PURUSHOTTAM DAS BANGUR & ORS.versusDAYANAND GUPTA
2012 INSC 50031 October 2012Appeal(s) allowed
The landlords, trustees of a trust, sued the tenant for eviction under Section 13(1)(b) of the West Bengal Premises Tenancy Act, 1956, alleging that the tenant had erected a permanent structure without the landlord's consent by replacing a tin‑sheet roof with a concrete slab and constructing a brick passage. The trial …
MOHD. HUSSAIN @ JULFIKAR ALIversusTHE STATE (GOVT. OF NCT) DELHI
2012 INSC 36631 August 2012Reference answered
Mohd. Hussain @ Julfikar Ali was convicted and sentenced to death for planting a bomb on a public bus in 1997, causing four deaths and twenty‑four injuries. The trial court denied him the assistance of counsel, violating his right to legal aid and due process. The Delhi High Court upheld the conviction, but the Supreme…
SAHARA INDIA REAL ESTATE CORPORATION LIMITED & ORS.versusSECURITIES AND EXCHANGE BOARD OF INDIA & ANR.
2012 INSC 36731 August 2012Dismissed
The Supreme Court dismissed appeals by Sahara India Real Estate Corporation Ltd. and Sahara Housing Investment Corporation Ltd. against SEBI's order to refund over Rs. 17,400 crores collected through Optionally Fully Convertible Debentures (OFCDs). The Court held that the OFCDs were public issues, not private placement…
M.C. GUPTAversusCENTRAL BUREAU OF INVESTIGATION, DEHRADUN
2012 INSC 36831 August 2012Disposed off
The appellants, M.C. Gupta and Mohan Lal Gupta, were convicted for misappropriating company funds by issuing a bank draft in 1988, an offence that occurred before the Prevention of Corruption Act, 1988 came into force. An FIR was lodged in 1990 under the repealed Prevention of Corruption Act, 1947, and the trial court …
STATE OF N.C.T. OF DELHIversusAJAY KUMAR TYAGI
2012 INSC 36531 August 2012Appeal(s) allowed
The State of NCT of Delhi and Ajay Kumar Tyagi were simultaneously facing criminal prosecution under Sections 7 and 13 of the Prevention of Corruption Act and a departmental inquiry for the same alleged bribe. The departmental enquiry officer found the charge not proved, but the disciplinary authority had not yet rende…
LAVESHversusSTATE (NCT OF DELHI)
2012 INSC 36931 August 2012Dismissed
The appellant, Lavesh, elder brother of the husband of a woman who allegedly committed suicide due to dowry harassment, was declared a proclaimed offender under Section 82 of the Criminal Procedure Code after failing to cooperate with the investigation. He sought anticipatory bail under Section 438 of the CrPC, but his…
THE ORIENTAL INSURANCE CO. LTD.versusSIBY GEORGE & ORS.
2012 INSC 31131 July 2012Dismissed
The Oriental Insurance Company appealed against the Commissioner for Workmen's Compensation’s order directing it to pay simple interest at 12% per annum from the date of the accident (12 July 2006) on a compensation claim. The issue before the Supreme Court was when compensation under the Workmen's Compensation Act, 19…
KRISHNAPPA & ORS.versusSTATE OF KARNATAKA BY BABALESHWARA POLICE STATION
2012 INSC 31031 July 2012Dismissed
The deceased Bhimappa Biradar was attacked and murdered by a group of armed men who had a long-standing feud with his family. The trial court convicted three accused (A13, A14, A17) under Section 302 read with Section 149 IPC and acquitted four others (A1, A15, A16, A21) who were alleged to have only dragged the victim…
SYED AHMEDversusSTATE OF KARNATAKA
2012 INSC 31231 July 2012Dismissed
The appellant, a police officer, was alleged to have demanded and accepted illegal gratification from Nagaraja (PW1) in exchange for inquiring into a complaint. The prosecution presented testimony of Nagaraja and two independent trap witnesses, corroborating the transaction of tainted currency notes, while the trial co…
JOSHNA GOUDAversusBRUNDABAN GOUDA & ANR.
2012 INSC 5831 January 2012Appeal(s) allowed
In the 2007 election for Sarpanch of Kulagada Gram Panchayat, the appellant Joshna Gouda was declared elected. The respondent Brundaban Gouda filed an election petition under Sections 31 and 34 of the Orissa Gram Panchayat Act, 1964, alleging that the appellant was ineligible because she had not attained the age of 21,…
JEEVAN CHANDRABHAN IDNANI & ANR.versusDIVISIONAL COMMISSIONER, KONKAN BHAVAN & ORS.
2012 INSC 5631 January 2012Appeal(s) allowed
The case concerned the formation of a post‑poll "aghadi" (front) by councillors of the Ulhasnagar Municipal Corporation after municipal elections. The petitioners argued that the second proviso to sub‑section (2) of Section 31A of the Bombay Provincial Municipal Corporation Act, 1949 allows the creation of an aghadi or…
YOGRAJ INFRAS. LTD.versusSSANG YONG ENG. & CONSTRN. CO. LTD. & ANR.
