VODAFONE INTERNATIONAL HOLDINGS B.V.versusUNION OF INDIA & ANR.
2012 INSC 4520 January 2012Appeal(s) allowed
The Supreme Court examined Vodafone International Holdings' acquisition of the entire share capital of CGP Investments (Holdings) Ltd., a Cayman Islands company that indirectly held a 52% stake in Hutchison Essar Ltd. (HEL). The Revenue argued that the sale of CGP, together with associated rights and entitlements, amou…
HORILversusKESHAV & ANR.
2012 INSC 4620 January 2012Appeal(s) allowed
Horil filed a civil suit in the Munsif Court seeking a declaration that a decree passed by the Assistant Collector, a revenue officer, under the Uttar Pradesh Zamindari Abolition & Land Reforms Act was fraudulent because it was based on a forged compromise petition. The respondents contended that the suit was barred by…
RAJESH AWASTHIversusNAND LAL JAISWAL & ORS.
2012 INSC 49519 October 2012Dismissed
The appellant, Rajesh Awasthi, was appointed Chairperson of the Uttar Pradesh State Electricity Regulatory Commission after a Selection Committee forwarded his name with a note that the government must first ensure compliance with Section 85(5) of the Electricity Act, 2003. The petitioner challenged the appointment, ar…
SUMIT TOMARversusTHE STATE OF PUNJAB
2012 INSC 48919 October 2012Dismissed
The appellant was stopped by police and found driving a car containing two bags of poppy straw, which were mixed and sampled before being seized. He was convicted under Section 15 of the NDPS Act for possessing a commercial quantity of the contraband and sentenced to ten years' rigorous imprisonment. On appeal, he chal…
K. SURESHversusNEW INDIA ASSURANCE CO. LTD. AND ANR
2012 INSC 49019 October 2012Case Partly allowed
K. Suresh was injured in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs.25,00,000 in various heads including permanent disability and loss of earning capacity. The Madras High Court reduced the award to Rs.9,78,000, deleting the permanent disability component and lowering other heads, reason…
NAZMAversusJAVED @ ANJUM
2012 INSC 49119 October 2012Appeal(s) allowed
The appellant filed an FIR under dowry and related offences against the respondent. The respondent's family filed a criminal miscellaneous writ petition seeking to quash the FIR; the High Court stayed the arrest of the respondent and ordered a monthly deposit of Rs 2,000. After the investigation closed and the magistra…
SAYED MOHD. AHMED KAZMIversusSTATE, GNCTD & ORS.
2012 INSC 48719 October 2012Appeal(s) allowed
The appellant, Sayed Mohd. Ahmed Kazmi, was arrested in connection with an alleged bomb attack and was placed in police and then judicial custody. After the initial 90‑day period expired, the Chief Metropolitan Magistrate extended his custody for another 90 days with retrospective effect, despite the appellant's pendin…
SAJEESH BABU K.versusN.K. SANTHOSH & ORS.
2012 INSC 49219 October 2012Appeal(s) allowed
The appellant was selected for an LPG distributorship by Bharat Petroleum Corporation Ltd. after an interview and evaluation by an expert committee, which also verified the authenticity of his experience certificates. Respondent No.1 challenged the genuineness of those certificates, alleging the appellant could not hav…
PRADEEP KUMAR SHARMAversusU.P.F.C. RAJPUR ROAD, DEHRADUN & ORS.
2012 INSC 49319 October 2012Appeal(s) allowed
The Uttar Pradesh Financial Corporation (UPFC) had taken a mortgage over a parcel of land to secure a loan. After the borrower defaulted, UPFC advertised the property for sale under s.29 of the State Financial Corporation Act, 1951 and accepted the highest bid from Pradeep Kumar Sharma, who paid the full consideration,…
THE STATE OF MAHARASHTRAversusVISHWANATH MARANNA SHETTY
2012 INSC 49419 October 2012Appeal(s) allowed
The State prosecuted Vishwanath Maranna Shetty, accused No.9 in a Maharashtra Control of Organized Crime Act (MCOCA) case, alleging that he managed funds for an organised crime syndicate and abetted the murder of Farid Tanasha. The Special Court denied his bail application, but the Bombay High Court later granted bail.…
MEDHA KOTWAL LELE AND OTHERSversusUNION OF INDIA
2012 INSC 48819 October 2012Disposed off
The Supreme Court heard a group of public‑interest writ petitions concerning the ineffective implementation of the Vishaka guidelines on sexual harassment at workplaces. The Court examined affidavits from State Governments showing that many had failed to amend the Central Civil Services (Conduct) Rules and the Industri…
BALAJI GUNTHU DHULEversusSTATE OF MAHARASHTRA
2012 INSC 40919 September 2012Appeal(s) allowed
Balaji Gunthu Dhule was convicted under IPC sections 302 and 34 for the death of Ranga Rao during a quarrel, based primarily on the testimony of several eye‑witnesses. The High Court upheld the conviction relying chiefly on PW‑10’s testimony and the appellant’s own statement under CrPC section 313, inferring that PW‑10…
PUDHU RAJA & ANR.versusSTATE, REP. BY INSPECTOR OF POLICE
2012 INSC 41119 September 2012Dismissed
The case involved the murder of Jayalakshmi, who was set on fire in a house she shared with her husband Pudhu Raja (A-1) and his mother (A-2). The prosecution alleged that the accused killed her to extort dowry, invoking Sections 302 r/w 34, 304(b) and 201 of the IPC, while the trial court acquitted them citing contrad…
MAHESH CHANDRA VERMA & ORS.versusSTATE OF JHARKHAND & ORS.
2012 INSC 41019 September 2012Disposed off
The Jharkhand High Court had appointed 17 Additional District Judges (ADJs) to the regular cadre under a 2001 advertisement, but later appointed another 25 ADJs as Fast Track Court (FTC) judges using the same merit list. The petitioners, sub‑judges, challenged these later appointments as illegal, arguing that FTC posts…
AHMEDSAHEB (D) BY LRS. & ORS.versusSAYED ISMAIL
2012 INSC 29019 July 2012Appeal(s) allowed
The appellants filed three suits (1974, 1977, 1980) for recovery of rent arrears covering October 1971 to November 1980. The trial court decreed in their favour and the decree was affirmed by a lower appellate court. The High Court set aside the decree on the sole ground that the rent deed (Exhibit‑69) was not register…
STATE OF HARYANAversusSHAKUNTLA AND ORS.
