. BHAIKANversusSTATE OF MAHARASHTRA & ORS.
2011 INSC 4727 July 2011Dismissed
Noor Sk. Bhaikan, a project‑affected person, was allotted 1.61 hectares of agricultural land under the Resettlement Act, 1965 after his original land was acquired under the Land Acquisition Act, 1897. It later emerged that the land handed over to him was mistakenly taken from a different survey and was not part of the …
OM PRAKASHversusSTATE OF HARYANA
2011 INSC 4737 July 2011Disposed off
Om Prakash was convicted along with co‑accused Jai Prakash for kidnapping and raping a 14‑year‑old girl. The prosecution alleged that after kidnapping the girl, Jai Prakash took her to Om Prakash's house, where the girl was raped while Om Prakash allegedly failed to help her. The Supreme Court examined whether the elem…
STATE OF RAJASTHAN TH. SECY.HOME DEPT.versusABDUL MANNAN & ANR.
2011 INSC 4747 July 2011Appeal(s) allowed
The State of Rajasthan appealed the acquittal of Abdul Mannan, Afzal and Abdul Zabbar for the murder of two persons during a communal riot, where a mob of 50‑60 entered a house and 8‑10 armed assailants inflicted fatal injuries. The trial court convicted them under IPC sections 302/149, 148, 324/149 and 449, but the Hi…
STATE OF DELHIversusRAM AVTAR@ RAMA
2011 INSC 4757 July 2011Dismissed
The State of Delhi alleged that Ram Avtar was carrying heroin after a secret informer tipped off police, who raided him and served a written notice under Section 50 of the NDPS Act. The notice, however, failed to unambiguously inform the accused of his statutory right to be searched before a Gazetted Officer or a Magis…
NAND KISHOREversusSTATE OF MADHYA PRADESH
2011 INSC 4767 July 2011Dismissed
The appellant Nand Kishore was convicted under Section 302 IPC read with Section 34 for the murder of Mahavir, who was killed during a quarrel over money. The prosecution proved that Mahesh Dhimar held the victim's arms, Dinesh Dhimar stabbed him with a knife, and Nand Kishore pelted stones at the victim even after he …
STATE OF MAHARASHTRAversusGORAKSHA AMBAJI ADSUL
2011 INSC 4787 July 2011Dismissed
The State of Maharashtra prosecuted Goraksha Ambaji Adsul for the murder of his father, step‑mother and step‑sister, alleging that he poisoned the family with sedative‑laden sweets and later strangulated them, disposing of the bodies in railway trunks. The trial court convicted him under Sections 302 and 201 IPC and se…
COMMNR., CENTRAL EXCISE , BANGALOREversusM/S. MEYER HEALTH CARE PVT. LTD. & ORS.
2011 INSC 2827 April 2011Appeal(s) allowed
The Central Excise Department had registered a case against Meyer Health Care on 19 September 1998. The respondent later obtained an assignment deed for the relevant trademark on 6 October 1998 and claimed exemption under the Excise Exemption Notification on that basis. The Tribunal held that the assignment deed entitl…
SUBHANKAR BISWASversusSANDEEP META
2011 INSC 2837 April 2011Appeal(s) allowed
A complaint under Section 19 of the Standards of Weights and Measures Act, 1976 alleged violations of Rules 2, 4, 6, 8, 9 and 23 of the Packaged Commodities Rules, but failed to identify the individual(s) responsible for the day‑to‑day affairs of the company. The appellant, then Deputy General Manager, and the company …
MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.
2011 INSC 2807 April 2011Disposed off
The Supreme Court examined the implementation of the High Security Registration Plates (HSRP) scheme introduced under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1989. While earlier judgments upheld the Central Government's power to issue the scheme, many states failed to comply, either by delaying tende…
STATE OF J & K & ANRversusAJAY DOGRA
2011 INSC 2817 April 2011Appeal(s) allowed
The State of Jammu & Kashmir issued advertisements for direct recruitment of Prosecuting Officers, prescribing mandatory physical standards of height (5'6") and chest measurements as per Rule 176 of the Jammu & Kashmir Police Rules, 1960. Applicants who failed to meet these standards were disqualified and filed writ pe…
DEV SHARAN & ORS.versusSTATE OF U.P. & ORS.
2011 INSC 1887 March 2011Appeal(s) allowed
The State of Uttar Pradesh sought to acquire 25.89 hectares of agricultural land in Murchha village for the construction of a district jail, issuing notifications under Sections 4 and 17 of the Land Acquisition Act, 1894 on 21 August 2008 and dispensing with the Section 5A hearing on the ground of urgency. The land‑own…
ARUNA RAMCHANDRA SHANBAUGversusUNION OF INDIA AND OTHERS
2011 INSC 1877 March 2011Dismissed
The petition sought permission to discontinue life‑supporting treatment for Aruna Ramchandra Shanbaug, a 60‑year‑old woman in a persistent vegetative state for 37 years following a violent assault. The Court examined medical evidence, concluding that she was not brain‑dead and retained minimal brain‑stem activity, but …
SUNIL SHARMA & ORS.versusBACHITAR SINGH & ORS
2011 INSC 1047 February 2011Case Partly allowed
The legal heirs of Mrs. Sunita Sharma, who died in a motor accident, appealed the compensation awarded by the Motor Accident Claims Tribunal (MACT) and the High Court. The Supreme Court examined how the deceased’s income should be computed, rejecting deductions for HRA, CCA, EPF, GIS and allowing inclusion of these all…
M/S SBEC SUGAR LIMITED & ANR.versusUNION OF INDIA & ORS.
2011 INSC 1057 February 2011Dismissed
The appellants, a sugar manufacturer, imported capital goods and placed them under customs bond warehousing. Their bond periods expired in December 1996 and January 1997, and an application for extension was rejected. After the Export Promotion Capital Goods (EPCG) Scheme was extended to agro‑industries, the appellants…
KANAIYALAL LALCHAND SACHDEV AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2011 INSC 1067 February 2011Dismissed
The State Bank of India advanced a Rs. 4.5 crore loan to the appellants on an equitable mortgage and, after default, issued a notice under Section 13(2) of the SARFAESI Act. The bank then filed an application under Section 14 before the Chief Metropolitan Magistrate, which ordered possession of the mortgaged property a…
SESA INDUSTRIES LTD.versusKRISHNA H. BAJAJ AND ORS.
2011 INSC 1037 February 2011Appeal(s) allowed
Sesa Industries Ltd. (SIL), a subsidiary of Sesa Goa Ltd. (SGL), sought court sanction for a scheme of amalgamation with SGL. The sole dissenting shareholder, Krishna H. Bajaj, intervened, highlighting an inspection report under s.209A that alleged financial irregularities and siphoning of funds. The High Court’s Singl…
JT. C. I. T., MUMBAIversusM/S ROLTA INDIA LTD.
2011 INSC 187 January 2011Disposed off
Rolta India Ltd. filed a return showing nil total income, but the Assessing Officer levied tax on book profits under Section 115JA and charged interest under Sections 2348 and 234C for default in advance tax. The assessee contended, relying on the Karnataka High Court's Kwality Biscuits decision, that interest could no…
NEW INDIA ASSURANCE COMPANY LTD.versusYADU SAMBHAJI MORE & ORS.
2011 INSC 197 January 2011Dismissed
A petrol tanker collided with a truck on a highway, leaked petrol and, after a four‑hour interval, caught fire and exploded, killing 46 people who had gathered at the site. The victims' heirs filed claims for compensation under Section 110A (fault liability) and for no‑fault compensation under Section 92A of the Motor …
DAYA NANDversusSTATE OF HARYANA
2011 INSC 207 January 2011Disposed off
The appellant Daya Nano was convicted under Sections 376 r.w. and 511 of the IPC for rape and sentenced to five years' rigorous imprisonment. He was 16 years, 5 months and 19 days old at the time of the offence, but the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force after the incident. The…
M/S. UNITED RICELAND LTD.versusSTATE OF HARYANA AND ANR.
2011 INSC 217 January 2011Case Partly allowed
United Riceland Ltd., a dealer engaged in purchasing and dehusking paddy for export, was assessed purchase tax for the assessment year 1990-91 under the Haryana General Sales Tax Act, 1973. The dealer challenged the assessment, arguing that the exemption under Section 9(1)(b) should remain effective until the amendment…
AUTOMOTIVE TYRE MANUFACTURERS ASSOCIATIONversusTHE DESIGNATED AUTHORITY & ORS.
2011 INSC 227 January 2011Case Partly allowed
The Automotive Tyre Manufacturers Association (ATMA) and its members imported Nylon Tyre Cord Fabric and sought relief from an anti‑dumping duty imposed on imports from China under the Customs Tariff Act, 1975. The Designated Authority (DA) investigated, issued provisional duty, and later, after a change of officer, re…
SAJJAN SHARMAversusSTATE OF BIHAR
2011 INSC 247 January 2011Appeal(s) allowed
The appellant, Sajjan Sharma, was convicted under Section 302 IPC for the murder of Narain Kunwar in an alleged unlawful assembly that fired weapons. The FIR and the original Fard‑e‑beyan named five accused, including the appellant's father and brother, but did not name the appellant himself. He was later added in the …
UNNI MENONversusUNION OF INDIA & ORS.
2011 INSC 237 January 2011Dismissed
Unni Menon, an Assistant Accounts Officer on deputation to the Central Administrative Tribunal (CAT), was promoted in his parent department and later absorbed as an Accounts Officer in CAT. He claimed that, under a 1992 Government circular granting a promotional grade to "Organized Accounts Cadres," he was entitled to …
GOVT. OF A. P. & ORS.versusSRI SEVADAS VIDYAMANDIR HIGH SCHOOL & ORS.
2011 INSC 6536 September 2011Dismissed
The Supreme Court examined whether a 20 October 2004 Government Memo that banned filling vacant grant‑in‑aid teaching posts in private aided schools could be applied retrospectively to recruitment processes that had already been initiated with prior permission. The Court held that the Memo was prospective, not retrospe…
SANJAY KUMAR SINGHversusUNION OF INDIA & ORS.