2012 INSC 5731 January 2012Disposed off
Yograj Infra Ltd. furnished bank guarantees under a construction contract with Ssang Yong Engineering & Construction Co. Ltd. After the contract was terminated for alleged non‑performance and over‑payment, the respondent invoked the guarantees. Yograj filed a Section 9 application under the Arbitration and Conciliation…
DR. SUBRAMANIAN SWAMYversusDR. MANMOHAN SINGH AND ANOTHER
2012 INSC 5931 January 2012Appeal(s) allowed
Dr. Subramanian Swamy filed a representation with the Prime Minister seeking sanction to prosecute the then Minister of Communications, A. Raja, for alleged corruption in the 2G spectrum allocation. After repeated reminders and a CBI FIR was registered 16 months later, the Delhi High Court dismissed his writ petition, …
THE CHIEF COMMISSIONER, CENTRAL EXCISE AND CUSTOMS, LUCKNOW & ORS.versusPRABHAT SINGH
2012 INSC 55230 November 2012Appeal(s) allowed
The appellant, Prabhat Singh, sought appointment on compassionate ground after his father, a government employee, died in 1996. He filed applications before the Central Administrative Tribunal (CAT) in 2005 and 2006, but his claim was rejected on grounds of lack of vacancy and his ineligibility under the Office Memoran…
PRAMOD BHANUDAS SOUNDANKARversusSTATE OF MAHARASHTRA
2012 INSC 55130 November 2012Case Partly allowed
A dacoity was committed in which ten accused stole gold, silver and cash. One of the accused, Shivaji Kale, stole four silver chips weighing one kilogram each and sold them to jeweller Pramod Bhanudas Soundankar, the appellant. The appellant was charged under Sections 411 and 412 of the Indian Penal Code for dishonestl…
BHUPENDRA NATH HAZARIKA AND ANOTHERversusSTATE OF ASSAM AND ORS.
2012 INSC 55330 November 2012Dismissed
The Assam Public Service Commission advertised 30 regular (direct) APS vacancies and later 20 special‑batch vacancies. Although the regular candidates were recommended first, the State appointed the special‑batch recruits before the regular ones, exceeding the 5% quota prescribed in Rule 5(1)(c) of the Assam Police Ser…
THE DEPUTY INSPECTOR GENERAL OF POLICE & ANR.versusS. SAMUTHIRAM
2012 INSC 55030 November 2012Appeal(s) allowed
S. Samuthiram, a police officer of the Tamil Nadu Armed Reserve, was charged with eve‑teasing a married woman at a bus stand while intoxicated and with being absent from duty. A departmental inquiry found the charges proved and dismissed him from service. While his service appeal was pending, a criminal court acquitted…
M/S THAKKER SHIPPING P. LTD.versusCOMMISSIONER OF CUSTOMS (GENERAL)
2012 INSC 49930 October 2012Dismissed
The appellant, a customs house agent, was involved in the clearance of a seized container of electronic goods and later faced suspension of its licence, which was restored by the Tribunal. The Commissioner of Customs filed an application under Section 1290(4) of the Customs Act, 1962, but delayed it by ten days and sou…
UNION OF INDIA & ORS.versusDINESH PRASAD
2012 INSC 49730 October 2012Appeal(s) allowed
Dinesh Prasad, a washerman/rifleman in the Assam Rifles, was absent without leave for 808 days and was charge‑sheeted under Section 39(a) of the Army Act, 1950. A summary court‑martial was convened and presided over by the Commandant, Col. A.S. Sehrawat, who had also signed the charge sheet. Prasad pleaded guilty and w…
ANUP SARMAHversusBHOLA NATH SHARMA AND ORS.
2012 INSC 49630 October 2012Dismissed
The petitioner bought a vehicle on hire‑purchase and alleged that the financier forcibly repossessed it, filing a criminal complaint. The Judicial Magistrate ordered interim custody to the petitioner, but the High Court of Assam quashed the criminal proceedings. The Supreme Court examined whether a financier’s reposses…
RAMACHANDRANversusSTATE OF KERALA
2012 INSC 49830 October 2012Dismissed
The appellant, Ramachandran, was convicted of murdering his wife Remani by forcibly administering the pesticide Furadan and subsequently smothering her. The trial court, upheld by the Kerala High Court, relied on testimonies of family members and a neighbour indicating daily physical abuse, a motive stemming from alleg…
KRISHI UPAJ MANDI SAMITI, NARSINGHPURversusM/S. SHIV SHAKTI KHANSARI UDYOG AND OTHERS
2012 INSC 36430 August 2012Dismissed
The respondents, operators of sugar factories in Madhya Pradesh, challenged notices issued by market committees that required them to obtain licences under the Madhya Pradesh Krishi Upaj Mandi Act, 1972 and to pay market fees on purchases of sugarcane. The High Court quashed the notices, holding that the transactions w…
RAJAN PUROHIT & ORS.versusRAJASTHAN UNIVERSITY OF HEALTH SCIENCE & ORS.
2012 INSC 36330 August 2012Case Partly allowed
The Supreme Court examined admissions to a private unaided medical college in Rajasthan where 117 students were admitted without a competitive entrance test, contrary to Regulation 5(2) of the MCI Regulations. The Court held that there was no consensual agreement between the college and the State to admit students on t…
COLUMBIA SPORTSWEAR COMPANYversusDIRECTOR OF INCOME TAX, BANGALORE
2012 INSC 30730 July 2012Disposed off
Columbia Sportswear Co., a US company with liaison offices in India, sought an advance ruling from the Authority for Advance Rulings (Income Tax) on taxability and permanent establishment issues. The Authority issued a binding ruling, which the company challenged by filing a Special Leave Petition (SLP) under Article 1…
JAINENDRA SINGHversusSTATE OF U.P. TR. PRINL. SEC. HOME & ORS.