2012 INSC 17719 April 2012Dismissed
The State prosecuted nine accused for the armed assault and murder of Manohar Lal and his wife Sushila, resulting in 30 and 33 injuries respectively. The trial court convicted all nine under Sections 148, 302/149 and 325/149 IPC. The High Court upheld convictions of six accused but acquitted Shakuntla, Premwati and Sar…
BRIJ MOHAN LALversusUNION OF INDIA & ORS.
2012 INSC 17819 April 2012Case Partly allowed
The Supreme Court examined the status of judges appointed on an ad‑hoc basis under the Fast Track Courts (FTC) Scheme and whether they were entitled to regularisation or absorption into the permanent judicial cadre. It held that the appointments were expressly temporary, terminable at will, and did not confer any indef…
STATE OF ORISSA & ORS.versusUJJAL KUMAR BURDHAN
2012 INSC 13919 March 2012Appeal(s) allowed
The State of Orissa directed its Vigilance Cell to investigate alleged irregularities in the procurement and milling of paddy by the respondent, a proprietary rice mill owner. The respondent filed multiple writ petitions; the High Court initially ordered the inquiry to be completed within twelve weeks, later stayed and…
N. SURESHversusYUSUF SHARIFF & ANR.
2012 INSC 13819 March 2012Appeal(s) allowed
The appellant, N. Suresh, was severely injured in a motor accident caused by the rash driving of a lorry, resulting in 90% permanent disability of his right leg and 50-60% facial disability. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988, asserting a monthly income of over Rs.8,000 prior to t…
ASSAM URBAN WATER SUPPLY & SEW. BOARDversusSUBASH PROJECTS & MARKETING LTD.
2012 INSC 4219 January 2012Dismissed
The Assam Urban Water Supply & Sewage Board and Subash Projects & Marketing Ltd entered into two water‑supply contracts that gave rise to disputes resolved by a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996. The arbitrator issued awards on 22 August 2003, which the appellants received on 26…
SHANMUGHANversusSTATE OF KERALA
2012 INSC 4319 January 2012Dismissed
The appellant, Shanmughan, was convicted of murder and causing hurt for allegedly administering cyanide to his wife, Raji, resulting in her death. The trial and High Courts upheld the conviction and life sentence. On appeal, the Supreme Court examined whether the circumstantial evidence—motive, injuries indicating forc…
SUDEVANANDversusSTATE THROUGH CBI
2012 INSC 4119 January 2012Appeal(s) allowed
The case concerned the conviction of Sudevanand and co‑accused for an attempted murder of the Chief Justice of India, based largely on the testimony of an approver, Vikram, who later retracted his earlier statements while in jail. The appellants filed three criminal miscellaneous applications after a delay of more than…
JAGAN SINGH (DEAD) THROUGH LRS.versusDHANWANTI & ANR.
[2012] 2 S.C.R. 30319 January 2012Disposed off
The appellant, representing the estate of Jagan Singh, sought a permanent injunction to prevent Dhanwanti, the widow of the testator, from selling a parcel of bhumidhari land that had been bequeathed to her with a restriction limiting her rights to her lifetime. The lower courts held that the restriction was invalid un…
RAMDAS BANSAL (D)versusKHARAG SINGH BAID & ORS.
2012 INSC 4419 January 2012Dismissed
The appellant, Ramdas Bansal, held a 21‑year lease of a building (Grace Cinema Hall) on premises in Kolkata and, after the lease expired, the respondents filed a suit for vacant possession and rectification of the lease description. Bansal sought to introduce documents alleging that the respondents were "Thika" tenants…
SABEEHA FAIKAGE & ORS.versusUNION OF INDIA & ORS.
2012 INSC 48618 October 2012Disposed off
The petitioners, relatives of ten Indian seafarers who disappeared when the foreign‑flagged tug Jupiter‑6 went missing in September 2005, filed a writ under Article 32 seeking a marine casualty investigation and compensation, alleging violation of their right to life under Article 21. The Court examined whether the Uni…
ASHOKversusRAJENDRA BHAUSAHEB MULAK
2012 INSC 47918 October 2012Matter referred to larger bench
In the Maharashtra Legislative Council election, Ashok lost to Rajendra by four votes and filed an election petition alleging that at least five of the fourteen votes counted were improperly received because voters were accompanied by another person, violating Rule 39 of the Conduct of Election Rules, 1961. The High Co…
SATISH BATRAversusSUDHIR RAWAL
2012 INSC 48018 October 2012Appeal(s) allowed
The appellant, a seller, entered into an agreement for sale of immovable property with the respondent, a purchaser, wherein the purchaser paid Rs.7,00,000 as earnest money. The agreement stipulated that if the purchaser failed to pay the balance consideration by a specified date, the earnest money would be forfeited, w…
SATBIR @ LAKHAversusSTATE OF HARYANA
2012 INSC 48118 October 2012Dismissed
The appellant, Satbir (also identified as A‑2), was in charge of collecting donations for a temple festival. After the festival, members of the complainant party questioned the use of the remaining funds, leading to a heated quarrel in a tailor's shop. The appellant and other accused restrained the complainants, after …
RATNAGIRI GAS & POWER PVT. LTD.versusRDS PROJECTS LTD. & ORS.
2012 INSC 48218 October 2012Appeal(s) allowed
The joint‑venture Ratnagiri Gas & Power Pvt. Ltd. (RGPPL) cancelled a breakwater tender after discovering that the lowest bidder, RDS Projects Ltd., did not meet the qualifying criteria of a 400‑metre offshore breakwater. RDS first withdrew a writ petition (8252/2010) with liberty to challenge its exclusion in a fresh …
KISHORE SAMRITEversusSTATE OF U.P. & ORS.
2012 INSC 48318 October 2012Disposed off
Kishore Samrite, a former MLA, filed writ petition No.111/2011 in the Allahabad High Court as a next friend of three residents of Amethi, alleging their illegal detention and a rape by Rahul Gandhi (respondent No.6). A second writ petition No.125/2011 was filed by Gajendra Pal Singh as a next friend of the same three p…
DEVINDER @ KALA RAM & ORS.versusTHE STATE OF HARYANA
2012 INSC 48418 October 2012Case Partly allowed
The appellants Devinder @ Kala Ram, his mother and his brother's wife were convicted under Sections 498-A and 304-B of the IPC for dowry harassment and the death of Devinder's wife by burns. The Supreme Court examined the evidence, finding that witnesses PW‑2 to PW‑5 reliably proved continuous dowry harassment, thereby…
SHREE SHYAM AGENCYversusUNION OF INDIA & OTHERS
2012 INSC 48518 October 2012Dismissed
Shree Shyam Agency, a sugar manufacturer, booked a consignment under a "Self" basis and retained the railway receipt, but the buyer failed to pay and the goods were delivered to a third party without authority. The agency filed a claim petition before the Railway Claims Tribunal seeking compensation for non‑delivery, a…