2011 INSC 6546 September 2011Dismissed
Four CRPF personnel survived an ambush on 13 March 1999 in which five members of their escort vehicle were killed. They were charged with disobedience of orders, gross misconduct and cowardice, and a departmental inquiry found them guilty, leading to their dismissal. The appellants challenged the inquiry on grounds of …
AJAY KUMAR DASversusSTATE OF JHARKHAND & ANR.
2011 INSC 6556 September 2011Dismissed
The appellant, Ajay Kumar Das, was charged under IPC 304B (dowry death) read with s.34 for the death of his wife, who was allegedly pushed into a well by her parents‑in‑law after a telephone conversation with the appellant. The FIR implicated the parents‑in‑law and the appellant, and a charge‑sheet was filed. The appel…
BHARAT SANCHAR NIGAM LTD.versusR. SANTHAKUMARI VELUSAMY & ORS.
2011 INSC 6566 September 2011Appeal(s) allowed
The Supreme Court examined whether the Biennial Cadre Review (BCR) scheme of the telecom department, which upgraded the pay scale of the senior 10% of Grade III employees without creating new posts, attracted reservation provisions under Articles 16(4) and 16(4A) of the Constitution. The Court distinguished upgradation…
JAHID SHAIKH & ORS.versusSTATE OF GUJARAT & ANR.
2011 INSC 4636 July 2011Disposed off
The petitioners, accused in the 2008 Ahmedabad‑Surat bomb blast cases, sought transfer of the Sessions trial from Gujarat to another state under Section 406 of the CrPC, alleging bias by police, jail authorities and the judiciary and a hostile communal atmosphere that would deny them a free and fair trial. The State op…
JALPAT RAI & ORS.versusSTATE OF HARYANA
2011 INSC 4646 July 2011Appeal(s) allowed
The case arose from a triple murder and injury incident in Jind, Haryana, where six accused were tried. The trial court convicted only A‑2 under IPC s.302 and the Arms Act, acquitting the other five appellants. The High Court reversed the acquittals, convicting the five under s.148 and s.302 r.w. s.149 IPC. On appeal, …
STATE BANK OF MYSORE AND ORS. ETC.versusM.C. KRISHNAPPA
2011 INSC 4666 July 2011Disposed off
M.C. Krishnappa, an employee of State Bank of Mysore, was found guilty of misappropriating bank funds and was initially removed from service. The disciplinary authority's order was upheld on appeal, but a reviewing authority reduced the punishment to demotion to the clerk cadre with a seven‑year bar on promotion, which…
M/S. GAMMON INDIA LTD.versusCOMMISSIONER OF CUSTOMS, MUMBAI
2011 INSC 4686 July 2011Disposed off
Gammon India Ltd. and Atlanta Infrastructure Ltd. formed a joint venture (Gammon‑Atlanta JV) to bid for a National Highways Authority of India (NHAI) road contract, which was awarded to the JV. Gammon imported a concrete batching plant and claimed exemption from customs duty under Notification No. 17/2001 (Condition 38…
SUBA SINGH & ANR.versusDAVINDER KAUR & ANR.
2011 INSC 4696 July 2011Dismissed
Suba Singh and his son Shingara Singh were convicted of murder and related offences for the killing of Surinder Singh. The widow of the deceased and her minor daughter filed a civil suit under the Fatal Accidents Act, 1855 seeking Rs. 3 lakh as compensation. The trial court awarded the amount with 12% interest, which w…
COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S. DOABA STEEL ROLLING MILLS.
2011 INSC 4706 July 2011
Doaba Steel Rolling Mills, a manufacturer of hot re‑rolled steel, was initially assigned an annual capacity of 7,683.753 MT using the formula in Rule 3(3) of the 1997 Rules, but the Commissioner applied Rule 5 to fix the capacity at 11,961.135 MT based on actual production in 1996‑97. After the mill altered its machine…
LAFARGE UMIAM MINING PVT. LTD. T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.
2011 INSC 4616 July 2011Disposed off
The Supreme Court examined Lafarge Umiam Mining Pvt. Ltd.'s limestone mining project in East Khasi Hills, Meghalaya, where the company had obtained environmental clearance in 2001 based on a certificate stating the land was not forest. Subsequent inspections by forest officials in 2006‑2007 identified forest cover, lea…
CHANDNA IMPEX PVT. LIMITEDversusCOMMISSIONER OF CUSTOMS, NEW DELHI
2011 INSC 4656 July 2011Case Partly allowed
Chandna Impex Pvt. Ltd., an importer of plywood and related products, was alleged to have undervalued imported goods, leading to a show‑cause notice under Section 124 of the Customs Act, confiscation under Section 111, a demand under Section 28AB and a penalty under Section 114A. The appellant appealed the Tribunal’s d…
UNION OF INDIA & ANR.versusARULMOZHI -INIARASU & ORS.
2011 INSC 4626 July 2011Appeal(s) allowed
The respondents, who had worked as part‑time contingent casual labourers in the Central Excise Department for 8‑14 years, sought regularisation and a relaxation of the age limit for recruitment to the post of Sepoy. The Central Administrative Tribunal directed the department to relax the age limit, and the High Court m…
KESAR ENTERPRISES LTD.versusSTATE OF U.P. & ORS.
2011 INSC 4676 July 2011Appeal(s) allowed
Kesar Enterprises Ltd., a handling agent for an export consignment of rectified spirit, was served notice to pay excise duty and interest after one of fifteen tank wagons failed to reach the port. The State argued that penalty could be imposed under Rule 633(7) of the Uttar Pradesh Excise Manual despite the High Court’…
MURUGAN @ SETTUversusSTATE OF TAMIL NADU
2011 INSC 3626 May 2011Dismissed
The appellants Murugan @ Settu (A1) and his accomplices A2 and A3 were convicted for kidnapping, compelling marriage and raping a girl, Shankari (PW‑4). The appellants contended that Shankari was an adult who voluntarily went with A1 and that the birth and school certificates were unreliable. The Supreme Court examined…
S. THILAGAVATHYversusSTATE OF TAMIL NADU AND ORS.
2011 INSC 3636 May 2011Disposed off
The appellant, an Instructor in Grade‑I of the Tamil Nadu Labour Welfare Board, challenged her transfer order and later faced discharge for not reporting for duty. She withdrew a writ petition after receiving an assurance of reinstatement, but was restored only in a Grade‑II post. She subsequently filed another writ pe…
SMT. RASILA S. MEHTAversusCUSTODIAN, NARIMAN BHAVAN, MUMBAI
2011 INSC 3646 May 2011Disposed off
The Supreme Court examined the validity of the notification of Smt. Rasila Mehta and Smt. Rina Mehta under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, which was based on a complaint by Canbank Financial Services Ltd. The Court held that the notification was proper despite the…
PURSHOTTAM VISHANDAS RAHEJA AND ANOTHERversusSHRICHAND VISHANDAS RAHEJA (D) THROUGH LRS. AND OTHERS
2011 INSC 3656 May 2011Appeal(s) allowed
The case involved a dispute between two brothers over a property under development, where the elder brother (the plaintiff) claimed exclusive ownership and sought a mandatory interim injunction to restrain the younger brother and his son from acting as his attorneys, entering the property, and operating related bank ac…
SUSHIL SURIversusC.B.I & ANR.
2011 INSC 3616 May 2011Dismissed
The Supreme Court examined a petition by Sushil Suri, an executive director of Morepen Labs Ltd., who sought to quash a CBI chargesheet under Section 482 of the Cr.P.C. on the ground that the company had repaid the hire‑purchase loan it obtained fraudulently from Punjab & Sind Bank and thus caused no loss. The chargesh…
COMMISSIONER OF TRADE TAX, U.P.versusM/S. KARTOS INTERNATIONAL ETC.
2011 INSC 2746 April 2011Appeal(s) allowed
The appellant, Commissioner of Trade Tax, Uttar Pradesh, challenged the respondent M/s Kartos International's claim that its scientific and biological equipment—such as biosafety cabinets, laminar flow cabinets, fume hoods, and clean room garments—were exempt from trade tax under Notification No. 1166 dated 10‑April‑20…
S.B.IversusHEMANT KUMAR
2011 INSC 2756 April 2011Appeal(s) allowed
The respondent, Hemant Kumar, a cashier‑cum‑clerk of the State Bank of India, was found to have misappropriated funds and was served with a charge‑sheet. He failed to appear at three scheduled dates of the departmental enquiry, sending only an unreceived request for adjournment, and the enquiry officer proceeded ex par…
PRADEEP OIL CORPORATIONversusMUNICIPAL CORPORATION OF DELHI AND ANR.
2011 INSC 2786 April 2011Dismissed
Pradeep Oil Corporation was granted land by the Government under the Government Grants Act to erect petroleum storage tanks and related structures. The Municipal Corporation of Delhi assessed property tax on the tanks, treating them as "buildings". The corporation argued the grant was a lease, making the corporation li…
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD & ANR.versusMIS. PRAKASH DAL MILL & ORS.
2011 INSC 2736 April 2011Dismissed
The Karnataka Industrial Areas Development Board allotted industrial sites to respondents under lease‑cum‑sale agreements that contained a clause allowing the Board to fix the final price "as soon as it may be convenient." After a gap of 13 years the Board issued letters demanding a substantially higher final price, wh…
CHAIRMAN-CUM-M.D., COAL INDIA LTD., & ORS.versusANANTA SAHA & ORS.
2011 INSC 2766 April 2011Disposed off
A Medical Officer employed by Coal India Ltd and posted at its subsidiary Eastern Coalfields Ltd assaulted his senior officer and other staff, leading to disciplinary proceedings that resulted in his dismissal by the subsidiary's CMD. The dismissal was challenged in the Calcutta High Court, which quashed the order and …
UNION OF INDIA AND ANR.versusB. KISHORE
2011 INSC 2776 April 2011Appeal(s) allowed
The respondent's wife, a government employee, died in service, after which he received her death-cum-terminal benefits and applied for a compassionate appointment. The department rejected his application on the ground that he was not indigent, a decision upheld by the Central Administrative Tribunal. The Madras High Co…
AKHIL BHARTIYA UPBHOKTA CONGRESSversusSTATE OF MADHYA PRADESH AND ORS.