2012 INSC 30930 July 2012Matter referred to larger bench
The appellant, a police constable recruit, concealed the existence of a pending criminal case in the affidavit he submitted during selection. After his appointment was confirmed and he began training, the authorities discovered the omission and terminated his services. The High Court upheld the termination, relying on …
RESEARCH FOUNDATION FOR SCIENCE, TECHNOLOGY AND NATURAL RESOURCE POLICYversusUNION OF INDIA & ORS.
2012 INSC 30830 July 2012Disposed off
The Supreme Court heard two interlocutory applications seeking permission for the ship "Oriental Nicety" to be anchored, beached and dismantled at Alang, Gujarat. The petitioner argued that the ship could not be allowed entry without strict compliance with the Basel Convention and that it might contain hazardous wastes…
DEEPAK KHINCHIversusSTATE OF RAJASTHAN
2012 INSC 19430 April 2012Disposed off
Deepak Khichi, a trader of explosive and inflammable substances, was implicated in a fire that killed 14 people and injured many others. The Sessions Court initially discharged him of charges under the Explosive Substances Act (ESA) on the ground that no sanction under Section 7 of the Act had been produced. The Distri…
RAMESHKUMAR AGARWALversusRAJMALA EXPORTS PVT. LTD. & ORS.
2012 INSC 15630 March 2012Dismissed
The respondent filed a suit for specific performance of a sale agreement in 2007. In 2008 the plaintiff sought to amend the plaint to implead additional parties and to detail how the consideration was paid. The High Court allowed the amendment in part, which the appellant (defendant) challenged on the ground that it al…
R. MOHAJAN & ORS.versusSHEFALI SENGUPTA & ORS.
2012 INSC 15530 March 2012Appeal(s) allowed
The respondents, transferred to the Indian Railways, sought seniority and promotion benefits under a 2005 order of the Central Administrative Tribunal (CAT). The department allegedly failed to fully implement the order, prompting the respondents to file a contempt petition before the CAT, which in 2010 directed the app…
SHOBHAN SINGH KHANKAversusTHE STATE OF JHARKHAND
2012 INSC 15430 March 2012Appeal(s) allowed
The appellant, an academic expert appointed to the Jharkhand Public Service Commission interview board, was named in an FIR alleging large‑scale manipulation of marks and conspiracy with JPSC officials. He applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, which was rejected by both the …
M/S. PUSHPA SAHAKARI AVAS SAMITI LTD.versusM/S. GANGOTRI SAHAKARI AVAS S. LTD. AND ORS.
2012 INSC 15330 March 2012Appeal(s) allowed
In a suit for permanent injunction, the parties entered into a compromise decree dated 06‑09‑1996 requiring the defendant to pay a sum within six months. The defendant failed to pay, and the decree-holder filed an execution petition on 17‑02‑1997, before the six‑month period had expired. The defendant objected under Se…
MARGRET ALMEIDA & ORS. ETC. ETC.versusTHE BOMBAY CATHOLIC CO-OPERATIVE HOUSING SOCIETY LTD. & ORS. ETC. ETC.
2012 INSC 5530 January 2012Disposed off
The appellants, tenant members of a housing co‑operative society, filed suits in the Bombay High Court seeking declaration that a resolution to sell society land and the subsequent conveyance to third parties were illegal and void. The respondents argued that the suits were barred by Sections 91 and 163 of the Maharash…
STATE OF HARYANA & ANR.versusKARTAR SINGH (D) THROUGH LRS.
2012 INSC 54929 November 2012Disposed off
The State of Haryana acquired land under the Land Acquisition Act, 1894 and the reference court enhanced compensation in 1980, awarding 15% solatium and 6% interest. After the 1984 amendment to the Act, the landowners filed applications under CPC sections 151 and 152 in 1989 seeking the enhanced benefits of the amended…
SALAUDDIN AHMED & ANR.versusSAMTA ANDOLAN
2012 INSC 35929 August 2012Appeal(s) allowed
The Rajasthan Government issued notifications granting reservation in promotion for Scheduled Castes and Scheduled Tribes, which were later quashed by the Rajasthan High Court because the State had not complied with the quantifiable data requirements laid down in M. Nagaraj's case. General‑category employees filed civi…
GURU BASAVARAJ @ BEENE SETTAPPAversusSTATE OF KARNATAKA
2012 INSC 35629 August 2012Dismissed
Guru BasavaraJ @ Beene Settappa, the driver of a tractor‑trailer, was convicted under IPC sections 279, 337, 338 and 304‑A and Motor Vehicles Act section 187 for a highway accident that caused multiple injuries and one death. The accused claimed the crash resulted from mechanical failure and argued that his young age a…
PATASI DEVIversusSTATE OF HARYANA & ORS.