V. CHANDRASEKARAN & ANR.versusTHE ADMINISTRATIVE OFFICER & ORS.
2012 INSC 40718 September 2012Dismissed
The case concerned land acquired under the Land Acquisition Act, 1894 where a Section 4 notification was issued in 1978 and a Section 6 declaration in 1981 covering a parcel of land (the suit land). The original tenure‑holders accepted compensation under protest, did not file any objection under Section 5A, and later t…
STATE OF UTTARAKHAND & ORSversusGURU RAM DAS EDUCATIONAL TRUST SOCIETY
2012 INSC 40518 September 2012Dismissed
The State of Uttarakhand challenged the Assistant Collector's notice under Sections 166 and 167 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which declared 1.626 hectares of land transferred to the Guru Ram Das Educational Trust Society as excess and vested in the State. The High Court had held that the …
RAJASTHAN STATE ROAD TRANSPORT CORPORATIONversusPRESIDENT, RAJASTHAN ROADWAYS UNION & ANOTHER
2012 INSC 40618 September 2012Appeal(s) allowed
The appellant, Rajasthan State Road Transport Corporation, challenged a tribunal order granting a family pension to the widow of a deceased employee who had not opted for the Employees Family Pension Scheme, 1971. The employee had died in service in 1982 and his widow had already received the full contributory providen…
PUSHPANJALI SAHUversusSTATE OF ORISSA & ANR.
2012 INSC 40818 September 2012Appeal(s) allowed
The case involved a matron employed at a government women’s college hostel who alleged that the hostel night‑watchman raped her. The trial court convicted the accused under Section 376 of the Indian Penal Code and sentenced him to seven years’ imprisonment; the Sessions Court affirmed this sentence. The High Court, exe…
STATE OF RAJASTHANversusVINOD KUMAR
2012 INSC 24018 May 2012Appeal(s) allowed
The State of Rajasthan appealed against the Rajasthan High Court’s order reducing the sentences of Vinod Kumar and Heera Lal for rape (s.376 IPC) from the trial court‑imposed seven years to five years and eleven months respectively. The High Court reduced the sentences without recording any "adequate and special reason…
DESIYA MURPOKKU DRAVIDA KAZHAGAM & ANR.versusTHE ELECTION COMMISSION OF INDIA
2012 INSC 17618 April 2012Dismissed
The petitioners, including Desiya Murpokku Dravida Kazhagam, challenged the constitutional validity of the 2000 amendment to the Election Symbols (Reservation and Allotment) Order, 1968, which required a political party to secure at least 6% of the state's valid votes and win at least two legislative seats to be recogn…
REGIONAL PROVIDENT FUND COMMISSIONERversusTHE HOOGHLY MILLS CO. LTD. & ORS.
2012 INSC 3918 January 2012Appeal(s) allowed
The Regional Provident Fund Commissioner appealed against Hooghly Mills Co. Ltd., an exempted establishment under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, for defaulting on contributions. The High Court had held that the exemption barred the application of Sections 6, 7A, 8 and 14B, and tha…
BURDWAN CENTRAL COOPERATIVE BANK LTD.versusASIM CHATTERJEE & ORS.
2012 INSC 4018 January 2012Appeal(s) allowed
The appellant Burdwan Central Cooperative Bank dismissed Respondent No.1, a Grade‑III employee, on the ground of financial irregularities he allegedly committed while employed with an affiliated cooperative society (Raipur Krishi Unnayan Samity). The employee challenged the dismissal, arguing that the bank had no juris…
RAMESHBHAI DABHAI NAIKAversusSTATE OF GUJARAT & OTHERS
2012 INSC 3718 January 2012Appeal(s) allowed
Rameshbhai Dabhai Naika, whose mother belonged to the Nayak Scheduled Tribe and father was a Kshatriya, had his tribal certificate cancelled by a Scrutiny Committee and the Gujarat High Court upheld the cancellation, relying on Valsamma Paul, Punit Rai and Anjan Kumar. The Supreme Court examined whether a person born o…
ONKAR & ANR.versusSTATE OF U.P.
2012 INSC 3818 January 2012Dismissed
The case arose from a midnight attack on the house of complainant Jalsur on 22-23 March 1980, during which the deceased Onkar Singh was shot dead and Jalsur's son and daughter were injured. The appellants, along with five other accused, were convicted under Sections 302, 307 and 452 IPC read with Section 149 for murder…
GEETA MEHROTRA & ANR.versusSTATE OF U.P. & ANR.
2012 INSC 47817 October 2012Appeal(s) allowed
The wife filed an FIR in Allahabad alleging dowry harassment, physical and mental torture by her husband and his family, naming the husband, his parents, brother and sister. The brother and sister, who were unmarried, sought quashing of the criminal proceedings under Section 482 of the CrPC, claiming the FIR was filed …
BABA TEK SINGHversusUNION OF INDIA & ORS.
2012 INSC 40417 September 2012Disposed off
Baba Tek Singh alleged that the Union of India and other respondents were threatening his life, liberty and property and were trying to remove him from his positions in a Gurudwara and a trust. He had earlier filed a writ petition under Article 226 before the Punjab and Haryana High Court (CWP No.21234/2011) and obtain…
SUBHASH KRISHNANversusSTATE OF GOA
2012 INSC 33917 August 2012Dismissed
The appellant Subhash Krishnan was convicted for abduction, wrongful confinement and murder of Shanu Komarpant, alleged to have been assaulted with a talwar, knife and danda, rendered unconscious and later hanged. The prosecution relied on a complaint (Exhibit 96) by PW‑2, extensive eyewitness testimony, forensic repor…
CHANDI PRASAD UNIYAL AND ORS.versusSTATE OF UTTARAKHAND AND ORS.
2012 INSC 34017 August 2012Dismissed
The appellants, teachers and principals, challenged a High Court order directing recovery of excess salary paid due to irregular fixation of the 5th and 6th Pay Commission scales. The Supreme Court examined whether over‑payment made without any fraud or misrepresentation on the part of the employees could be reclaimed.…
STATE OF RAJASTHANversusDR. RAJKUMAR AGARWAL & ANR.