2011 INSC 2796 April 2011Appeal(s) allowed
The appellant, a public‑spirit organization, challenged the State of Madhya Pradesh's reservation and allotment of 20 acres of Nazul land to the Shri Kushabhau Thakre Memorial Trust (later respondent No.5) on the ground that the process violated Article 14 of the Constitution. The land was allotted without any public a…
LAXMICHAND @ BALBUTYAversusSTATE OF MAHARASHTRA
2011 INSC 166 January 2011Case Partly allowed
The appellant, Laxmichand, was involved in a quarrel with the deceased, Gyaniram Mahajan, who was intoxicated and refused to leave the appellant's house. The appellant dragged the deceased outside and struck him on the head with a spade, causing injuries that led to death after seven days. The appellant made several ex…
SURENDERA MISHRAversusSTATE OF JHARKHAND
2011 INSC 176 January 2011Dismissed
Surendra Mishra was convicted of murder under Section 302 IPC and for illegal possession of a firearm under Section 27 of the Arms Act after he shot dead Chandrashekhar Choubey. He appealed, claiming that he was of unsound mind at the time of the offence and therefore entitled to the protection of Section 84 IPC. The S…
NARINDER SINGH ARORAversusSTATE (GOVT. OF NCT OF DELHI) AND ORS.
2011 INSC 8335 December 2011Disposed off
The appellant filed a complaint in 1988 leading to an FIR and charges under Sections 498‑A, 304‑B, 34 and 302 of the IPC. The trial was initially assigned to Additional Sessions Judge S.N. Dhingra, who on 25 September 2000 recused himself for personal reasons and the case was transferred to another judge, resulting in …
M/S. INDUSTRIAL PROMOTION AND INVESTMENT CORPORATION OF ORISSA LIMITEDversusM/S. TUOBRO FURGUSON STEELS PRIVATE LIMITED & OTHERS
2011 INSC 8345 December 2011Appeal(s) allowed
The Industrial Promotion and Investment Corporation of Orissa (the appellant) took over a foundry unit under Section 29 of the State Financial Corporation Act, 1951 and advertised it for sale on an "as is where is" basis. The respondents offered Rs.40 lakh, paid a down‑payment of Rs.8 lakh, and took possession of the u…
AKRAM KHANversusSTATE OF WEST BENGAL
2011 INSC 8355 December 2011Dismissed
The appellant, Akram Khan, was one of seven accused who kidnapped a four‑year‑old boy in Kolkata and demanded ransom, threatening to kill the child if the demand was not met. The prosecution proved the kidnapping, detention, and ransom demands through the testimony of the child, his father, a newspaper vendor and a tel…
R.K. MITTAL & ORS.versusSTATE OF UTTAR PRADESH & ORS.
2011 INSC 8365 December 2011Disposed off
The Supreme Court examined whether the New Okhla Industrial Development Authority could allow banks, nursing homes and other commercial activities in plots designated as residential under the Master Plan, lease deeds and the U.P. Industrial Area Development Act, 1976. The appellants had let their residential plot to a …
SAMAR BAHADUR SINGHversusSTATE OF U.P. & ORS.
2011 INSC 6475 September 2011Dismissed
The appellant, a constable in the Provincial Armed Constabulary, was found absent without permission and later forcibly seized a bottle of liquor from a wine shop while under the influence of alcohol. He was charged in a criminal case under Section 392 of the Indian Penal Code, but was acquitted. Separate departmental …
MIG CRICKET CLUBversusABHINAV SAHAKAR EDUCATION SOCIETY AND ORS.
2011 INSC 6485 September 2011Disposed off
The case concerned a dispute over the user of a 7,224‑sq‑yd plot in Mumbai leased to Abhinav Sahakar Education Society for a school, which the Municipal Corporation had originally earmarked as a playground in the draft development plan. The State Government later modified the plan, first by a 1985 notification reservin…
UNION OF INDIA & ORSversusJ.D. SURYAVANSHI
2011 INSC 6495 September 2011Appeal(s) allowed
The Madhya Pradesh High Court, hearing a public‑interest litigation filed by J.D. Suryavanshi, issued a series of interim orders directing the Indian Railways to add coaches, alter train timings and introduce new services on specific routes. The Railways complied with some directions but informed the court that further…
HIGH COURT OF JUDICATURE AT PATNAversusMADAN MOHAN PRASAD & ORS.
2011 INSC 6525 September 2011Disposed off
The respondent, a former Munsif in the Bihar State Judicial Service, was dismissed, reinstated, and later suspended, after which he was posted as an Additional Munsif. He repeatedly sought promotion to higher judicial posts on the basis that his juniors had been promoted between 1971 and 1978, filing numerous writ peti…
MRINAL DAS & ORS.versusTHE STATE OF TRIPURA
2011 INSC 6505 September 2011Dismissed
The case involved the murder of Tapan Chakraborty on 31 August 2000, for which thirteen persons were charged. One accused, Ratan Sukladas (A‑12), applied for and was granted pardon, becoming an approver whose testimony formed the core of the prosecution's case. The trial court convicted only two accused (A‑5 and A‑11) …
THE NATIONAL TEXTILE CORPORATION LTD.versusNARESHKUMAR BADRIKUMAR JAGAD & ORS.
2011 INSC 6515 September 2011Dismissed
The National Textile Corporation Ltd. (NTC) occupied premises that were originally leased to Poddar Mills, a textile undertaking taken over by the Central Government under the Textile Undertakings (Nationalisation) Act, 1995. The owners of the premises filed an eviction suit under the Maharashtra Rent Control Act, 1999…
SEC., U.P.S.C. AND ANR.versusS. KRISHNA CHAITANYA
2011 INSC 5475 August 2011Appeal(s) allowed
The respondent, S. Krishna Chaitanya, claimed he had sent his UPSC Civil Services Examination application by courier but did not receive an acknowledgment card, and therefore sought an interim order directing UPSC to issue an admission certificate and later to declare his result. The Central Administrative Tribunal (CA…
SHAH NAWAJversusSTATE OF U.P. & ANR.
2011 INSC 5485 August 2011Appeal(s) allowed
An FIR was lodged under Sections 302 and 307 IPC against Shah Nawaj. His mother applied to the Juvenile Justice Board claiming he was a minor, relying on his school mark sheet and school leaving certificate showing a birth date of 18‑06‑1989. The Board declared him a juvenile, but the Additional Sessions Judge and the …
JUSTICE P. D. DINAKARANversusHON'BLE JUDGES INQUIRY COMMITTEE & ORS.
2011 INSC 4525 July 2011Dismissed
Justice P.D. Dinakaran, then Chief Justice of the Karnataka High Court, challenged the constitution of an Inquiry Committee set up under the Judges (Inquiry) Act, 1968 to investigate allegations against him. He objected to the inclusion of senior advocate P.P. Rao (respondent No.3) on grounds of bias, citing Rao's part…
ELAVARASANversusSTATE REP. BY INSPECTOR OF POLICE
2011 INSC 4545 July 2011Case Partly allowed
The appellant, a government watchman, assaulted his wife and mother with a sharp weapon and caused the death of his one‑year‑old daughter during a sudden quarrel. He pleaded insanity under Section 84 of the IPC, but the trial and High Courts rejected the plea due to lack of credible medical or behavioural evidence. The…
BAROT VIJAYKUMAR BALAKRISHNA & ORS.versusMODH VINAYKUMAR DASRATHLAL & ORS.
2011 INSC 4555 July 2011Appeal(s) allowed
The Gujarat Public Service Commission (GPSC) recruited Assistant Public Prosecutors under the 2008 Recruitment Rules, which required minimum qualifying marks for both written and viva‑voce tests. The advertisement omitted the viva‑voce cut‑off, and the Commission fixed a 10‑out‑of‑30 minimum mark shortly before the int…
KHANDESH COLLEGE EDUCATION SOCIETY, JALGAON &ANR.versusARJUN HARI NARKHEDE & ORS.
2011 INSC 4565 July 2011Disposed off
The petitioners, Khandesh College Education Society, owned a private aided college where fourteen lecturers/demonstrators (respondents) retired without receiving encashment of their unutilized earned leave. The respondents claimed entitlement to such leave and its encashment under Statutes 424(3) and 424(C) of the Univ…
HIMANI ALLOYS LTD.versusTATA STEEL LTD.
2011 INSC 4575 July 2011Appeal(s) allowed
Tata Steel (respondent) sued Himani Alloys Ltd. (appellant) for recovery of a sum and filed an application for a decree on admission under Order 12 Rule 6, claiming the appellant had admitted liability for Rs 74.57 lakhs in minutes of a meeting dated 9 December 2000. The Calcutta High Court, finding an admission for Rs…
ITC LTD.versusSTATE OF UTTAR PRADESH & ORS.
2011 INSC 4585 July 2011Disposed off
The Supreme Court examined the cancellation of leases and allotments of commercial plots in Noida granted to hotel developers under the Uttar Pradesh Urban Planning and Development Act, 1973 and the Uttar Pradesh Industrial Area Development Act, 1976. It held that a lease governed by a statute can be cancelled only if …
SENIOR INTELLIGENCE OFFICERversusJUGAL KISHORE SAMRA
2011 INSC 4595 July 2011Case Partly allowed
The case arose from a NDPS investigation where Jugal Kishore Samra (respondent) was summoned by the Directorate of Revenue Intelligence for interrogation. He alleged torture and a heart attack during the summons and obtained anticipatory bail. He then sought modification of the bail order to have his lawyer and a cardi…
RAJENDRA PRATAP SINGH YADAVversusSTATE OF U.P. AND OTHERS
2011 INSC 4605 July 2011Disposed off
The case concerned three former Short Service Commissioned Officers who had joined the Indian Army after the period of emergency and were later appointed to the Uttar Pradesh Provincial Police Service. They claimed back‑service seniority and other benefits under the Uttar Pradesh Non‑technical (Class‑II) Services (Rese…
NANDINI SUNDAR AND ORS.versusSTATE OF CHATTISGARH
2011 INSC 4515 July 2011Hearing Adjourned
The Supreme Court examined a public‑interest writ petition filed by civil‑society activists alleging that the State of Chhattisgarh, with the Union's financial support, was employing thousands of barely literate tribal youths as Special Police Officers (SPOs) and arming them to combat Maoist/Naxalite insurgents, thereb…
SPECIAL LAND ACQUISITION OFFICER AND ANR.versusM.K. RAFIQ SAHEB
2011 INSC 4535 July 2011Disposed off
The Special Land Acquisition Officer (SLAO) appealed against the High Court's enhancement of compensation awarded to M.K. Rafiq Saheb for the acquisition of 34 guntas of land. The Supreme Court examined whether the land, though recorded as agricultural, had effectively ceased to be agricultural and could be treated as …
LARSEN AND TOUBRO LTD. & ANR.versusUNION OF INDIA & ORS.
