Judgments of 2011

The accused formed an unlawful assembly of seventeen persons armed with swords, choppers, knives and iron rods to attack Sobhanan (PW2) and his father Kuttappan, resulting in Kuttappan's death and injuries to others. The trial court convicted all accused under various offences read with Section 149 IPC, and the High Co…

The victim Siri Krishan was shot during a morning walk; the prosecution relied on the brother's report, two alleged eye‑witnesses (PW‑11 and PW‑12), and a widow's statement linking a property dispute to the accused. The appellant Prem Singh and co‑accused were arrested, but the appellant refused to take part in a test …

The Andhra Pradesh government enacted the Mutually Aided Co-operative Societies (Amendment) Act, 2006, which retrospectively excluded dairy‑milk co‑operative societies from the 1995 Act and deemed them to be registered under the 1964 Act, thereby increasing state control. Eight district milk unions challenged the amend…

The Institute of Chartered Accountants of India (ICAI) conducted examinations for chartered accountants and was asked by Shaunak H. Satya, a failed candidate, to disclose the instructions, model answers and related materials given to examiners and moderators under the Right to Information Act, 2005 (RTI). The issues we…

The Kolkata Metropolitan Development Authority and the State of West Bengal sought compensation for three parcels of land (two agricultural and one marsh) acquired under the Land Acquisition Act, 1894. The respondents challenged the award, arguing that the valuation should be based on recent sales of nearby beel plots,…

Saraswati Sugar Mills, a manufacturer of sugar and molasses, fabricated iron‑and‑steel structures in its own factory to support newly installed sugar‑processing machinery and claimed exemption from excise duty under Notification No. 67/95‑CE, which exempts "capital goods" defined in Rule 570 of the Central Excise Rules…

The appellant, a Mandal Development Officer, was charged under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 for demanding a Rs.500 bribe in connection with a loan for a community irrigation well. The complainant alleged that the demand was made on 31‑12‑1993 and reiterated on 6‑1‑19…

After the completion of the Indira Sagar and Omkareshwar dams, the Madhya Pradesh government initiated land acquisition for canal construction under the Land Acquisition Act, 1894. Medha Patkar and other petitioners challenged the acquisition, arguing that the Command Area Development (CAD) plans had not been submitted…

The Supreme Court dismissed the criminal appeal of Budhadev Karmaskar, who was convicted of murdering a sex worker, and suo motu converted the matter into a public interest litigation to address the plight of sex workers nationwide. The Court held that sex workers are human beings entitled to life with dignity under Ar…

The parties entered into a high‑seas sale agreement for 16,943 metric tonnes of South African coal. The seller delivered the whole consignment to a stevedore, who released 9,542.92 tonnes to the buyer, leaving 7,400.082 tonnes in its custody. The buyer failed to pay the balance price, prompting the seller to sue for br…

The appellants, permit‑holders of tourist buses, were fined for loading luggage on the roof of their vehicles and challenged the fines on the ground that Rule 128(9) of the Central Motor Vehicles Rules, 1989 does not expressly forbid such carriage and that the restriction violates their Article 19(1)(g) right to trade.…

The case concerned the intestate estate of Meeralava Rawther, a Muslim who had executed deeds of relinquishment with five of his children (excluding his youngest son, Hassan) in exchange for consideration. After his death, Hassan claimed an oral gift of the entire property, while the other children and the petitioners …

The appellant, Bhanu Pratap, appeared for the 2003 Haryana Civil Services (Judicial Branch) examination for Subordinate Judge and obtained 508 out of 1020 marks (49.8%), falling short of the statutory 50% aggregate requirement. He sought a mandamus directing his appointment, arguing that the shortfall of two marks shou…

The respondent secured 44.93% aggregate marks in the Orissa Judicial Service Main Written Examination, falling short of the 45% threshold prescribed by Rule 24 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007. She filed a writ petition seeking that her marks be rounded up to 45% and that …

The Delhi Development Authority (DDA) sought compensation for land acquired under the Land Acquisition Act, 1894, while the original landowners had filed claims for Rs.4,000 per square yard. During the proceedings the landowners executed assignment deeds transferring their compensation rights to assignees (S.S. Aggarwa…

The wife filed a complaint against her husband under IPC sections 494 and 498A. During trial the husband entered into a settlement promising to take her back despite having taken a second wife. She initially expressed willingness to live with both, but later alleged breach of the settlement and petitioned the trial cou…