2012 INSC 35829 August 2012Appeal(s) allowed
Patasi Devi owned a 14-kanal plot on which she had constructed a house before the Haryana Government issued a Section 4 notification on 15‑12‑2006 for acquiring land for the development of Sector 36, Rohtak. The land was later declared acquired under Section 6 and an award was passed on 9‑12‑2009, after which the State…
VIJAY SINGHversusSTATE OF DELHI
2012 INSC 36129 August 2012Case Partly allowed
Vijay Singh was convicted under Section 307 IPC for stabbing PW‑4 on 11‑03‑1998 and sentenced to five years' rigorous imprisonment. He later claimed he was a juvenile at the time of the offence, relying on a school leaving certificate showing a date of birth of 01‑12‑1981, which would make him 16 years old on the incid…
MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHIDversusSTATE OF MAHARASHTRA
2012 INSC 35729 August 2012Dismissed
The appellant, Mohammed Ajmal Mohammad Amir Kasab, was one of ten Pakistani terrorists who launched a coordinated attack on Mumbai on November 26, 2008, killing 166 people and injuring 238. He was convicted by the trial court on multiple charges including waging war against the Government of India, murder, and terroris…
COMMISSIONER OF CENTRAL EXCISE, MUMBAIversusM/S. FIAT INDIA (P) LTD. & ANR.
2012 INSC 36229 August 2012Appeal(s) allowed
The respondents, manufacturers of Fiat Uno cars, declared wholesale prices that were well below their manufacturing cost, claiming the price was the normal price under Section 4(1)(a) of the Central Excise Act. The Revenue issued show‑cause notices alleging short levy and demanded differential duty, arguing that the pr…
STATE OF M.P.versusAYUB KHAN
2012 INSC 36029 August 2012Appeal(s) allowed
Ayub Khan was apprehended in Guna, Madhya Pradesh, possessing a country‑made barrel gun, two bullets and 50 grams of explosives without a licence. He was convicted under Section 25(1)(a) of the Arms Act, 1959 and the trial court sentenced him to one year of rigorous imprisonment with a fine of Rs.100, accounting for se…
JUGENDRA SINGHversusSTATE OF U.P.
2012 INSC 25329 May 2012Dismissed
The appellant, Jugendra Singh, was charged with attempting to rape a nine‑year‑old girl and causing her death by strangulation. The trial court acquitted him, citing minor discrepancies in witness testimonies, but the High Court reversed the acquittal, convicting him under IPC sections 302, 376 and 511 and imposing lif…
THE SECRETARY, MIN.OF DEFENCE & ORS.versusPRABHASH CHANDRA MIRDHA
2012 INSC 25229 May 2012Disposed off
The case concerned an Assistant Foreman of an Ordnance Factory who was served a charge memo alleging bribery and challenged the disciplinary proceedings on the ground that the charge memo was issued by an authority subordinate to his appointing authority. The Central Administrative Tribunal quashed the charge memo, a d…
NARENDRA CHAMPAKLAL TRIVEDIversusSTATE OF GUJARAT
2012 INSC 25129 May 2012Dismissed
The appellants, Narendra Champaklal Trivedi and Harjibhai Devjibhai Chauhan, were accused of demanding and accepting a Rs.50 bribe for providing a survey report. The trial court and the Gujarat High Court convicted them under Section 7 of the Prevention of Corruption Act, 1988 and imposed the statutory minimum sentence…
MINERALS & METALS TRADING CORPORATION OF INDIA LTD.versusOCEAN KNIGH MARITIME CO. LTD. AND OTHERS
2012 INSC 15229 March 2012Appeal(s) allowed
The appellant, Minerals & Metals Trading Corporation of India Ltd., entered into a charter party with Ocean Knight Maritime Co. Ltd., which contained an arbitration clause. Disputes over demurrage led each party to appoint its own arbitrator, but the arbitrators could not reach a consensus and the award deadline expire…
MANO DUTT & ANR.versusSTATE OF U.P.
2012 INSC 12129 February 2012Dismissed
The Supreme Court upheld the conviction of Mano Dutt and Ram Narain for murder under Section 302 read with Section 34 of the IPC. The Court held that the accused had a pre‑planned common intention to assault and kill the deceased during a land‑dispute, and that the presence of fewer than five participants does not prec…
KISHOR KUMAR & ORS.versusPRADEEP SHUKLA & ORS.
2012 INSC 12029 February 2012Dismissed
The Supreme Court considered Special Leave Petitions challenging the selection of 766 pharmacist vacancies advertised by the Uttar Pradesh government. The petitioners argued that, despite higher merit, they were excluded because the State applied Rule 15(2) of the U.P. Pharmacists Service Rules, 1980, which mandates ba…
RAJENDRA PRALHADRAO WASNIKversusTHE STATE OF MAHARASHTRA
2012 INSC 11929 February 2012Dismissed
The appellant, Rajendra Pralhadrao Wasnik, was convicted of raping and murdering a three‑year‑old girl under IPC sections 376(2)(f), 377 and 302. The prosecution relied on a chain of circumstantial evidence, including eyewitness testimony that the accused last saw the child with him, the discovery of the child's nude b…
VINAYAK KASHINATH SHILKARversusDY. COLLECTOR & COMPETENT AUTHORITY AND OTHERS
2012 INSC 11829 February 2012Appeal(s) allowed
Vinayak Kashinath Shilkar filed a writ petition seeking declaration that proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 concerning his land in Thane were abated after the Repeal Act of 1999 was adopted in Maharashtra on 29‑11‑2007. He contended that, although the land had vested in the State under …
THE ACCOUNTANT GENERAL, M.P.versusS.K. DUBEY & ANR.