2012 INSC 34117 August 2012Appeal(s) allowed
The State of Rajasthan appealed against a Rajasthan High Court order that quashed an FIR registered under Sections 7 and 13(1)(d)(2) of the Prevention of Corruption Act, 1988 against Dr. Rajkumar Agarwal, a junior specialist surgeon, for allegedly accepting a bribe of Rs.1,500 in a police‑led trap. The High Court had r…
RANJAN DWIVEDIversusC.B.I., THROUGH THE DIRECTOR GENERAL
2012 INSC 34217 August 2012Dismissed
The petitioners, accused in the 1975 Samastipur bomb‑blast case, sought quashing of the trial on the ground that a 37‑year delay violated their right to a speedy trial under Article 21 of the Constitution. The Supreme Court examined the jurisprudence on speedy trial, noting that the right is implicit in Article 21 and …
M/S. MICHIGAN RUBBER (INDIA) LTD.versusTHE STATE OF KARNATAKA & ORS.
2012 INSC 33817 August 2012Dismissed
The Karnataka State Road Transport Corporation (KSRTC) issued a tender for tyres, tubes and flaps with pre‑qualification criteria requiring a minimum average supply of 5,000 sets to specified chassis manufacturers and a turnover of Rs.500 crore. Michigan Rubber (India) Ltd. challenged these criteria, alleging they were…
AJAY PANDIT @ JAGDISH DAYABHAI PATEL & ANR.versusSTATE OF MAHARASHTRA
2012 INSC 28917 July 2012Case Partly allowed
The accused, a dentist, lured vulnerable individuals with false promises of sending them to America, extracted large sums of money and murdered two victims in separate incidents while attempting to murder two others. Conviction under sections 419, 420, 302, 307, 397, 342 and 328 IPC was upheld based on eyewitness testi…
UNION OF INDIAversusIBRAHIM UDDIN & ANR.
2012 INSC 28817 July 2012Appeal(s) allowed
The plaintiff filed a suit seeking a declaration of title over agricultural land, alleging ancestral grant from the Maratha Government and a partition in 1819, while the Union of India contested the title. The trial court dismissed the suit, but the first appellate court reversed the decision by admitting a Will as add…
AMAR PAL SINGHversusSTATE OF U.P. AND ANR.
2012 INSC 23817 May 2012Appeal(s) allowed
A complainant filed an application under Section 156(3) of the CrPC before the Chief Judicial Magistrate (CJM) of Bulandshahar seeking a direction to the police to register an FIR for a shooting incident. The CJM dismissed the application. The complainant appealed to the Allahabad High Court, which set aside the CJM's …
HUIDROM KONUNGJAO SINGHversusSTATE OF MANIPUR & ORS.
2012 INSC 23917 May 2012Appeal(s) allowed
Huidrom Shantikumar Singh was arrested for murder under Section 302 IPC and the Arms Act and, while already in custody, a District Magistrate ordered his detention under Section 3(2) of the National Security Act (NSA) on the basis that he might be released on bail in a similar case and could engage in activities prejud…
HIRALAL PANDEY AND ORS.versusSTATE OF U.P
2012 INSC 17417 April 2012Dismissed
The Supreme Court upheld the conviction of three accused who fired on a motorcycle, killing Raja Ram Singh and Kunj Behari Singh on 22 September 1979. The prosecution relied on two eyewitnesses, PW‑1 (the complainant) and PW‑2, who testified that the accused fired multiple shots from a double‑barrel gun, a single‑barre…
UNITED INDIA INSURANCE CO. LTD.versusLAXMAMMA & ORS.
2012 INSC 17517 April 2012Dismissed
The owner of a bus paid the premium for a motor vehicle insurance policy by cheque, which later bounced. The bus was involved in an accident causing the death of a passenger, and the claimants sought compensation from the insurer, United India Insurance Co. Ltd. The insurer argued that the policy was void due to non-pa…
RATTIRAM & ORS.versusSTATE OF M. P. THROUGH INSPECTOR OF POLICE
2012 INSC 9417 February 2012
The appellants were convicted by a Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for offences under the IPC. They challenged the conviction on the ground that the Special Court, being a Court of Session, had taken cognizance without a committal order as required by S…
CATHOLIC SYRIAN BANK LTD.versusCOMMISSIONER OF INCOME TAX, THRISSUR
2012 INSC 9517 February 2012Disposed off
Catholic Syrian Bank Ltd. appealed against the Commissioner of Income Tax, Thrissur, challenging the denial of a deduction for bad debts under Section 36(1)(vii) of the Income Tax Act, 1961. The bank argued that deductions under Section 36(1)(vii) (write‑off of irrecoverable debts) are independent of those under Sectio…
A.V.M. SALES CORPORATIONversusM/S. ANURADHA CHEMICALS PVT. LTD.
2012 INSC 3517 January 2012Case Allowed
The parties entered into a supply agreement at Calcutta (place 'C') and a mutual understanding that any dispute would be litigated exclusively in Calcutta courts. When a dispute arose, the petitioner filed a suit in Calcutta, but the respondent filed a separate suit in Vijayawada (place 'V'), which was decreed in the r…
VASANTI DUBEYversusSTATE OF MADHYA PRADESH
2012 INSC 3617 January 2012Appeal(s) allowed
The appellant, a Block Development Officer, was accused by a contractor of demanding a bribe in connection with a road contract. The Lokayukta investigated, found the complaint to be false, and submitted a closure report to the Special Judge. The Special Judge rejected the closure report twice, directing the police to …
SUGAR MILLS ASSOCIATION & ORS .versusSTATE OF UTTAR PRADESH & ORS.
2012 INSC 3317 January 2012Matter referred to larger bench
The Supreme Court examined a series of civil appeals concerning the payment of outstanding principal amounts to sugarcane growers by sugar factories in Uttar Pradesh. The crux of the dispute was whether the State Government could fix a State Advised Price (SAP) for sugarcane that exceeds the minimum price fixed by the …
STATE OF GUJARAT & OTHERSversusESSAR OIL LIMITED AND ANOTHER
2012 INSC 3417 January 2012Appeal(s) allowed
The State of Gujarat introduced a Capital Investment Incentive Scheme offering sales‑tax deferment to new industrial units that had to commence commercial production by a prescribed date. Essar Oil Ltd, a premier unit, was delayed in starting production because the Gujarat High Court, in several public‑interest litigat…
STATE OF GUJARAT AND ANR.versusGUJARAT REVENUE TRIBUNAL BAR ASSOCIATION AND ANR.
2012 INSC 47616 October 2012Dismissed
The State of Gujarat appointed the Secretary to the Government as President of the Gujarat Revenue Tribunal, a move challenged on the ground that the post is a judicial office and requires the High Court's consultation under Article 234 of the Constitution. The Gujarat High Court held that the Tribunal is a "court" and…
KANWAR SINGH MEENAversusSTATE OF RAJASTHAN & ANR.