In 1997 a police party, led by ACP Satyavir Singh Rathi, mistakenly identified two civilians as a notorious criminal and opened fire on their car, killing both occupants and grievously injuring a third. The father of one victim filed a complaint, leading to a CBI investigation and the conviction of ten police officials…

Prahalad Patel was convicted under Section 302 IPC for murdering Daulat, the brother of two witnesses, after a petty dispute over thrown bushes. The prosecution presented eye‑witness testimony, corroborative statements from the victim's brothers, medical reports indicating homicidal injuries, seizure of the axe, and fo…

The deceased Surender Kumar, a 29‑year‑old villager, was fatally injured when a tempo (HR‑34‑8010) struck him. His widow and three minor children filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal and the High Court rejected the claim because the FIR did not rec…

Mahesh Kumar Sharma, a Rajasthan District Court employee, underwent heart bypass surgery in Delhi and claimed full reimbursement of medical expenses from the State. The State, applying the Rajasthan Civil Services (Medical Attendance) Rules, 1970, reimbursed only Rs. 50,000 as permitted. The High Court, relying on Rule…

Bharat Petroleum Corporation Ltd (BPCL) entered into a Dispensing Pump and Selling Licence (DPSL) agreement with Chembur Service Station, appointing it as a dealer to sell BPCL's petroleum products. After a surprise inspection revealed alleged manipulation of a dispensing unit, BPCL issued a show‑cause notice and subse…

The appellant, U.P. State Textile Corporation Ltd., a defunct organization, had appointed the respondent, Suresh Kumar, as Deputy Manager (Export) for a fixed tenure of three years starting 7 September 1987, with a clause allowing termination on three months' notice without cause. The respondent was terminated on 26 Ap…

Mona Panwar, a Judicial Magistrate, ordered that an application filed under Section 156(3) of the CrPC alleging rape be registered as a complaint and directed the recording of the complainant's statement under Section 200. The Allahabad High Court Single Judge set aside that order, criticizing the magistrate's conduct …

The appellant, owner of two plots of land, challenged the acquisition of his land under the Karnataka Industrial Areas Development Act, 1966, alleging that the land lay outside the Framework Agreement and that the acquisition was invalid because no award was made within two years as required by Section 11A of the Land …

The Bhartia Education Society ran a teacher‑training institute that admitted 160 students in 1999 before obtaining recognition from the National Council for Teacher Education (NCTE). The State Government later granted a one‑time relaxation and the Himachal Pradesh Board conducted examinations for 68 eligible students, …

The respondent, a Judicial Officer, applied for recruitment to the Andhra Pradesh Judicial Service stating his date of birth as 1 July 1949 based on his school certificate, but later obtained a civil decree declaring his birth as 29 March 1953 and used that date at the time of joining service in 1985. He later sought c…

The case concerned Assistant Professors appointed on an emergency basis under Rule 13(5) of the Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1967, who sought to have their emergency service counted for senior/selection grade pay scales. The respondent, Satyavrata Taran, was regularized afte…

The State of Rajasthan appealed the acquittal of Shera Ram @ Vishnu Dutta, who had been found not guilty of murder, offences under Sections 302, 295 and 449 IPC on the ground that he was of unsound mind at the time of the incident. The trial court had convicted him, but the High Court reversed the conviction, accepting…

Durga Charan Rautray, a contractor, completed a dam construction project for the State of Orissa but later claimed additional payments for price escalation, material supply, royalty refund and interest. The parties' contract contained an arbitration clause (clause 23) and the disputes were referred to an arbitral tribu…

The appellant, a Head Constable with 34 years of service, was dismissed after his son and two others were arrested for stealing a car under Section 392 IPC, the car being recovered from the government quarters occupied by the appellant. The disciplinary authority held the appellant guilty of negligence, indiscipline, a…

The appellants were convicted under Section 138 of the Negotiable Instruments Act in a summary trial before a Metropolitan Magistrate. After the magistrate recorded the substance of evidence, he was transferred and his successor proceeded with the trial relying on the recorded evidence, convicting the appellants. The a…

The Supreme Court examined an appeal by Bhilwara Dudh Utpadak Sahakari S. Ltd. against judgments of the Rajasthan High Court that upheld a Labour Court finding that certain workmen were employees of the appellant, not of a contractor. The Labour Court had determined that the workmen were under the appellant's officers'…