2012 INSC 12229 February 2012Matter referred to larger bench
The case concerned a former High Court judge who, after retirement, served as President of the Madhya Pradesh State Consumer Disputes Redressal Commission for nearly five years. He claimed pension for that period based on a 2002 executive order of the State Government, although the Madhya Pradesh Consumer Protection Ru…
MANUBHAI RATILAL PATEL TR. USHABENversusSTATE OF GUJARAT & ORS.
2012 INSC 43828 September 2012Dismissed
An FIR for offences under sections 467, 468, 471, 409 and 114 IPC was filed against the appellant. He sought quashing of the FIR and a stay of investigation under Section 482 CrPC, but was arrested before the stay order took effect. The magistrate remanded him to police custody and later to judicial custody. The High C…
CHLORO CONTROLS (I) P. LTD.versusSEVERN TRENT WATER PURIFICATION INC. AND ORS.
2012 INSC 43628 September 2012Dismissed
Chloro Controls (India) Pvt. Ltd. filed a suit seeking declaration and injunction against Severn Trent Water Purification Inc. and related entities over a joint‑venture arrangement involving multiple agreements, some of which contained arbitration clauses. The respondents moved under Section 45 of the Arbitration and C…
SPEAKER HARYANA VIDHAN SABHAversusKULDEEP BISHNOI & ORS.
2012 INSC 43728 September 2012Disposed off
Five Haryana MLAs merged with the Indian National Congress and the Speaker accepted the merger. Kuldeep Bishnoi filed disqualification petitions under Article 191 and the Tenth Schedule, alleging the merger violated paragraph 4(1). The High Court, invoking Order 41 Rule 33 CPC, directed the Speaker to decide the petiti…
MANGAL AMUSEMENT PARK (P) LTD. & ANR.versusSTATE OF MADHYA PRADESH & OTHERS
2012 INSC 35528 August 2012Dismissed
The Indore Development Authority (IDA) allotted a 7‑acre parcel of land to Mangal Amusement Park Ltd. for a children's amusement park under a document labeled a "license" for 15 years, with a provision for renewal. The State of Madhya Pradesh later changed the land‑use from "commercial" to "regional park" and directed …
NARAYAN MANIKRAO SALGARversusSTATE OF MAHARASHTRA
2012 INSC 35428 August 2012Case Partly allowed
The appellants were convicted under Sections 148, 302 read with 149, 341, and 323 of the IPC for the death of Khushal Salgar. The prosecution relied on the testimony of two eye‑witnesses, a dying declaration, and forensic evidence. The Supreme Court examined whether the evidence established a common object to cause mur…
BRAJENDRASINGHversusSTATE OF MADHYA PRADESH
2012 INSC 11628 February 2012Case Partly allowed
The appellant, Brajendrasingh, was convicted of murdering his wife and their three young children after alleging an illicit affair between his wife and a neighbour. The prosecution relied on circumstantial evidence, forensic findings, and the appellant's own statements under Section 313 CrPC, while the defence claimed …
OM KR. DHANKARversusSTATE OF HARYANA & ANR.
2012 INSC 11428 February 2012Appeal(s) allowed
The appellant, a transport operator, complained that a Deputy Excise and Taxation Commissioner (respondent No.2) demanded payment of passenger tax at his residence, received Rs. 2 lakh, and released the appellant's impounded buses, allegedly cheating him and embezzling public money. The Judicial Magistrate issued a sum…
SURENDRA AND OTHERSversusSTATE OF U.P.
2012 INSC 11528 February 2012Dismissed
Five men (Surendra, Narendra, Yogesh, Amar Pal and Anil Kumar) attacked Ramchandra Singh with a burri, knife and lathis after a pending criminal dispute, inflicting multiple injuries that caused his death the next day. The trial court convicted them under Section 302 read with Section 149 of the IPC, along with Section…
RAMNARESH & ORS.versusSTATE OF CHHATTISGARH
2012 INSC 11728 February 2012Case Partly allowed
The Supreme Court examined the conviction of four accused for the rape and murder of Rajkumari, based primarily on the testimony of a 16‑year‑old servant, PW6, who was the sole eye‑witness. The Court found that PW6's statement was reliable, corroborated by medical evidence and the testimony of the victim's mother, and …
GURPAL SINGHversusHIGH COURT OF JUDICATURE FOR RAJASTHAN
2012 INSC 54427 November 2012Case Partly allowed
Gurpal Singh, a Judicial Magistrate First Class in Rajasthan, was suspended on 20 December 1985 after being arrested in connection with the murder of an advocate. He was acquitted by the trial court in May 2002 and the CBI's appeal was dismissed by the Delhi High Court on 27 September 2005, but his suspension continued…
MADALA VENKATA NARSIMHA RAOversusSTATE OF A.P.
2012 INSC 54827 November 2012Case Partly allowed
The appellant was charged with raping and murdering a young woman, Lalitha. Witnesses saw him fleeing the house with blood‑stained clothes and heard him push them as they entered, and the victim gave a dying declaration that he had struck her with a grinder. The trial court acquitted him of both charges, but the High C…
CIPLA LTD.versusUNION OF INDIA & ORS.