2012 INSC 47716 October 2012Disposed off
The appellant, brother of the murder victim, challenged the Rajasthan High Court’s order granting bail to the accused, Khushi Ram Meena, in a case involving murder and related offences (IPC ss.147,148,149,364,302). The Supreme Court examined the principles governing bail under Section 439(2) of the CrPC, emphasizing th…
SELVAMversusTHE STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE
2012 INSC 47516 October 2012Case Partly allowed
The case arose from a land dispute that led to an assault on 16 November 2006, during which the accused A‑1, A‑6 and A‑7 struck the victim's head with the blunt side of an aruval and a stick, causing injuries that led to the victim's death after nine days. The trial court and the High Court had convicted the three accu…
RAVI KAPURversusSTATE OF RAJASTHAN
2012 INSC 33316 August 2012Dismissed
The appellant Ravi Kapur was charged under IPC sections 279, 337, 338 and 304A for a bus accident that caused multiple deaths and injuries. The trial court acquitted him, holding that the prosecution failed to prove his identity as the driver and that procedural lapses, such as the absence of a test identification para…
VICE CHANCELLOR, GURU GHASIDAS UNIVERSITYversusCRAIG MCLEOD
2012 INSC 33416 August 2012Disposed off
The Vice Chancellor of Guru Ghasidas University sought to discipline a student, Craig McLeod, for allegedly assaulting a professor, suspending him and restraining his campus access. The High Court stayed the university's interim orders, prompting the university to appeal to the Supreme Court under Article 136. The Supr…
RAJU JHURANIversusM/S GERMINDA PVT. LTD.
2012 INSC 33516 August 2012Case Partly allowed
The landlord, Raju Jhurni, obtained an eviction decree against the tenant company under the West Bengal Premises Tenancy Act, 1956, but the decree did not determine the arrears of rent. He then filed a winding‑up petition before the Company Court under Sections 433, 434 and 439 of the Companies Act, 1956, seeking recov…
SUPREME COURT BAR ASSOCIATION & ORS.versusB.D. KAUSHIK
2012 INSC 33616 August 2012Case Partly allowed
The Supreme Court Bar Association (SCBA) and the Supreme Court Advocate‑on‑Record Association (SCAORA) filed IA No.6 seeking clarification of a judgment dated 20 July 2012 that applied the "ONE BAR ONE VOTE" principle to bar‑association elections. The earlier judgment excluded from voting in SCBA elections any person w…
PATHAN HUSSAIN BASHAversusSTATE OF A.P.
2012 INSC 33716 August 2012Case Partly allowed
The husband (Pathan Hussain Basha) and his mother‑in‑law were convicted under Sections 304‑B (dowry death) and 498A of the IPC for the suicide of the wife, who had been harassed for unpaid dowry. The Supreme Court examined whether the statutory ingredients of a dowry death were satisfied and whether the onus of proving…
PUNJAB URBAN PLANNING & DEV. AUTHORITY & ORS.versusRAGHU NATH GUPTA & ORS.
2012 INSC 33216 August 2012Appeal(s) allowed
The Punjab Urban Planning & Development Authority (PUDA) conducted a public auction of commercial plots on an "as is where is" basis, offering installment payment with interest, penal interest and penalty for delayed installments. The successful bidder, Raghu Nath Gupta, accepted the allotment and later claimed that PU…
ASHOK KUMAR RATILAL PATELversusUNION OF INDIA AND ANR.
2012 INSC 28316 July 2012Appeal(s) allowed
Dr. Ashok Kumar Ratilal Patel, a Director at North Gujarat University, applied for the post of Director on deputation at AICTE after a public advertisement. He was selected, offered appointment, and accepted the terms, which allowed him to either draw the deputation pay or retain his higher parent‑department pay with a…
SUSHILA TIWARY AND OTHERSversusALLAHABAD BANK AND OTHERS
2012 INSC 28416 July 2012Dismissed
Shri Ravindra Nath Tiwary, a Special Assistant of Allahabad Bank, was suspended and charged with offences under IPC sections 468 and 477A. He was convicted, dismissed from service under Clause 19.6(a) of the 1966 Bi‑partite Settlement, and later acquitted on appeal by the benefit of doubt. The Bank then issued a notice…
V.S. KANODIA ETC. ETC.versusA.L.MUTHU (D) THR. LRS. & ANR
2012 INSC 28516 July 2012Case Partly allowed
The tenants (appellants) occupied three non‑residential premises in Chennai. For the first premises, the Rent Controller had fixed the fair rent using a market value of the land of Rs 25 lakhs per ground, and appeals against that order were pending. For the second and third premises, the appellate authority fixed highe…
AZIM AHMAD KAZMI AND ORS.versusSTATE OF U.P. & ANR.
2012 INSC 28616 July 2012Disposed off
The Supreme Court examined a dispute where the Uttar Pradesh Government, under a lease deed dated 19 March 1996, cancelled the lease of a plot in Allahabad and resumed possession for public purposes such as extending the High Court building. The lessees challenged the cancellation, alleging violation of Article 14 and …
GIRIMALLAPPAversusTHE SPECIAL LAND ACQUISITION OFFICER M & MIP & ANR
2012 INSC 28716 July 2012Dismissed
The petitioner’s 11‑acre land in Gobbur village was acquired under Section 4(1) of the Land Acquisition Act, 1894 and initially awarded a market value of Rs. 3,800 per acre. He later sought a higher valuation through a Section 28‑A application, a remedy intended only for poor and inarticulate persons, and obtained Rs. …
HARDEEP KAURversusMALKIAT KAUR
2012 INSC 13616 March 2012Appeal(s) allowed
The dispute involved a suit for specific performance of a land sale agreement where the trial court decreed specific performance, the District Judge reversed the decree and ordered a refund of earnest money, and the High Court allowed a second appeal, set aside the District Judge’s order and restored the trial court de…
HEAD MASTER, LAWRENCE SCHOOL LOVEDALEversusJAYANTHI RAGHU & ANR.
2012 INSC 13716 March 2012Appeal(s) allowed
The appellant school terminated the services of a teacher who had been appointed on a two‑year probation, extendable by one year, after she allegedly received an unauthorized amount. The termination order was challenged, and the High Court initially set it aside, later holding that the teacher became a confirmed employ…
NTPC LIMITEDversusANSALDO CALDAIE BOILERS INDIA P. LTD. & ANR.