Ajit Singh, the appellant, assaulted Laxmi Devi after a quarrel over her cutting fodder in his field, ordering his servant to fetch a spade and then striking her twice on the neck, causing grievous injuries from which she died after four days. The trial court convicted him under Section 302 IPC and sentenced him to lif…

The Bihar State Electricity Board (BSEB) took over Patna Electric Supply Co. Ltd. (PESCO) and was directed by the Supreme Court to pay compensation based on the book value of PESCO's assets under the Indian Electricity Act, 1910. BSEB paid Rs 99.72 lakhs, leaving a balance of Rs 35.74 lakhs, which it paid to the Bank o…

The National Highways Authority of India awarded a highway upgrade contract to SSang Yong Engineering (respondent), which subcontracted the work to Yograj Infrastructure (appellant). After alleged delays, the respondent terminated the subcontract and invoked an arbitration clause that designated Singapore as the seat a…

The appellants, owners of small parcels of land acquired by the Tamil Nadu Government for a housing project, challenged the compensation fixed by the Reference Court after the Madras High Court reduced the market value by applying a 40% deduction for development charges and a further 20% deduction for the small size of…

Vikrambhai Chaudhari, a Postal Assistant, was suspended for refusing to accept money order forms and later censured under the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The Chief Postmaster General invoked Rule 29(1)(vi) and issued a notification on 29 May 2001 directing further disciplina…

The appellant, elected Mayor of a municipal corporation under the Bihar Municipal Act, 2007, nominated seven municipal councillors to the Empowered Standing Committee. The dispute centered on whether the mayor and the committee members could exercise all powers of the mayor, and how Section 27 of the Act should be inte…

Bijivemula Subba Reddy executed a 1920 muffussil will bequeathing all his movable and immovable property to his minor granddaughter Lakshumamma, appointing his son‑in‑law Rami Reddy as executor and guardian. The will contained a defeasance clause: if the daughter Pitchamma and Rami Reddy failed to adopt a son who would…

The exporter, Mis Siddachalam Exports Pvt. Ltd., claimed a duty drawback on garments exported at declared FOB values of Rs. 390‑417 per piece, but the customs authorities alleged the values were inflated and seized the goods. A market valuation report from M/s Skipper International, later retracted, was used by the rev…

GVK Industries Ltd. challenged a tax order that invoked sections 9(1)(i) and 9(1)(vii)(b) of the Income Tax Act, 1961, arguing that the provisions were unconstitutional for lacking a nexus with India. The High Court upheld the tax provision, relying on the ECIL judgment, prompting a Supreme Court reference to a Constit…

The deceased Kamatchi committed suicide by hanging herself four days after being denied the use of a family car, an incident for which her husband and sister‑in‑law were initially charged under Sections 304‑B, 498‑A and 306 IPC. The appellants – the husband’s brothers and mother‑in‑law – were also charged under the sam…

The respondent, a clerk of State Bank of Bikaner & Jaipur, was dismissed after a departmental inquiry found him guilty of allowing a fraudulent withdrawal by an impersonator, constituting gross negligence. He was later acquitted in a criminal trial because the prosecution failed to prove the charges beyond reasonable d…

Rizwanur Rahman married Priyanka Todi under the Special Marriage Act. After the marriage, police officials repeatedly interfered, threatened the couple and later the deceased was found dead on railway tracks. The mother and brother of the deceased filed a writ petition seeking transfer of the investigation from the Sta…

The appellant, a retired Additional Sessions Judge, was criticised by a High Court Single Judge for not framing a charge under Section 302 IPC in a murder trial, instead framing only Section 304 and 323 IPC without recording any reasons. The Supreme Court examined the interplay between Sections 227 and 228 of the CrPC,…

The appellant, Kolla Veera Raghav Rao, had been convicted under Section 138 of the Negotiable Instruments Act, 1881. He was later prosecuted under Section 420 of the Indian Penal Code for the same set of facts. The central issue was whether Section 300(1) of the Criminal Procedure Code, 1973, which bars a person from b…

The appellant B.A. Umesh was convicted of rape, murder and robbery (IPC ss.376, 302, 392) and sentenced to death. The Supreme Court examined the prosecution's case, which relied on a chain of circumstantial evidence, eyewitness testimony, a test identification parade, fingerprint evidence, forensic reports and an extra…