2012 INSC 54227 November 2012Disposed off
Sugen Inc. and Pharmacia & Upjohn were granted Indian Patent No. 209251 for a pharmaceutical invention. Cipla Ltd. filed an opposition under Section 25(2) of the Patents Act, 1970, and the Controller revoked the patent on 24 September 2012 relying on the Opposition Board’s recommendation, but without furnishing the Boa…
RAJU @ BALACHANDRAN & ORS.versusSTATE OF TAMIL NADU
2012 INSC 54327 November 2012Dismissed
The appellants were convicted for the murder of Veerappan and his mother Marudayi based primarily on the testimony of PW‑5 Srinivasan, the victim's brother and a related, interested witness who also harboured enmity against the accused. The appellants challenged the conviction, arguing that PW‑5’s evidence should be cl…
M/S. LAXMI DYECHEMversusSTATE OF GUJARAT & ORS.
2012 INSC 54627 November 2012Appeal(s) allowed
The appellant, a chemical supplier, filed forty complaints under Section 138 of the Negotiable Instruments Act alleging that the respondent company’s post‑dated cheques were dishonoured because the signatures did not match the specimen signatures on file. The High Court quashed the complaints, holding that a signature …
COMMISSIONER OF CENTRAL EXCISE, NEW DELHIversusM/S. CONNAUGHT PLAZA RESTAURANT (P) LTD., NEW DELHI
2012 INSC 54527 November 2012Appeal(s) allowed
The case concerned the classification of "soft‑serve" ice‑cream sold at McDonald's outlets. The revenue argued it fell under heading 21.05 (ice‑cream) of the Central Excise and Tariff Act, 1985, while the assessee contended it should be placed under heading 04.04 (other dairy produce) or the residuary 2108.91. The Supr…
UNION OF INDIA & ORS.versusN.R. PARMAR & ORS.
2012 INSC 54727 November 2012Appeal(s) allowed
The case concerned the inter‑se seniority of Income Tax Inspectors appointed by promotion (promotees) and those recruited directly (direct recruits) for vacancies of the 1993‑94 year. The parties disputed whether seniority of direct recruits should be based on their actual appointment date, the date the vacancy arose, …
CENTRAL BUREAU OF INVESTIGATIONversusAMITBHAI ANIL CHANDRA SHAH AND ANOTHER
2012 INSC 43427 September 2012Dismissed
The Supreme Court considered CBI's appeal against the Gujarat High Court's grant of bail to former Home Minister Amitbhai Shah in the Sohrabuddin encounter case and a petition to transfer the trial out of Gujarat. The Court noted that Shah, as a minister, could potentially influence witnesses and tamper with evidence, …
V.K. SASIKALAversusSTATE REP. BY SUPERINTENDENT OF POLICE
2012 INSC 42927 September 2012Disposed off
The appellant, V.K. Sasikala, was on trial for offences under the Prevention of Corruption Act. While her examination under Section 313 CrPC was in progress, she applied for certified copies and, alternatively, inspection of certain unmarked and unexhibited documents that had been forwarded to the court under Section 1…
RE: SPECIAL REFERENCE N0.1 OF 2012versus--
2012 INSC 42827 September 2012Reference answered
The President of India made a reference under Article 143(1) of the Constitution seeking the Supreme Court's opinion on whether auction is the only permissible method for disposal of all natural resources, following the Court's judgment in the 2G case which had quashed spectrum licenses and directed auction. The Court …
LAXMANversusTHE STATE OF MAHARASHTRA
2012 INSC 43127 September 2012Dismissed
The case involved the murder of Nagoba, for which six of eleven accused were convicted under Section 302 read with Section 149 of the IPC. The appellants (A‑1 and A‑2) challenged their convictions on the grounds that the key prosecution witnesses were relatives of the deceased, that there was a delay in lodging the FIR…
COMMISSIONER OF INCOME TAX-IIversusM/S. KRISHI UTPADAN MANDI SAMITI
2012 INSC 43327 September 2012Dismissed
The Mandi Samiti, a market committee established under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, collects market fees and is statutorily required to transfer certain amounts to the Mandi Parishad. Both entities are registered under Section 12AA of the Income Tax Act, 1961. The Revenue argued that these tr…
AJAY KUMAR PARMARversusSTATE OF RAJASTHAN
2012 INSC 43527 September 2012Dismissed
The appellant Ajay Kumar Parmar was accused of raping the complainant, who later approached the Chief Judicial Magistrate (CJM) to record a statement under Section 164 CrPC claiming the FIR was false. The CJM directed a Judicial Magistrate to record the statement, but the complainant was not produced before the magistr…
M/S NEW HORIZON SUGAR MILLS LTD.versusGOVT. OF PONDICHERRY TH. ADDL. SEC. & ANR.
2012 INSC 43027 September 2012Dismissed
New Horizon Sugar Mills Ltd and its directors, who had guaranteed a bank loan, defaulted and faced attachment of their properties under the Pondicherry Protection of Interest of Depositors in Financial Establishments Act, 2004. They challenged the validity of that Act and a government order attaching properties, arguin…
ABDUL REHMAN & ANR.versusMOHD. RULDU & ORS.
2012 INSC 43227 September 2012Appeal(s) allowed
The appellants, who had purchased land from the predecessor-in-interest, filed a suit for a permanent injunction against respondents who claimed title based on later sale deeds. They later sought to amend the plaint to include a declaration of title and cancellation of those sale deeds. The trial court and the High Cou…
POOJA RANAversusSTATE OF HARYANA & ORS.
2012 INSC 35327 August 2012Dismissed
Pooja Rana, born in 1993, married Sachin Kumar Rana of her own choice, after which her parents and maternal uncle filed an FIR against her husband under IPC sections 363, 366, 328 and 504. She filed a writ petition under Article 32 of the Constitution seeking the quash of the FIR and direction to register a criminal ca…
U.P. POWER CORPORATION LTD.versusRAJESH KUMAR & ORS.