2011 INSC 3545 May 2011Dismissed
The Union of India issued a Request for Proposal for 20 fast patrol vessels, stipulating that bids must be at a firm and fixed price for the contract duration. Larsen & Toubro (Petitioner No.1) submitted the lowest commercial bid but included a foreign‑exchange rate variation clause without specifying the currency, vio…
INCOME TAX OFFICER, JINDversusMIS. MANGAT RAM NORATA RAM NARWANA & ANR.
2011 INSC 3555 May 2011Appeal(s) allowed
The Income Tax Officer appealed the acquittal of a partnership firm and its partner, Hem Raj, who were convicted under Sections 276C(i), 277 and 278 of the Income Tax Act for filing false returns. The firm had filed a revised return for AY 1988-89, which the prosecution alleged was signed and verified by Hem Raj, leadi…
K. BALAKRISHNAN NAMBIARversusSTATE OF KARNATAKA
2011 INSC 3565 May 2011Dismissed
The appellant held a lease of 75 acres of land within the East Aletty Reserved Forest, originally granted in 1949 for areca nut cultivation. The lease expired in 1999-2000 and the appellant sought renewal, but the Karnataka State Government refused, citing the Forest Conservation Act, 1980 and concerns that extending t…
HAFEEZA BIBI & ORS.versusSHAIKH FARID (DEAD) BY LRS. & ORS
2011 INSC 3575 May 2011Appeal(s) allowed
In a partition suit governed by Sunni law, the defendant claimed that his father had gifted him immovable property by a written hiba deed dated 5‑2‑1968 and that the deed, though unregistered, was valid. The trial court held the gift valid, but the High Court set it aside on the ground that an instrument of gift of imm…
STATE OF MAHARASHTRAversusRAVIKANT SHANKARAPPA PATIL & ORS.
2011 INSC 3585 May 2011Dismissed
The State of Maharashtra prosecuted Ravikant Shankarappa Patil and others for alleged intimidation, forced marriage (Nikah) and rape of a student, invoking IPC sections 376, 386, 148, 452/149, 366/149, 342/149, 323/149, 506(2)/149 and Section 25(1)(a) of the Arms Act. The trial court convicted them, but the Bombay High…
SHANKARA CO-OP HOUSING SOCIETY LTD.versusM. PRABHAKAR & ORS.
2011 INSC 3595 May 2011Appeal(s) allowed
The dispute concerned about 90 acres of land in Andhra Pradesh that had been declared evacuee property under the Administration of Evacuee Property Act, 1950 by a notification dated 11‑12‑1952 and later acquired by the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1…
TRISHALA JAIN AND ANR.versusSTATE OF UTTARANCHAL AND ANR.
2011 INSC 3605 May 2011Disposed off
The Supreme Court examined several appeals arising from a common land acquisition notification for a Government Polytechnic in Uttaranchal. It held that the Special Land Acquisition Officer's use of the belting system was improper because the land was uniformly placed and intended for a single purpose, so uniform compe…
LOCAL ADMINISTRATION DEPARTMENT & ANRversusM. SELVANAYAGAM @ KUMARAVELU
2011 INSC 2685 April 2011Appeal(s) allowed
The father, a watchman in Karaikal Municipality, died while in service leaving a widow and two sons. The widow did not seek a compassionate appointment for herself, and the son, who was a minor at the time of death, first applied for a compassionate appointment five years later and again after attaining majority, more …
ASHOK @ DANGRA JAISWALversusSTATE OF M.P.
2011 INSC 2695 April 2011Appeal(s) allowed
The appellant, a cinema hall owner, and his two employees were subjected to personal searches during which police claimed to have recovered heroin (smack powder) from their possession. Samples of the seized powder were sent to the Forensic Science Laboratory, which reported the presence of diacetylmorphine, leading to …
PEPSICO INDIA HOLDINGS LTD.versusCOMMISSIONER OF TRADE TAX, LUCKNOW, U.P.
2011 INSC 2715 April 2011Dismissed
Pepsico India Holdings Ltd., a beverage manufacturer in Uttar Pradesh, challenged the trade tax assessed on a turnover of Rs 8.54 crore arising from rentals of glass bottles and crates for the assessment year 1999‑2000, arguing that such rentals were not taxable under s.3‑F of the U.P. Trade Tax Act. The lower authorit…
BILKIS AND OTHERSversusSTATE OF MAHARASHTRA AND OTHERS
2011 INSC 2725 April 2011Case Partly allowed
The appellants' land was acquired under the Land Acquisition Act, 1894 for a tourism development project, and an award of Rs.300 per acre was initially made. The Reference Court enhanced the compensation to Rs.650 per acre, noting that the land had been converted to non‑agricultural use and had future tourism potential…
REKHAversusSTATE OF T NADU TR.SEC.TO GOVT. & ANR.
2011 INSC 2675 April 2011Appeal(s) allowed
Rekha, the wife of a man accused of selling expired drugs with tampered labels, challenged his preventive detention order under the Tamil Nadu Prevention of Dangerous Activities Act, 1982. The High Court dismissed her habeas corpus petition, but the Supreme Court allowed the appeal, holding that the detention order was…
SHANTA TALWAR & ANR.versusUNION OF INDIA & ORS.
2011 INSC 2705 April 2011Dismissed
The appellants challenged the acquisition of land for the Prem Nagar Metro station, arguing that the Metro Railways (Construction of Works) Act, 1978, being a special law, should exclusively govern such acquisitions and that the Land Acquisition Act, 1894, was impliedly repealed. The respondents contended that the auth…
NARWINDER SINGHversusSTATE OF PUNJAB
2011 INSC 115 January 2011Dismissed
The wife of Narwinder Singh, who was pregnant, committed suicide within four years of marriage. The trial court convicted the husband and his parents under Section 304‑B IPC for dowry death, but the High Court, finding no dowry demand at the time of death, converted the husband's conviction to Section 306 IPC (abetment…
M. NAGESHWAR RAOversusSTATE OF ANDHRA PRADESH
2011 INSC 125 January 2011Appeal(s) allowed
M. Nageshwar Rao was charged with murdering his wife Laxmi Kumari by allegedly mixing cyanide into a Limca bottle and giving it to her. The prosecution relied on a confessional statement, forensic reports indicating cyanide in the victim’s organs and in an empty Limca bottle recovered from the accused’s residence, and …
MANGESHversusSTATE OF MAHARASHTRA
2011 INSC 135 January 2011Disposed off
The appellant, Mangesh, was angry that his sister Sandhya was in a love affair with Prashant, the deceased, and on a night he saw them together he stabbed Prashant three times with a knife. Prashant died three days later. The trial court and the High Court convicted Mangesh under Section 302 of the Indian Penal Code (m…
INDUSTRIAL INVESTMENT BANK OF INDIA LTD.versusM/S JAIN CABLES PVF. LTD. & ORS.
2011 INSC 145 January 2011Appeal(s) allowed
The Industrial Reconstruction Bank of India (IRBI) sanctioned a loan to Jain Cables Ltd., which defaulted. After the Industrial Reconstruction Bank (Transfer of Undertaking and Repeal) Act, 1997 transferred IRBI's undertakings to the Industrial Investment Bank of India Ltd. (IIBL), the latter issued a notice under s.38…
INDO RAMA SYNTHETICS (I) LTD.versusC.L.T., NEW DELHI
2011 INSC 105 January 2011Dismissed
Indo Rama Synthetics (I) Ltd. revalued its fixed assets in FY 2000, creating a revaluation reserve of Rs 288.58 crore. In FY 2001 it transferred Rs 26.11 crore of differential depreciation from that reserve to its profit‑and‑loss account, thereby reducing depreciation expense and showing a profit. The Assessing Officer…
KAILAS & OTHERSversusSTATE OF MAHARASHTRA TR. TALUKA P.S.
2011 INSC 155 January 2011Dismissed
The case concerns Nandabai, a young Bhil woman who was beaten, stripped and paraded in a village after an illicit relationship with a higher‑caste man. The trial court convicted four accused under IPC sections 452, 354, 323, 506(2) read with 34 and under Section 3 of the SC/ST Act; the High Court set aside the SC/ST co…
PRITHIPAL SINGH ETCversusSTATE OF PUNJAB & ANR. ETC.
2011 INSC 7844 November 2011Dismissed
The Supreme Court considered appeals by five police officials convicted for the abduction, illegal detention and murder of human‑rights activist Jaswant Singh Khalra. The trial court and High Court had found the appellants guilty based on the testimony of several witnesses, including an accomplice, despite the absence …
J & K HOUSING BOARD & ANR.versusKUNWAR SANJAY KRISHAN KAUL & ORS.
2011 INSC 7854 November 2011Dismissed
The J&K Housing Board sought to acquire 181 kanals of land for a housing colony, issuing a Section 4 notification in two newspapers but only one in the regional language as required by the Jammu and Kashmir Land Acquisition Act, 1990. The landowners challenged the acquisition, and the High Court quashed the proceedings…
RAFIQ AHMED @ RAFIversusSTATE OF U.P.
2011 INSC 5464 August 2011Dismissed
The appellant Rafiq Ahmed was charged with dacoity with murder under IPC s.396 (and s.201) but was convicted of murder under s.302. He argued that the lack of a specific charge under s.302 deprived him of a fair defence and caused prejudice. The Supreme Court examined the statutory relationship between s.396 and s.302,…
IDEA MOBILE COMMUNICATION LTD.versusC.C.E. & C., COCHIN
2011 INSC 5434 August 2011
Idea Mobile Communication Ltd sold SIM cards to its subscribers and charged both sales tax and service tax on activation. The dispute centered on whether the value of the SIM cards should be taxed as a service under Section 65(105) of the Finance Act, 1994, or as a sale of goods under the Kerala General Sales Tax Act, …
M/S. MILKFOOD PVT. LTD.versusM/S. GMC ICE CREAM (P) LTD.