2012 INSC 9316 February 2012Appeal(s) allowed
NTPC Ltd invited bids for a super‑critical steam‑generator package and rejected the bid of Ansaldo Caldaie Boilers India Ltd on the ground that its proposed Qualified Steam Generator Manufacturer had not designed and engineered the evaporator, an integral part of the generator, but had outsourced its manufacture to a t…
ARCHAEOLOGICAL SURVEY OF INDIAversusNARENDER ANAND AND OTHERS
2012 INSC 3016 January 2012Disposed off
The Supreme Court examined whether Jantar Mantar, New Delhi, is a protected monument and whether the 1992 notification declaring a 100‑metre prohibited area around it applies to a plot where the respondents sought to construct a multistoried building. The Court held that the 1956 notification declaring Jantar Mantar a …
J. SAMUEL AND OTHERSversusGATTU MAHESH AND OTHERS
2012 INSC 3116 January 2012Appeal(s) allowed
The respondents filed a suit for specific performance of a sale contract, but their plaint omitted the mandatory averment under Section 16(c) of the Specific Relief Act that they were ready and willing to perform. After the trial concluded and the matter was reserved for judgment, they sought to amend the plaint under …
MAULANA MOHD. AMIR RASHADIversusSTATE OF U.P. & ANR.
2012 INSC 3216 January 2012Dismissed
The appellant, president of a political party, alleged that the second respondent, a sitting Member of Parliament, attacked his convoy on 12 August 2009, resulting in one death and one injury. The second respondent was arrested and later filed a bail application, which the High Court granted conditionally despite the a…
C. SHAKUNTHALA & ORS.versusH.P. UDAYAKUMAR & ANR.
2012 INSC 2816 January 2012Appeal(s) allowed
The appellants, children and legal representatives of the deceased landlord, filed a contempt petition under Section 11(2) of the Contempt of Courts Act, 1971, alleging that the respondents had abused the process of the court by filing a second application in execution proceedings. The High Court Division Bench on 9 Ju…
M/S. NATIONAL SEEDS CORPORATION LTD.versusM. MADHUSUDHAN REDDY AND ANOTHER
2012 INSC 2916 January 2012Dismissed
Farmers who bought foundation seeds from National Seeds Corporation (NSC) alleged crop failure due to defective seeds and sought compensation under the Consumer Protection Act, 1986. NSC contended that the Seeds Act, 1966 was a special law that exclusively governed seed quality disputes, that the growers were not "cons…
PUBLIC UNION FOR CIVIL LIBERTIESversusSTATE OF TAMIL NADU & ORS.
2012 INSC 47215 October 2012Disposed off
The Public Union for Civil Liberties filed a public‑interest writ petition seeking enforcement of the Bonded Labour System (Abolition) Act, 1976 and the rehabilitation of freed bonded labourers. The Supreme Court examined the persistent non‑compliance of several states and Union Territories with earlier court direction…
STATE OF MAHARASHTRA THROUGH CBI, ANTI CORRUPTION BRANCH, MUMBAIversusBALAKRISHNA DATTATRYA KUMBHAR
2012 INSC 47315 October 2012Appeal(s) allowed
Balakrishna Dattatraya Kumbhar, a Superintendent of Central Excise, was convicted under Sections 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 for possessing disproportionate assets. Following his conviction he was suspended and served a show‑cause notice for dismissal under the CCS (CCA) Rules. He filed…
UCO BANK & ORS.versusSUSHIL KUMAR SAHA
2012 INSC 47415 October 2012Appeal(s) allowed
The respondent, a senior manager of UCO Bank, was transferred to the head office where the bank discovered serious loan sanctioning irregularities committed during his tenure at a branch. The bank issued a charge‑sheet and, under a 2004 note and circular, the Assistant General Manager (AGM) of the former branch initiat…
THOTI MANOHARversusSTATE OF ANDHRA PRADESH
2012 INSC 23715 May 2012Dismissed
The appellant, Thoti Manohar (A‑2), was convicted along with his brother (A‑1) and cousin (A‑3) for the murder of Kuppuswamy Modali and related offences. The prosecution alleged that A‑1 had an illicit relationship with the victim's cousin, leading to a series of disputes, cattle raids, and a violent confrontation on 2…
N.K. BAJPAIversusUNION OF INDIA AND ANR.
2012 INSC 13415 March 2012Dismissed
The petitioners, former members of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), challenged Section 129(6) of the Customs Act, 1962, which bars a person who has ceased to be a President, Vice‑President or Member of the Tribunal from appearing before it. They argued that the provision was ultra‑vires …
BHAJJU @ KARAN SINGHversusSTATE OF M.P.
2012 INSC 13315 March 2012Dismissed
The appellant Bhajju (Karan Singh) was convicted of murder for allegedly pouring kerosene on his wife and setting her ablaze. The sole direct evidence against him was the victim's dying declaration recorded by an executive magistrate and attested by a doctor, supported by medical, forensic and material evidence. The ap…
GOVINDARAJU@ GOVINDAversusSTATE BY SRIRAMAPURAM P.S. & ANR.
2012 INSC 13515 March 2012Appeal(s) allowed
The Supreme Court reviewed an appeal by Govindaraju against a Karnataka High Court conviction for murder under s.302 IPC read with s.34, which had overturned a trial court acquittal. The Court found that the High Court did not show the trial court's judgment to be perverse and that the prosecution's case suffered from …
KAPIL MUNI KARWARIYAversusCHANDRA NARAIN TRIPATHI
2012 INSC 9215 February 2012Dismissed
In the 51‑Phulpur Lok Sabha election, Kapil Muni Karwaria was declared elected after the Returning Officer rejected Chandra Narain Tripathi's nomination for lacking the required ten proposers under Section 33 of the Representation of the People Act, 1951, because the second proposer, Pramod Kumar, had been deleted from…
KRUSHNAKANT B. PARMARversusUNION OF INDIA & ANR.
2012 INSC 9015 February 2012Appeal(s) allowed
Krushnakant B. Parmar, a Security Assistant, was dismissed for alleged unauthorised absence from duty over three periods, alleged to violate Rule 3(1)(ii) and (iii) of the Central Civil Services (Conduct) Rules, 1964. Parmar contended that he was prevented from signing the attendance register by his controlling officer…
RAJVIR SINGHversusSECRETARY, MINISTRY OF DEFENCE & OTHERS
2012 INSC 9115 February 2012Appeal(s) allowed
Colonel Rajvir Singh, an officiating commandant at the Central Ordnance Depot, was alleged to have caused a loss of Rs.60.18 lakh through irregular procurement. The Armed Forces Tribunal ordered a General Court Martial (GCM) to be re‑assembled, but Singh contended that the GCM was barred by the three‑year limitation un…
SOMANversusSTATE OF KERALA
2012 INSC 61614 December 2012Dismissed
The appellant, a retail vendor, was convicted for selling spurious liquor adulterated with methyl alcohol that caused one death and serious illness to many. The trial court sentenced him to two years rigorous imprisonment on each count; the High Court enhanced the term to five years, citing the death as an aggravating …
Y.K. SINGLAversusPUNJAB NATIONAL BANK & ORS.