2012 INSC 18927 April 2012Disposed off
The Supreme Court examined the constitutional validity of Section 3(7) of the Uttar Pradesh Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 and Rule 8‑A of the Uttar Pradesh Government Servants Seniority Rules, 1991 (as inserted by the 2007 amendment), which pro…
A. SHANMUGAMversusARIYA KSHATRIYA RAJAKULA VAMSATHU MADALAYA NANDHAVANA PARIPALANAI SANGAM REPRESENTED BY ITS PRESIDENT ETC.
2012 INSC 19327 April 2012Dismissed
The appellant, a watchman employed by a religious society, sued for a permanent injunction claiming possession of the society's dharamshala, alleging adverse possession. The trial court dismissed the suit, the first appellate court reversed in his favour, but the High Court set aside that reversal. The Supreme Court he…
AVISHEK GOENKAversusUNION OF INDIA AND ANR.
2012 INSC 18627 April 2012Case Partly allowed
The petitioner, a public‑spirited citizen, filed a writ petition under Article 32 seeking a direction that all motor vehicles in India be fitted only with safety glass having 100% visual light transmission (VLT) and that the use of black films on vehicle windshields and side windows be prohibited. The petition also dem…
P.A. MOHAMMED RIYASversusM.K. RAGHAVAN & ORS.
2012 INSC 19227 April 2012Dismissed
The appellant, P.A. Mohammed Riyas, contested the 2009 Lok Sabha election from Kozhikode and filed an election petition alleging that the respondent, M.K. Raghavan, committed corrupt practice by publishing false statements, invoking Sections 81, 100, 101 and 123 of the Representation of the People Act, 1951. The petiti…
AVISHEK GOENKAversusUNION OF INDIA AND ANR.
2012 INSC 18827 April 2012Case Partly allowed
The petitioners, led by Avishek Goenka, raised a public‑interest writ alleging that prepaid SIM cards were being sold without proper identity verification, posing security risks and violating Department of Telecommunications (DoT) notifications. The petitioner sought strict enforcement of verification norms, physical r…
MEHRAWAL KHEWAJI TRUST (REGO.), FARIDKOT & ORS.versusSTATE OF PUNJAB & ORS.
2012 INSC 19027 April 2012Appeal(s) allowed
The Supreme Court examined the compensation awarded for 33 acres of land acquired under the Land Acquisition Act, 1894. The appellants argued that the reference court erred by averaging several sale exemplars instead of using the highest bona‑fide transaction (Exhibit A‑61) and by not granting interest on solatium and …
SRI MARCEL MARTINSversusM. PRINTER & ORS.
2012 INSC 19127 April 2012Dismissed
The Bangalore Municipal Corporation sold a residential property, originally leased to S, to S's son (the appellant) after S's death, with the sale price contributed by the appellant, S's husband and daughters (respondents). The respondents sued for a declaration of co‑ownership and an injunction, but the trial court di…
ANEETA HADAversusM/S. GODFATHER TRAVELS & TOURS PVT. LTD.
2012 INSC 18727 April 2012Appeal(s) allowed
The Supreme Court examined whether an authorised signatory of a company could be prosecuted under Section 138 of the Negotiable Instruments Act, 1881 and Section 67/85 of the Information Technology Act, 2000 without the company itself being named as an accused. The Court held that Section 141 of the Negotiable Instrume…
SUNIL KUMARversusSTATE OF HARYANA
2012 INSC 15027 March 2012Dismissed
Sunil Kumar was convicted under Section 7 of the Essential Commodities Act, 1955 for possessing and selling large quantities of blue kerosene and was sentenced to one year imprisonment and a fine. His appeal against the conviction was dismissed by the High Court, and a subsequent application seeking modification of the…
NARSING PRASADversusANIL KUMAR JAIN & ORS.
2012 INSC 14927 March 2012Case Partly allowed
The Uttar Pradesh Avas Evam Vikas Parishad appointed the appellant, a Superintending Engineer, to officiate as Chief Engineer. The senior-most respondent challenged the appointment, arguing that in the absence of a merit‑based selection the senior officer should be given the charge. The Allahabad High Court quashed the…
MULCHAND KHANUMAL KHATRIversusSTATE OF GUJARAT & ORS.
2012 INSC 15127 March 2012Appeal(s) allowed
The appellant, a joint owner of land in Palanpur, Gujarat, challenged a government acquisition of his property and obtained interim relief from the Gujarat High Court. While the proceedings were pending, the Land Acquisition Act was amended in 1984 inserting Section 11A, which mandates that an award be made within two …
IN RE : NETWORKING OF RIVERSversus.
2012 INSC 10927 February 2012Disposed off
The Supreme Court entertained a public‑interest writ petition seeking directions to the Union and several State governments to nationalise rivers and inter‑link them for flood control and drought mitigation. The petitioners relied on the National Water Policy, the 1980 National Perspective Plan and various feasibility …
LALITA KUMARIversusGOVERNMENT OF U.P. & OTHERS
2012 INSC 10827 February 2012Matter referred to larger bench
The petition arose from the kidnapping of a six‑year‑old girl, Lalita Kumari, whose father reported the incident to the police but the FIR was registered only after a month and no investigative action was taken. The petitioner sought a writ of habeas corpus, contending that the police had a statutory duty under Section…
DEEPAK KUMAR ETC.versusSTATE OF HARYANA AND ORS. ETC.