2011 INSC 5444 August 2011Appeal(s) allowed
The parties entered into a manufacturing agreement that contained an arbitration clause specifying Delhi as the venue and jurisdiction. The respondent sued the appellant in the Munsif Court, Gaya, and the appellant sought a stay of the suit under section 34 of the Arbitration Act, 1940. Subsequent applications were fil…
BAKSHI DEV RAJ & ANR.versusSUDHIR KUMAR
2011 INSC 5454 August 2011Dismissed
The appellants Bakshi Dev Raj & Anr. challenged a decree modified by the High Court in a second appeal, alleging that their counsel settled the matter without a written agreement and that the subsequent review petition was barred because their Special Leave Petition (SLP) had been dismissed as withdrawn. The Supreme Co…
STATE OF GOAversusPRAVEEN ENTERPRISES
2011 INSC 4234 July 2011Appeal(s) allowed
The State of Goa contracted Praveen Enterprises for construction work and included an arbitration clause that referred all disputes to a sole arbitrator appointed by the Chief Engineer, CPWD. After terminating the contract, the contractor filed claims and the State filed counter‑claims; the State failed to appoint an a…
ABHAY SINGH CHAUTALAversusC.B.I
2011 INSC 4484 July 2011Dismissed
The appellants, Abhay Singh Chautala and Ajay Singh Chautala, were tried for offences under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, alleging accumulation of disproportionate assets while serving as Members of Legislative Assembly. No prior sanction under Section 19 of the Act was obtained, and …
STATE OF RAJASTHAN & ANR.versusJ.K. SYNTHETICS LTD. & ANR.
2011 INSC 4214 July 2011Case Partly allowed
The State of Rajasthan raised the royalty on limestone through notifications, prompting lessees to file writ petitions challenging the increase and obtain interim stays that allowed them to pay the lower rate. After the writs were dismissed, the lessees paid the differential royalty but the State demanded interest on t…
SUDAM @ RAHUL KANIRAM JADHAVversusSTATE OF MAHARASHTRA
2011 INSC 4244 July 2011Dismissed
M/S INTERGLOBE AVIATION LTD.versusN. SATCHIDANAND
2011 INSC 4254 July 2011Appeal(s) allowed
The Supreme Court examined a claim by a passenger against Indigo Airlines for compensation due to a prolonged flight delay, alleged deficiency in service, and alleged illegal detention at Hyderabad airport. The Court held that the Permanent Lok Adalat in Hyderabad had jurisdiction to entertain the dispute despite the a…
KHIVRAJ MOTORSversusTHE GUANELLIAN SOCIETY
2011 INSC 4264 July 2011Dismissed
Khivraj Motors entered into a Joint Development Agreement (JDA) with Father A. John Bosco, who signed as President of The Gaunellian Society, and obtained a power of attorney. The Society later resolved that its President lacked authority, claiming the JDA and power of attorney were void, and filed an application under…
THE SECRETARY, SH. A. P. D.JAIN PATHSHALA & ORS.versusSHIVAJI BHAGWAT MORE & ORS.
2011 INSC 4274 July 2011Appeal(s) allowed
The Supreme Court examined the validity of the Grievance Redressal Committee created under Maharashtra's Shikshan Sevak Scheme, which had been reconstituted by the High Court to function as a quasi‑judicial tribunal headed by a retired judge. The petitioners, private schools, challenged the committee's authority to adj…
BHAJAN SINGH @ HARBHAJAN SINGH & ORS.versusSTATE OF HARYANA
2011 INSC 4224 July 2011Dismissed
Six accused, armed with deadly weapons, entered the complainant's house and killed two of his sons while seriously injuring his grandson. The trial court convicted three of them under Sections 302/34 and 307/34 IPC and acquitted the other three, but the High Court convicted all six under Sections 302/149 and 307/149 IP…
BINABAI BHATEversusSTATE OF MADHYA PRADESH AND ORS.
2011 INSC 4294 July 2011Dismissed
The appellant's land was included in a draft development plan under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, for a mela. After objecting, a committee recommended that the land not be required, but the State Government later incorporated the land in the final plan without a hearing. The appellant soug…
SUNIL RAI @ PAUA & ORS.versusUNION TERRITORY, CHANDIGARH
2011 INSC 4304 July 2011Appeal(s) allowed
The three appellants, Sunil Rai (alias Paua), Sher Bahadur (alias Sheru) and Ram Lal, were convicted for the murder of Dile Ram under IPC s.302 read with s.34 based on four alleged circumstances: the deceased being chased, an extra‑judicial confession by Sunil Rai, a blood‑stained jacket recovered from a rickshaw, and …
KRISHAN LAL GERAversusSTATE OF HARYANA & ORS.
2011 INSC 4324 July 2011Appeal(s) allowed
The petitioner filed a public interest litigation alleging that the District Sports Council of Faridabad had granted a 99‑year lease of a portion of Nahar Singh Stadium to the District Cricket Association Club (DCA Club) for a token rent of Re.1 per year, and that the club subsequently sub‑let the premises for commerci…
STATE OF JHARKHAND & ORS.versusASHOK KUMAR DANGI AND OTHERS
2011 INSC 4354 July 2011Appeal(s) allowed
The Supreme Court examined a dispute over the recruitment of primary school teachers in Jharkhand, where candidates holding C.P.Ed./Dip.P.Ed. sought appointment as primary teachers and the High Court had directed that 5% of vacancies be filled by physical‑trained candidates based on Bihar's policy. The Court held that …
HINDUSTAN COCA-COLA BEVERAGE PVT. LTD.versusSANGLI MIRAJ & KUPWAD MUNICIPAL CORPORATION & ORS.
2011 INSC 4364 July 2011Dismissed
Hindustan Coca‑Cola Beverage Pvt. Ltd., a manufacturer of aerated drinks, challenged the octroi levied by Sangli‑Miraj and Kupwad Municipal Corporations on the glass bottles and plastic crates used for packaging its beverages, arguing that the containers are reusable, their cost is amortised into the retail price, and …
NOORUL HUDA MAQBOOL AHMEDversusRAM DEO TYAGI & ORS.
2011 INSC 4384 July 2011Dismissed
During the 1993 Mumbai communal riots, miscreants fired from the rooftop of Suleman Bakery at a police picket. The Joint Commissioner of Police, R.D. Tyagi, led a Special Operations Squad (SOS) that broke open the bakery’s door after the occupants refused to open it, resulting in 12 injuries and eight deaths. An FIR wa…
NATIONAL INSURANCE CO. LTD.versusSHYAM SINGH AND ORS.
2011 INSC 4404 July 2011Appeal(s) allowed
The parents of a 19‑year‑old mechanical fitter who died in a motor accident claimed compensation for loss of dependency. The Motor Accident Claims Tribunal awarded Rs 1,72,000 using a multiplier of 9 based on the average age of the parents (55‑56 years). The High Court enhanced the multiplier to 18, relying on the dece…
SMT. RAMKANYA BAI & ANR.versusJAGDISH & ORS.
2011 INSC 4424 July 2011Appeal(s) allowed
The respondent Jagdish obtained a right of way over the appellants' land under Section 131 of the Madhya Pradesh Land Revenue Code, which the Tahsildar approved. The appellants challenged this by filing a civil suit for a declaration that no easement existed and that the Tahsildar's order was illegal. The trial court d…
CHITIARANJAN DASversusSTATE OF ORISSA
2011 INSC 4434 July 2011Appeal(s) allowed
The appellant, a Deputy Secretary in the Orissa Administrative Service, was found to possess assets disproportionate to his known income. The State Vigilance Department sought sanction for his prosecution under the Prevention of Corruption Act, 1947, but the State Government refused sanction while he was in service. Af…
GOA ANTIBIOTICS & PHARMACEUTICALS LTD.versusR.K. CHAWLA & ANOTHER
2011 INSC 4444 July 2011Disposed off
The Supreme Court considered an application by the Deputy Manager of Goa Antibiotics & Pharmaceuticals Ltd., who held a power of attorney, to appear and argue the case on behalf of the company. The Court examined Sections 29, 32 and 33 of the Advocates Act, 1961, which restrict the right to practice in courts to enroll…
M/S. RAJMAL LAKHICHAND AND ANR.versusCOMMR. CEN. EXC. & CUSTOMS, AURNAGABAD
2011 INSC 4454 July 2011Dismissed
The Directorate of Revenue Intelligence seized about 1,913 kg of silver from the appellants, issuing a show‑cause notice which was later discharged by the adjudicating authority. The Customs, Excise & Gold (Control) Appellate Tribunal ordered confiscation of the entire seized silver, directing confiscation of 194.250 k…
MANGLURAM DEWANGANversusSURENDRA SINGH AND ORS.
2011 INSC 4284 July 2011Case Partly allowed
In a suit for declaration, possession and damages, the sole plaintiff died and the appellant sought to be added as the legal representative under Order 22 Rule 3 of the CPC, claiming entitlement under a will. The trial court rejected the application, found the will unproved and dismissed the suit for lack of a legal he…
ACADEMY OF NUTRITION IMPROVEMENT AND ORS.versusUNION OF INDIA
2011 INSC 4314 July 2011Disposed off
The Academy of Nutrition Improvement and others challenged the constitutionality of Rule 44‑1 of the Prevention of Food Adulteration Rules, 1955, which prohibited the sale of non‑iodised common salt for human consumption. The petitioners argued that the rule violated Articles 14, 19(1)(g) and 21 of the Constitution and…
SWADESI JAGARAN MANCHversusSTATE OF ORISSA & ANR.
2011 INSC 4334 July 2011Hearing Adjourned
The Supreme Court examined the constitutionality of Rule 44 of the Prevention of Food Adulteration Rules, 1955, which bans the sale and manufacture of non‑iodised common salt. Several writ petitions and transfer petitions challenging this rule were consolidated, and the Court allowed the transfer of five pending cases …
RAM JETHMALANI AND ORS.versusUNION OF INDLA AND ORS.