2012 INSC 61914 December 2012Disposed off
Y.K. Singla, a former chief manager of Punjab National Bank, retired on superannuation in 1996 but his gratuity and other retiral benefits were withheld pending criminal proceedings alleging conspiracy. He was acquitted in 2009 and subsequently received his gratuity and leave encashment, but the bank paid interest only…
ATTAR SINGHversusSTATE OF MAHARASHTRA
2012 INSC 62014 December 2012Case Partly allowed
The appellant, Attar Singh, was convicted of murder under Section 302 IPC for killing his wife by striking her with a wooden log, and was also tried under Section 498A IPC for cruelty. The trial court relied heavily on the testimony of the couple's daughter, who later turned hostile, but the court also considered medic…
MST. PARAM PAL SINGH THROUGH FATHERversusM/S NATIONAL INSURANCE CO. & ANR.
2012 INSC 62114 December 2012Appeal(s) allowed
The appellant, an adopted son of a truck driver who died while driving a long‑distance haul, claimed compensation under the Workmen's Compensation Act, 1923. The Supreme Court examined whether the adoption was valid under Hindu law and whether the driver’s death constituted an "accident" arising out of and in the cours…
RAM VISWASversusTHE STATE OF MADHYA PRADESH
2012 INSC 61314 December 2012Dismissed
The appellant, Ram Viswas, was convicted of murdering his wife by pouring kerosene on her and setting her ablaze. The victim, Maladeep, gave a dying declaration naming her husband as the perpetrator, which was recorded by a Naib Tahsildar after medical certification of her fitness to testify. The appellant challenged t…
KUMAR ETC. ETC.versusKARNATAKA INDUSTRIAL COOP. BANK LTD. & ANR.
2012 INSC 61414 December 2012Appeal(s) allowed
The Karnataka Industrial Co-operative Bank alleged that the appellants obtained loans by pledging fake gold ornaments and secured convictions in a criminal revision proceeding. The trial court had acquitted the appellants, but the High Court, exercising its revisional jurisdiction under Sections 397 and 401 of the CrPC…
SR. DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION LTD. THROUGH POA HOLDERS & ANR.versusASHOK SHANKARLAL GWALANI
2012 INSC 61514 December 2012Appeal(s) allowed
The Indian Oil Corporation Ltd. (appellant) invited applications for petrol/diesel retail outlets in Maharashtra. Ashok Shankarlal Gwalani (respondent) applied and was placed second in the first merit list, but the selection was cancelled after complaints about financial documentation and attested papers. A second roun…
PRADIP KUMARversusUNION OF INDIA AND ORS.
2012 INSC 61214 December 2012Disposed off
Pradip Kumar, a Judicial Member of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) appointed directly from the Bar, was discharged from service on 20 November 2009 under Rule 8(3) of the Tribunal Rules, allegedly in response to a complaint by members of the Bar and a report by the President of CESTAT. T…
CHANDRADHOJA SAHOOversusSTATE OF ORISSA AND OTHERS
2012 INSC 61714 December 2012Appeal(s) allowed
The appellant, Chandradhoja Sahoo, claimed to be a landless person who was granted a lease of two acres of surplus government land in 1979, but the Record of Rights was never corrected. The State of Orissa alleged that the 1979 case file, including the lease order, was forged and that the land, recorded as "kanta jungl…
LAHU KAMLAKAR PATIL AND ANR.versusSTATE OF MAHARASHTRA
2012 INSC 61814 December 2012Appeal(s) allowed
The appellants were convicted for the murder of a man named Bhau Harishchandra Patil based on the testimony of PW‑2, an alleged eye‑witness, and PW‑1, an informant who later turned hostile. The Supreme Court examined whether the hostile witness’s evidence could be wholly rejected, whether the investigating officer shou…
BHARTIYA SEVA SAMAJ TRUST TR. PRES. & ANR.versusYOGESHBHAI AMBALAL PATEL & ANR.
2012 INSC 39914 September 2012Dismissed
The appellant, Bhartiya Seva Samaj Trust, terminated the services of respondent‑teacher Yogeshbhai Patel alleging he lacked the statutory qualification of Primary Teachers Certificate required under the Bombay Primary Education (Gujarat Amendment) Act, 1986. The Gujarat Primary Education Tribunal and the High Court set…
STATE OF GUJARAT & ORS.versusARVINDKUMAR T. TIWARI & ANR.
2012 INSC 40014 September 2012Appeal(s) allowed
The appellant State of Gujarat challenged the High Court's order that directed a compassionate appointment of the respondent Arvindkumar Tiwari, who had applied for a Class IV peon post after his father's death. The respondent had only passed up to the 8th standard and the family income exceeded the limit set for compa…
TULSHIRAM SAHADU SURYAWANSHI & ANR.versusSTATE OF MAHARASHTRA
2012 INSC 40114 September 2012Dismissed
The appellants, a married couple and their son, were convicted for the murder of the son's wife, who was allegedly killed by being tied with a saree border and thrown into a well over a dowry demand. The trial court and High Court upheld convictions under IPC sections 302, 304B, 498A read with section 34, based solely …
DR. SUNIL CLIFFORD DANIELversusSTATE OF PUNJAB
2012 INSC 40214 September 2012Dismissed
Dr. Sunil Clifford Daniel was convicted for the murder of his wife, Dr. Loyalla Shagoufta, and for concealing her death under IPC sections 302 and 201. The prosecution relied on a series of circumstantial facts – blood‑stained clothes handed to a medical superintendent, forensic evidence of human blood on recovered ite…
MUSTAFA SHAHADAL SHAIKHversusTHE STATE OF MAHARASHTRA
2012 INSC 40314 September 2012Dismissed
The appellant, Mustafa Shahadal Shaikh, was convicted for the dowry death of his wife, who committed suicide by poisoning within seven months of marriage. The prosecution relied on the testimony of the deceased's close relatives, who detailed repeated harassment and demands for dowry by the appellant and his family, in…
ASHOK SADARANGANI & ANR.versusUNION OF !NOIA & ORS.