2012 INSC 11327 February 2012Hearing Adjourned
The Supreme Court examined the validity of auction notices issued by the Haryana government for the extraction of minor minerals (boulders, gravel, sand) in parcels not exceeding 5 hectares, including river‑bed mining. Petitioners argued that the notices were issued without any environmental impact assessment (EIA) and…
SMT. K. LAKSHMIversusSTATE OF KERALA & ORS.
2012 INSC 11127 February 2012Dismissed
The case concerned the recruitment of District and Sessions Judges in Kerala where an initial notification sought to fill six vacancies. After the written exam, only seven candidates qualified, but the recruitment committee awarded moderation marks to all examinees, expanding the pool to 45 candidates. The High Court l…
M/S IFB INDUSTRIES LTD.versusSTATE OF KERALA
2012 INSC 11227 February 2012Appeal(s) allowed
IFB Industries Ltd., a manufacturer of home appliances, offered trade discounts to its dealers, some of which were granted through credit notes after sales targets were met. The dispute centered on whether such discounts, not shown on the original sales invoice, could be deducted from taxable turnover under Rule 9(a) o…
BIMAL KUMAR & ANOTHERversusSHAKUNTALA DEBI & OTHERS
2012 INSC 11027 February 2012Appeal(s) allowed
A partition suit filed in 1962 was compromised in 1964, with the decree allocating exclusive possession of specific properties to each party. The predecessor of the appellants later challenged the compromise decree on grounds of fraud, but the suit was dismissed in 1994 and the subsequent appeal in 2004 was also dismis…
ARUP DAS & ORS.versusSTATE OF ASSAM & ORS.
2012 INSC 5427 January 2012Dismissed
The Director of Land Records and Survey, Assam advertised 160 seats for the Assam Survey and Settlement Training Institute and selected 160 candidates. Subsequent lists of candidates were prepared, but the Government refused to approve them, prompting petitions. The petitioners argued that appointments could be made fr…
A.V. PADMA & ORS.versusR. VENUGOPAL & ORS
2012 INSC 5327 January 2012Appeal(s) allowed
The widowed mother and her two educated daughters of a deceased motor accident victim were awarded compensation, which was later enhanced by the High Court. The insurer deposited the full amount with the Motor Accident Claims Tribunal, which ordered a portion to be placed in long‑term fixed deposits despite the claiman…
JASVIR KAURversusSTATE OF PUNJAB
2012 INSC 54026 November 2012Case Partly allowed
Jasvir Kaur and her husband Ginder Singh, a Head Constable, were convicted under Section 420 of the IPC for cheating an informant by promising a police job and extracting Rs.70,000. Both were sentenced to two years' imprisonment and a fine. The Supreme Court entertained only the appellant's challenge to the sentence. I…
ALOK KUMAR PANDITversusSTATE OF ASSAM & ORS.
2012 INSC 54126 November 2012Dismissed
The appellant, an OBC candidate, applied for the Assam Civil Service through the Assam Public Service Commission and secured a higher merit score than many open‑category candidates, yet was not placed in his preferred service. He challenged the commission’s selection, arguing that more meritorious reserved‑category can…
ASHRAFKHAN @ BABU MUNNEKHAN PATHANversusSTATE OF GUJARAT
2012 INSC 42526 September 2012Disposed off
The case involved 60 accused charged under TADA, the Arms Act and the Explosive Substances Act, of whom 11 were convicted by a Designated Court. The appellants contended that the FIR under TADA was registered without the mandatory prior approval of the District Superintendent of Police under s.20‑A(1) of TADA, renderin…
OM PRAKASH & ORS.versusSTATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF HOME, RANCHL-I & ANR.
2012 INSC 42626 September 2012Dismissed
The case arose from a complaint alleging that a police encounter on 1 July 2004 was fabricated and resulted in the death of the complainant's son. The police contended that the encounter was genuine, a fact supported by FIRs, a CID inquiry, and an NHRC report. The High Court quashed the criminal proceeding against a po…
STATE OF MADHYA PRADESHversusSURENDRA KORI
2012 INSC 42726 September 2012Appeal(s) allowed
The State of Madhya Pradesh alleged that Surendra Kori, a Deputy Registrar, facilitated the registration of over one hundred forged sale deeds to enable fictitious buyers to claim benefits under a Special Rehabilitation Package for the Sardar Sarovar Project. FIRs and charge‑sheets were filed under IPC sections 420, 46…
MSR LEATHERSversusS. PALANIAPPAN & ANR.
2012 INSC 42426 September 2012Reference answered
The appellant MSR Leathers sued the respondents for dishonour of four cheques. The cheques were presented, dishonoured, and a statutory notice was served; the drawer failed to pay. The cheques were presented a second time, again dishonoured, and a fresh notice was served before a complaint was filed. The issue was whet…
ARVINDKUMAR ANUPALAL PODDARversusSTATE OF MAHARASHTRA
2012 INSC 30426 July 2012Dismissed
The appellant, Arvindkumar, was charged with murdering his first wife, Sita Devi, under Sections 302 and 201 read with Section 34 of the IPC. The prosecution relied solely on circumstantial evidence, including the last sighting of the appellant with the victim, blood‑stained clothes, recovery of a knife, post‑mortem fi…