2011 INSC 4344 July 2011Hearing Adjourned
The Supreme Court entertained a writ petition filed by former Union Law Minister Ram Jethmalani and others alleging that large sums of unaccounted money were being held by Indian individuals and entities in foreign banks, notably involving Hassan Ali Khan and the Tapurias, and that the Union of India had been sluggish …
KRISHAN KUMAR MALIKversusSTATE OF HARYANA
2011 INSC 4374 July 2011Appeal(s) allowed
The appellant Krishan Kumar Malik was convicted along with seven others for abduction (s.366 IPC) and gang rape (s.376(2)(g) IPC) based solely on the testimony of the prosecutrix PW‑9. The Supreme Court examined the credibility of her evidence, noting that she failed to name the appellant in the FIR, gave inconsistent …
COMMISSIONER OF CUSTOMS, CALCUTTAversusG. C. JAIN AND ANR.
2011 INSC 4394 July 2011Dismissed
The respondents imported fourteen consignments of Butyl Acrylate Monomer (BAM) and cleared them duty‑free as "adhesives" under advance licences issued under the DEEC scheme. The Commissioner of Customs held that BAM was not an adhesive, invoked the extended period of limitation and demanded customs duty. The Customs, E…
JOSEPH SALVARAJ A.versusSTATE OF GUJARAT & ORS.
2011 INSC 4414 July 2011Appeal(s) allowed
The appellant, Joseph Salvaraj A., was charged under IPC sections 406, 420 and 506(1) for allegedly failing to pay Rs 10 lacs to a cable operator after promising to broadcast his channel "God TV" in Ahmedabad. The complainant, a mediator, lodged an FIR claiming the appellant had breached a contract, but no written agre…
MRS. SARADAMANI KANDAPPANversusMRS. S. RAJALAKSHMI & ORS.
2011 INSC 4464 July 2011Disposed off
The appellant entered into an agreement of sale for immovable property, paying an advance and agreeing to pay the balance in three instalments, with clause 6 expressly making timely payment the essence of the contract. The respondents cancelled the agreement when the appellant failed to pay the second and third instalm…
V. SUMATIBEN MAGANLAL MANANI (DEAD) BY L.R.versusUTTAMCHAND KASHIPRASAD SHAH AND ANR.
2011 INSC 4474 July 2011Appeal(s) allowed
The plaintiff, a landlady, leased a shop to the tenant (defendant No.1) for a grocery business. The tenant allegedly sublet the premises to a milk vendor (defendant No.2) and failed to use the shop for its intended purpose for more than six months before the suit, as shown by electricity bills, a Court Commissioner’s r…
STATE OF ORISSA & ORS.versusBHAGYADHAR DASH
2011 INSC 4494 July 2011Appeal(s) allowed
The State of Orissa entered into construction contracts that contained Clause 10, which dealt with additions, alterations and the execution of non‑tendered items of work, and provided that any dispute over the rate for such work would be finally decided by the Superintending Engineer. Contractors, dissatisfied with the…
RAMESHWARI DEVI & ORS.versusNIRMALA DEVI & ORS.
2011 INSC 4504 July 2011Disposed off
The case arose from a long-running family dispute over a residential property where the appellants repeatedly filed suits and applications for over four decades, causing extensive delay and waste of judicial resources. The Supreme Court examined whether the trial courts should impose actual, realistic costs on parties …
TATA MOTORS LTD.versusTALATHI OF VILLAGE CHIKHALI AND ORS.
2010 INSC 3444 July 2010Dismissed
Tata Motors obtained a 99‑year lease of unalienated land from the Pimpri‑Chinchwad New Town Development Authority (the Development Authority) in 1995 and began industrial use in 1999. The state revenue authority issued demand notices for non‑agricultural cess for the period 1995‑96 to 2001‑02, which Tata Motors challen…
STATE OF U.P. & ORS.versusRAKESH KUMAR KESHARI & ANR.
2011 INSC 3524 May 2011Appeal(s) allowed
The respondents, Rakesh Kumar Keshari and another, were appointed as Assistant District Government Counsel (Criminal) on contract and sought renewal of their terms after the District Judge and District Magistrate recommended it. The Uttar Pradesh State Government instead advertised the posts, later directed the Distric…
DUNLOP INDIA LIMITEDversusA.P. RAHNA AND ANR.
2011 INSC 3534 May 2011Dismissed
The dispute concerned eviction of Dunlop India Limited from premises leased under the Kerala Buildings (Lease and Rent Control) Act, 1965. The landlord alleged that the tenant had ceased to occupy the premises for more than six months without reasonable cause, first from June 1998 and later from September 2001. The ten…
GLODYNE TECHNOSERVE LTD.versusSTATE OF M.P. & ORS.
2011 INSC 2664 April 2011Dismissed
The Government of Madhya Pradesh issued an RFP for a vendor to manage the District Mechanism for the Public Distribution System, requiring bidders to submit a copy of an active ISO 9001:2000 certification with their technical bid. Glodyne Technoserve Ltd., the appellant, possessed a valid current ISO certificate but mi…
K. P. THIMMAPPA GOWDAversusSTATE OF KARNATAKA
2011 INSC 2564 April 2011Appeal(s) allowed
The appellant, K.P. Thimmappa Gowda, was charged under Section 376 IPC for having sexual intercourse with Rathnamma, an 18‑year‑old woman, on a false promise of marriage, resulting in the birth of a child. The FIR was lodged on 4 January 1996, nearly eight months after the alleged acts, and the trial court acquitted th…
MIS. BHARAT STEEL TUBES LTD. ETC.versusIFCI LTD. & ORS.
2011 INSC 2574 April 2011Dismissed
Bharat Steel Tubes Ltd. challenged a Delhi High Court order that held IFCI Ltd. to be a "public financial institution" under Section 4A of the Companies Act, 1956 and therefore entitled to enforce a security interest under the SARFAESI Act, 2002. The petitioner argued that the Central Government no longer held 51% of I…
GANESH (D) BY LRS. & ORS.versusASHOK & ANR.
2011 INSC 2584 April 2011Appeal(s) allowed
The plaintiffs, minor sons of a pre‑deceased son, filed a suit seeking to declare a 1978 decree that transferred agricultural land to other family members null and void, asserting their right to inherit the land as ancestral property. The defendants contended that the land was not ancestral and had been allotted to the…
GURMUKH SINGHversusJASWANT KAUR
2011 INSC 2594 April 2011Dismissed
Gurmukh Singh sued Jaswant Kaur for recovery of Rs.2,31,000, relying on a pronote and receipt dated 2 May 1994 in which the defendant allegedly borrowed Rs.1,50,000 and promised repayment with interest. The defendant denied the documents, claiming they were forged. The trial court, after finding the documents were exec…
SURAZ INDIA TRUSTversusUNION OF INDIA AND ANR.
2011 INSC 2604 April 2011Matter referred to larger bench
The Suraz India Trust, a Rajasthan public trust, filed a writ petition under Article 32 of the Constitution seeking review of two Supreme Court judgments that had affirmed the primacy of the collegium in appointing Supreme Court and High Court judges. The trust contended that those judgments effectively amended Article…
U. SOWRI REDDY (DEAD) BY LRS.versusB. SUSEELAMMA AND ORS.
2011 INSC 2614 April 2011Appeal(s) allowed
The appellant, a judgment debtor, was sued for recovery of principal and interest on a promissory note, resulting in an ex‑parte decree. The plaintiff obtained an execution decree and the appellant's immovable property was sold to satisfy the decree. The appellant applied under Order 21 Rule 90 CPC to set aside the sal…
M/S. KUNJ ALUMINIUM PRIVATE LIMITEDversusM/S. KONINKLIJKE PHILIPS ELECTRONICS NV
2011 INSC 2624 April 2011Appeal(s) allowed
The Supreme Court allowed the appeal filed by Kunj Aluminium Private Ltd against a Division Bench order of the Delhi High Court that dismissed an appeal without providing any reasons. The Division Bench had merely noted that it had heard counsel and found no legal infirmity, rendering the order cryptic. The Court held …
SYED MAQBOOL ALIversusSTATE OF UTTAR PRADESH & ANR.
2011 INSC 2634 April 2011Appeal(s) allowed
The State acquired land in 1982 for a road and paid compensation to certain owners, but the appellant claimed that his plots were taken without any legal acquisition. After a complaint to the Lokayukta was dismissed as time‑barred, he filed a writ petition in 2000 seeking acquisition of the disputed land and compensati…
RUKIA BEGUMversusSTATE OF KARNATAKA
2011 INSC 2654 April 2011Disposed off
The case involved the murder of Rasheed Sait and his wife, for which eight persons were tried under Sections 302, 201 read with Section 34 and Section 120‑B of the IPC. The trial court acquitted Rukia Begum and Nasreen, finding that motive, a bucket and a plastic pot did not sufficiently link them to the crime, while c…
CHANDRAN @ MANICHAN @ MANIYANversusSTATE OF KERALA
2011 INSC 2644 April 2011Disposed off
The case involved a massive spurious liquor tragedy in Kerala where 31 people died and many were injured after consuming liquor adulterated with methyl alcohol. The accused, a group of brothers and their associates, were charged under the Abkari Act, particularly Section 57A, for mixing or permitting the mixing of a no…
PESARA PUSHPAMALA REDDYversusG. VEERA SWAMY AND ORS.
2011 INSC 1814 March 2011Appeal(s) allowed
The Supreme Court examined two procedural questions under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982: whether a Special Tribunal or Special Court must obtain a report from the Mandal Revenue Officer before taking cognizance of a land‑grabbing case, and whether they must publish a notice of cognizance in t…
K.K. BASKARANversusSTATE REP. BY ITS SECRETARY, TAMIL NADU & ORS.
2011 INSC 1834 March 2011Dismissed
The petitioners challenged the constitutional validity of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 (as amended in 2003), arguing that it encroached upon Union legislative competence (entries 43‑45 of List I) and violated Articles 14, 19(1)(g) and 21 of the Constitutio…
M/S HYDERABAD ENGINEERING INDUSTRIESversusSTATE OF ANDHRA PRADESH
2011 INSC 1844 March 2011Dismissed
The appellant, M/s Hyderabad Engineering Industries, claimed exemption from Central Sales Tax on goods moved from its Hyderabad factory to its out‑of‑state godowns, arguing that the transfers were merely stock movements between branches and not inter‑State sales. The State of Andhra Pradesh contended that the movement …
SANT SINGHversusSUKHDEV SINGH AND ORS.
2011 INSC 1864 March 2011Appeal(s) allowed
Sant Singh, a 48‑year‑old work‑munshi, was injured as a pillion rider when a four‑wheeler collided with his scooter, fracturing both legs. He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking Rs 5 lakh and 24% interest. The Motor Accident Claims Tribunal awarded Rs 1,47,209 with 7.5% int…
UNION OF INDIA AND ORS.versusVARTAK LABOUR UNION
2011 INSC 1824 March 2011Appeal(s) allowed
The Vartak Labour Union, representing casual workers of the Border Roads Organisation (BRO), sought a writ directing the Union of India to regularise its members who had worked for up to forty years. The Gauhati High Court, relying on a 2001 Office Memo, ordered regularisation, which was later modified and upheld by a …
H. SIDDIQUI (DEAD) BY LRS.versusA. RAMALINGAM
2011 INSC 1854 March 2011Disposed off
The appellant filed a suit for specific performance of a registered agreement to sell a one‑third share of a property, alleging that the respondent’s brother, acting under a power of attorney, had entered into the sale. The respondent denied ever executing a power of attorney authorising his brother to alienate the pro…
TAMIL NADU HOUSING BOARDversusTHE SERVICE SOCIETY & ANR.
2011 INSC 1804 March 2011Appeal(s) allowed
The Tamil Nadu Housing Board (the Board) acquired land for a low‑income‑group (LIG) housing scheme and, in 1976, allotted houses to members of a service society at a tentative price of Rs.18,000. The lease‑cum‑sale agreement allowed the Board to fix the final price based on land acquisition cost, development charges an…
NARINDER KAURversusPUNJAB & HARYANA HIGH COURT & ORS.
2011 INSC 1004 February 2011Disposed off
Narinder Kaur, a Civil Judge, applied within two years of her entry into government service to correct her date of birth from 26‑01‑1971 to 09‑01‑1972, citing the Punjab Financial Volume I (Haryana First Amendment) Rules, 2001 which allow correction upon a special inquiry. The High Court rejected her application, alleg…
KILAKKATHA PARAMBATH SASI & ORS.versusSTATE OF KERALA
2011 INSC 1014 February 2011Dismissed
The appellants, members of the Bharatiya Janata Party, were alleged to have formed an unlawful assembly and attacked a Congress worker (PW‑1) and his brother on a bus, resulting in the brother's death. The trial court acquitted all seven accused, but the Kerala High Court reversed the acquittal of four appellants, conv…
CHAIRMAN AND M.D. INDIAN OVERSEAS BANK & ORS.versusTRIBHUWAN NATH SRIVASTAVA
2011 INSC 1024 February 2011Appeal(s) allowed
The respondent, a permanent employee of Indian Overseas Bank, applied for voluntary retirement under the bank's 2000 VRS scheme. The bank rejected his application citing business and administrative exigencies. The High Court held the rejection arbitrary, directed reconsideration, and later ordered the bank to accept th…
HIMANSHU @ CHINTUversusSTATE OF NCT OF DELHI
2011 INSC 74 January 2011Dismissed
The case concerns the murder of Murari, for which Himanshu @ Chintu (A‑2) and Shesh Bahadur Pandey (A‑3) were convicted under Section 302 read with Section 34 of the IPC. The appellants challenged the conviction on three grounds: (i) the FIR was lodged two hours after the incident, allegedly to falsely implicate them; …
EXECUTIVE ENGINEER KARNATAKA HOUSING BOARDversusLAND ACQUISITION OFFICER, GADAG & ORS.
2011 INSC 84 January 2011Case Partly allowed
The Karnataka Housing Board acquired 127 acres of land in Gadag-Betegeri for a housing project and awarded compensation of Rs.45,000 per acre. The landowners challenged the award, and the Reference Court fixed compensation at Rs.2,17,372 per acre based on an auction sale of a nearby 329 sq.m plot (Ex. P‑2). The High Co…
SECRETARY/GENERAL MANAGER CHENNAI CENTRAL COOPERATIVE BANK LTD. & ANR.versusS. KAMALAVENI SUNDARAM
2011 INSC 94 January 2011Case Partly allowed
The landlady sued the tenant for arrears of rent and claimed 18% interest. The plaint was returned for defects on 20‑Jan‑2000 and was not re‑presented until 20‑July‑2005, a delay of five years and six months. The trial court awarded 6% interest for the periods 9‑Sept‑1998 to 21‑Jan‑2000 and from 21‑July‑2005 to payment…
SHANKER RAJUversusUNION OF INDIA
2011 INSC 64 January 2011Dismissed
Shanker Raju, a Judicial Member of the Central Administrative Tribunal, completed two five‑year terms (total ten years) and applied for a fresh vacancy in April 2010. The Union of India rejected his application, stating that he would complete his second term on 9 December 2010 and was therefore ineligible for re‑appoin…
UNION OF INDIA AND ORS.versusM/S NITDIP TEXTILE PROCESSORS PVT. LTD. AND ANOTHER
2011 INSC 7823 November 2011Appeal(s) allowed
The respondents, manufacturers of textile fabrics, were found to have cleared goods without paying excise duty and were served a show‑cause notice on 6 January 1999. They sought relief under the Kar Vivad Samadhan Scheme, 1998, which allowed settlement of tax arrears quantified or notified on or before 31 March 1998, b…
CHIEF GENERAL MANAGER, CALCUTTA TELEPHONES DISTRICT, BHARAT SANCHAR NIGAM LIMITED AND ORS.versusSURENDRA NATH PANDEY AND ORS.
2011 INSC 7813 November 2011Appeal(s) allowed
The respondents, employees of Bharat Sanchar Nigam Limited, appeared for a departmental promotion exam but their results were not declared because a committee found that they had engaged in mass copying from an unauthorised guide book. They sought disclosure of their marks and regular promotion, but the department canc…
POONAM & OTHERSversusHARISH KUMAR AND ANOTHER
2011 INSC 7833 November 2011Appeal(s) allowed
The sisters Poonam, et al., filed a civil suit for declaration of title and injunction against their brother, which was dismissed by the trial court. They appealed the decree but filed the appeal 63 days late, seeking condonation of delay, citing illness of one sister and negligence of counsel. The District Judge and s…
VIJAY KUMARversusSTATE OF U.P. AND ORS.
2011 INSC 5423 August 2011Disposed off
Vijay Kumar, the father of Ruchi Saxena, filed a complaint alleging that officials of the Nagar Palika demanded a bribe to settle a land dispute. Two officials were arrested and tried under the Prevention of Corruption Act, 1988. The accused sought to summon Ruchi Saxena as a court witness under Section 311 of the Code…
DEVENDRA SINGH & ORS.versusSTATE OF U.P. & ORS.
2011 INSC 5413 August 2011
The appellants owned land that the Uttar Pradesh government sought to acquire for the construction of a district jail. The State invoked Sections 17(1) and 17(4) of the Land Acquisition Act, 1894 to dispense with the hearing provision of Section 5‑A, claiming urgency. The High Court upheld the State's action, but the S…
THE JOINT ACTION COMMITIEE OF AIRLINES PILOTS ASSOCIATIONS OF INDIA & ORS.versusTHE DIRECTOR GENERAL OF CIVIL AVIATION & ORS.
2011 INSC 3483 May 2011Dismissed
The Joint Action Committees of the Airlines Pilots Association of India challenged a circular issued by the Director General of Civil Aviation (DGCA) that kept the Civil Aviation Requirements (CAR) 2007 in abeyance and revived Aeronautical Information Circular (AIC) 28/92. The appellants argued that the DGCA lacked aut…
BHAIYAMIYAN @ JARDAR KHAN & ANR.versusSTATE OF MADHYA PRADESH
2011 INSC 3493 May 2011Appeal(s) allowed
The accused were charged with gang rape under IPC s.376(2)(g) after the prosecutrix alleged that she was assaulted on 30 August 1984. The FIR was lodged 60 hours later at a police station 22 km from the crime scene, and the victim insisted on a medical examination at a hospital 55 km away, where no injuries were found.…
DILJIT SINGH BEDIversusSHIROMANI GURUDWARA PRABHANDHAK COMMITTEE, SRI AMRITSAR
2011 INSC 3503 May 2011Appeal(s) allowed
The appellant, an Assistant Secretary of the Shiromani Gurdwara Prabandhak Committee (SGPC), was photographed with a woman, which he claimed was his wife. A Sub‑Committee inquiry accepted his explanation and recommended reinstatement, and the SGPC Executive Committee resolved to reinstate him. The appellant then tender…
SHAJI AND ORS.versusSTATE OF KERALA
2011 INSC 3513 May 2011Disposed off
Six persons formed an unlawful assembly and attacked Usman, with A‑1 (Shaji) delivering fatal head injuries using a chopper. A‑5 and A‑6 were acquitted, while A‑1 to A‑4 were convicted under Section 302 read with Section 149 of the IPC and sentenced to life imprisonment. On appeal, the Supreme Court examined whether th…
MILIND SHRIPAD CHANDURKARversusKALIM M. KHAN & ANR.
2011 INSC 1773 March 2011Dismissed
The appellant, claiming to be the sole proprietor of Vijaya Automobiles, filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent who issued a cheque in the name of the firm that later bounced. The trial court and appellate court convicted the respondent, but the High Court set aside…
OMNIA TECHNOLOGIES P. LTD.versusW.M.A. VAN LOOSBROEK
2011 INSC 1793 March 2011Case Allowed
Omnia Technologies Ltd. entered into a marketing agreement with Dutch citizen W.M.A. Van Loosbroek on 14 January 2008, which was terminated by a separate termination agreement on 29 February 2008. Omnia alleged that Van Loosbroek failed to fulfil post‑termination obligations under Clause 13 of the original agreement an…
MIS. KUMAON SEEDS COPRN. & ORS.versusKRISHI UTPADAN MANDI SAMITI, KASHIPUR & ORS.
2011 INSC 1783 March 2011Disposed off
Kumaon Seeds Corp. and others, dealers in certified seeds, were served with show‑cause notices by the Krishi Utpadan Mandi Committee seeking to levy a market fee under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. The dealers filed suits challenging the notices; the High Court dismissed the suits, upheld the …
T.V. VENUGOPALversusUSHODAYA ENTERPRISES LTD. AND ANR.
2011 INSC 1763 March 2011Disposed off
The appellant, a Karnataka‑based incense‑stick manufacturer, adopted the mark "Eenadu" for its products and sold them in Andhra Pradesh. The respondent, a prominent Telugu newspaper and media group, claimed that the mark had acquired extraordinary reputation and goodwill in the state and that the appellant’s use amount…
CENTRE FOR PIL & ANR.versusUNION OF INDIA & ANR.
2011 INSC 1753 March 2011Case Allowed
The Supreme Court examined the legality of Shri P.J. Thomas's appointment as Central Vigilance Commissioner under Section 4(1) of the Central Vigilance Commission Act, 2003, which was based on a recommendation by the High Powered Committee (HPC). The Court found that the HPC failed to consider material indicating pendi…
NACHHATTAR SINGH & ORS.versusSTATE OF PUNJAB
2011 INSC 953 February 2011Appeal(s) allowed
Balbir Kaur, a married woman, was found dead from poisoning. The prosecution alleged that her husband and parents-in-law demanded dowry and subjected her to cruelty, leading to her suicide. The trial court convicted the parents-in-law under Section 3048 (dowry death); the High Court acquitted them of that charge but co…
JAGGA SINGH AND ANR.versusSTATE OF PUNJAB
2011 INSC 963 February 2011Disposed off
The case involved three accused who shot Baggar Singh, injuring his leg, and subsequently abducted Hoshiar Singh, whose body was found the next morning with only lacerated wounds and no gunshot injury. The trial court convicted them under Section 307 IPC, while the High Court upheld a conviction for murder under Sectio…
GIAN KAURversusRAGHUBIR SINGH
2011 INSC 973 February 2011Appeal(s) allowed
The appellant, Gian Kaur, filed a suit seeking a declaration of ownership of 16 kanals of land, along with a consequential permanent injunction and an alternative prayer for possession. The trial court and first appellate court decreed the suit, but the Punjab and Haryana High Court reversed, holding that a suit solely…
JOYDEEP MUKHARJEEversusSTATE OF WEST BENGAL & ORS.
2011 INSC 943 February 2011Dismissed
The petitioner, Joydeep Mukharjee, filed a public interest litigation challenging the allotment of government lands in Salt Lake City, Kolkata, alleging that the Chief Minister's use of a discretionary quota was arbitrary, illegal, and violated the Master Plan as well as Articles 14 and 21 of the Constitution. The matt…
ARUP BHUYANversusSTATE OF ASSAM
2011 INSC 983 February 2011Appeal(s) allowed
Arup Bhuyan was convicted under Section 3(5) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged membership in the banned outfit ULFA, based solely on a confession he allegedly gave to the Superintendent of Police. The Supreme Court examined whether such a confession, inadmissible under Secti…
INDIAN OIL CORPORATION LTD.versusM/S. SPS ENGINEERING LTD.
2011 INSC 993 February 2011Appeal(s) allowed
The Indian Oil Corporation (IOCL) terminated a contract with SPS Engineering for delayed work and later incurred extra costs to complete the work through an alternative agency. IOCL filed a Section 11 application under the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to decide its claim f…
JAGAT SINGHversusSTATE OF H. P.
2011 INSC 13 January 2011Case Partly allowed
Jagat Singh (A‑1) and three others were involved in a land‑dispute altercation that escalated into a free fight during which the deceased, Bachittar Singh, was stabbed and later died. The trial court acquitted all accused, but the High Court convicted A‑1 under Sections 302 and 307 IPC read with Section 34, sentencing …
BRIJ MOHAN & ORS.versusHARYANA URBAN DEVELOPMENT AUTHORITY & ANR.
2011 INSC 23 January 2011Case Partly allowed
The appellants' lands were acquired under the Land Acquisition Act, 1894 for the development of a city and HUDA formulated a scheme to allot plots to the land losers at "normal allotment rates". The appellants applied for allotment in 1990 and were later allotted plots, but HUDA charged them the revised 1993 rate inste…
S. GANESANversusRAMA RAGHURAMAN & .ORS
2011 INSC 33 January 2011Appeal(s) allowed
The appellant, father of the deceased G. Arulmozhi, challenged the acquittal of a married couple (Rama Raghuraman and her husband) by the Andhra Pradesh High Court. The trial court had convicted them under Section 302 read with Section 120‑B IPC for murder, based on circumstantial evidence that the victim died from ham…
RANBIR SINGHversusTHE EXECUTIVE ENGINEER
2011 INSC 43 January 2011Appeal(s) allowed
The appellant, a daily‑wage workman, was terminated in 1999 after being implicated in a criminal case, later acquitted, and filed an industrial dispute alleging violation of Section 25(f) of the Industrial Disputes Act, 1947. The Labour Court ordered his reinstatement with 50% back wages. The State of Haryana filed a w…
STATE OF KERALAversusRANEEF
2011 INSC 53 January 2011Dismissed
The State of Kerala appealed a Kerala High Court order granting bail to Dr. Raneef, a dental surgeon accused of aiding assailants who assaulted a college professor and severed his right palm. The prosecution alleged that Dr. Raneef, a member of the Popular Front of India (PFI), had pre‑arranged to provide medical treat…
ASHISH CHADHAversusSMT. ASHA KUMARI & ANR.
2011 INSC 8322 December 2011Disposed off
A complaint alleged that a former MLA and her husband conspired to illegally obtain government land using forged documents. The Special Judge framed charges, which the High Court set aside, quashed the charges against all accused, and transferred the case to another court, claiming the accused were denied a fair trial …
SURESH DHANUKAversusSUNLTA MOHAPATRA
2011 INSC 8312 December 2011Appeal(s) allowed
The appellant, Suresh Dhanuka, and respondent, Sunita Mahapatra, entered into a joint‑venture and a deed of assignment whereby the respondent assigned 50% of her rights in the trademark "Naturoma Herbal" to the appellant, with a covenant that the mark be marketed solely by the appellant and that neither party could use…
RAMJI VEERJI PATEL & ORS.versusREVENUE DIVISIONAL OFFICER & ORS.
2011 INSC 7802 November 2011Dismissed
The appellants owned 1.45 acres of land on which they had raised the level, built a structure and operated a saw‑mill that was their sole livelihood. The Tamil Nadu Government, acting on a requisition by Cholan Roadways Corporation Ltd., issued a notification under Section 4(1) of the Land Acquisition Act, 1894 and lat…
STATE OF RAJASTHANversusARJUN SINGH & ORS. ETC
2011 INSC 6432 September 2011Dismissed
The case involved the murder of two brothers and the attempted murder of a third during a gun‑fire incident in Rajasthan. The trial court convicted nine accused under sections 302/149 and 307/149 IPC, but the High Court acquitted six and altered the conviction of three to sections 302/34 and 307/34 IPC. The Supreme Cou…
BHUSHAN KUMAR MEENversusSTATE OF PUNJAB AND ORS.
2011 INSC 6332 September 2011Appeal(s) allowed
The appellant, Bhushan Kumar Meen, was married to the respondent No.2 in 2004. After periods of discord, the wife filed a complaint in 2006 alleging dowry demand and cruelty, leading to an FIR under Sections 406 and 498‑A IPC. The Women's Cell’s inquiry found no evidence of dowry demand and deemed the dispute civil, bu…
ARUN KUMAR AGGARWALversusSTATE OF MADHYA PRADESH AND ORS.
2011 INSC 6442 September 2011Appeal(s) allowed
The appellant complained to the Lokayukta that three government officials had caused a loss of Rs.4 crore to the State of Madhya Pradesh by purchasing land at inflated prices. The Lokayukta police investigated, exonerated the officials and filed a closure report under Section 169 of the Cr.P.C. before the Special Judge…
STATE OF U.P.versusALOK VERMA
2011 INSC 6362 September 2011Disposed off
The State of Uttar Pradesh appealed against the Allahabad High Court’s reduction of a death sentence to life imprisonment for Alok Verma, who brutally murdered his wife and four children with a knife and axe, aided by a hired accomplice. The trial court had imposed death based on compelling circumstantial evidence and …
SRI CHANDU KHAMARUversusSMT. NAYAN MALIK & ORS.
2011 INSC 6372 September 2011Appeal(s) allowed
The appellant, owner of a house on Dag No. 408, sought electricity supply from the Calcutta Electricity Board, which was initially granted but later disconnected after respondents claimed the supply line passed through their land (Dag Nos. 406, 407, 409). The respondents filed a writ petition seeking a prohibition on u…
PIRTHIversusMOHAN SINGH & ORS.
2011 INSC 6382 September 2011Dismissed
The appellant, Pirthi, filed a suit for possession by way of pre-emption as a co‑sharer of agricultural land, before the Punjab Pre‑emption Act, 1913 was amended. While the suit was pending, the Haryana Amendment Act 10 of 1995 substituted Section 15, restricting the right of pre‑emption to tenants and removing it from…
STATE OF PUNJABversusCENTRAL BUREAU OF INVESTIGATION & ORS.
2011 INSC 6392 September 2011Dismissed
The State of Punjab appealed against a Punjab and Haryana High Court order that directed the Central Bureau of Investigation (CBI) to take over fresh investigation of several FIRs, including one for which a charge‑sheet had already been filed under Section 173(2) of the Cr.P.C. The petition raised the question whether …
THOTA VENKATESWARLUversusSTATE OF A.P. TR. PRINCL. SEC. & ANR.
2011 INSC 6342 September 2011Disposed off
The petitioner, Thota Venkateswarlu, married Parvathareddy Suneetha in India and later moved with her to Botswana, where she alleged cruelty and dowry demands. A complaint was lodged in India invoking IPC sections 498‑A and 506 (alleged to have occurred abroad) and Dowry Prohibition Act sections 3 and 4 (alleged to hav…
CHANDIGARH ADMININISTRATION THROUGH THE DIRECTOR PUBLIC INSTRUCTIONS (COLLEGES), CHANDIGARH'versusCHANDIGARH EDUCATIONAL SERVICE (GROUP GAZETTED) GOVERNMENT ARTS AND SCIENCE
2011 INSC 6422 September 2011Appeal(s) allowed
The Chandigarh Administration framed the "Chandigarh Educational Service (Group A Gazetted) Government Arts and Science College Rules, 2000" which required a Ph.D. for direct recruitment of college principals and sent them to the President for notification. While the rules were pending, it advertised a principal vacanc…