2012 INSC 13214 March 2012Dismissed
The petitioners, who had obtained large credit facilities from two banks by allegedly submitting forged lease documents as collateral, defaulted on payments and were prosecuted for fraud and related offences. The banks later settled the civil dues through a one‑time settlement, and the petitioners sought to have the cr…
JAI PRAKASH SINGHversusTHE STATE OF BIHAR & ANR. ETC.
2012 INSC 13014 March 2012Disposed off
The appellant filed an FIR alleging that the respondents opened indiscriminate fire on the deceased, resulting in his death, and the respondents later obtained anticipatory bail under Section 438 of the CrPC. The Sessions Judge rejected the bail, but the Patna High Court granted it, citing an old dispute and the respon…
BHUSHAN POWER AND STEEL LTD. AND ORS.versusSTATE OF ORISSA AND ANR.
2012 INSC 13114 March 2012Appeal(s) allowed
Bhushan Power & Steel Ltd. (appellant) entered into a Memorandum of Understanding (MOU) with the State of Orissa on 15 May 2002, wherein the State agreed to recommend iron‑ore mining leases for the appellant’s integrated steel plant. After restructuring of the Bhushan group, the State claimed the MOU had ceased and dem…
KISHAN CHANDversusSTATE OF HARYANA
2012 INSC 58813 December 2012Appeal(s) allowed
Kishan Chand was convicted under Section 18 of the NDNDPS Act for allegedly possessing 3.8 kg of opium recovered from his scooter after a police raid based on secret information. The appellant challenged the conviction, arguing that the police failed to comply with the mandatory requirements of Sections 42(1) and 42(2)…
BIHAR PUBLIC SERVICE COMMISSIONversusSAIYED HUSSAIN ABBAS RIZWI & ANR.
2012 INSC 58913 December 2012Appeal(s) allowed
The Bihar Public Service Commission (BPSC) was petitioned under the Right to Information Act, 2005 for the names, designations and addresses of members of its interview board. While the Commission disclosed most of the requested information, it refused to reveal the interviewers' details, invoking Section 8(1)(g) of th…
PARSHAVANATH CHARITABLE TRUST & ORS.versusALL INDIA COUNCIL FOR TECH. EDU & ORS.
2012 INSC 59113 December 2012Dismissed
The Parshavanath Charitable Trust ran an engineering college that shifted to a new site in May 2008 without obtaining the No‑Objection Certificate or prior approval required under Clause 9.22 of the AICTE Handbook. Although AICTE later granted approval for the 2008‑09 and 2009‑10 academic years, the approvals expressly…
STATE OF PUNJABversusGIAN CHAND & ORS.
2012 INSC 59413 December 2012Case Partly allowed
Employees of the Punjab State Electricity Board who retired between 31 July 2003 and 30 October 2006 challenged a circular dated 29 July 2003 that replaced the pension‑commutation table, alleging it was arbitrary, discriminatory and violative of Article 14. The High Court quashed the circular and restored pension calcu…
RADHAKRISHNA NAGESHversusSTATE OF ANDHRA PRADESH
2012 INSC 59513 December 2012Dismissed
The appellant, a ball‑picker at a university tennis court, was convicted under Sections 363 and 376(2)(f) IPC for raping an 11‑year‑old maid after luring her with the promise of bangles and taking her into a storeroom. The trial court had acquitted him, but the High Court reversed that judgment on the basis of eye‑witn…
STATE OF MADHYA PRADESH & ORS.versusKU. SANDHYA TOMAR & ANR.
2012 INSC 60213 December 2012Appeal(s) allowed
Respondent No.1 was temporarily appointed as Project Director of the Child Labour Elimination & Rehabilitation Society through the Employment Exchange without any public advertisement. She later left the Society to join a post in the Panchayat & Rural Development Department, was repatriated but was not allowed to rejoi…
BUDHI SINGHversusSTATE OF H.P.
2012 INSC 60313 December 2012Disposed off
Budhi Singh, the younger brother of Ganga Ram, was charged with murder after he struck his drunken brother on the head with a small axe (tobru) when their father was being assaulted. The trial court convicted him under Section 302 IPC and sentenced him to life imprisonment; the High Court affirmed. On appeal, the Supre…
SUKHDEV SINGHversusSTATE OF HARYANA
2012 INSC 60813 December 2012Appeal(s) allowed
The appellant was arrested after a raid on his house on 4 February 1994, during which poppy husk was seized and he was convicted under Section 15 of the NDPS Act. The sole issue raised was that the investigating officer failed to reduce the secret information to writing and report it to his superior officer as required…
JEEWAN & ORS.versusSTATE OF UTTARAKHAND
2012 INSC 61113 December 2012Dismissed
The appellants were convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for stabbing the deceased while two others held him, based on eyewitness testimony of three witnesses and medical evidence. They challenged the conviction on four grounds: denial of a fair hearing before the High Cou…
DIRECTOR GENERAL OF POSTS & ORS.versusK. CHANDRASHEKAR RAO
2012 INSC 59913 December 2012Dismissed
The Supreme Court examined the validity of terminating appointments made under the 1998 Compassionate Appointment Scheme, which allowed up to 5% of direct‑recruitment vacancies in Group C/D posts to be filled on compassionate grounds. Office Memorandums issued in 2001, 2002 and 2006 altered the method of calculating th…
PRIYA GUPTA AND ANR.versusADDL. SECY. MINISTRY OF HEALTH AND FAMILY WELFARE AND ORS.
2012 INSC 60113 December 2012
The Supreme Court entertained suo motu contempt petitions arising from its own directions on medical college admissions in Chhattisgarh, finding that the Director of Medical Education, Dr. S.L. Adile, and four other officials wilfully flouted the Court's schedule and admitted two candidates, including the Director's da…
MANOHAR S/O MANIKRAO ANCHULEversusSTATE OF MAHARASHTRA AND ANR
2012 INSC 60413 December 2012Appeal(s) allowed
Manohar, a former Superintendent and Public Information Officer, was recommended for disciplinary action by the Maharashtra State Information Commission for allegedly failing to provide information under the Right to Information Act, 2005. The Commission issued its order without hearing the officer, despite his request…
VINAY TYAGIversusIRSHAD ALI @ DEEPAK & ORS.
2012 INSC 58713 December 2012Case Partly allowed
The case concerned an FIR alleging terrorist activities against Irshad Ali and another accused, who claimed to be informers and were allegedly falsely implicated. The Delhi Special Cell filed a police report under Section 173(2) CrPC, after which the High Court ordered a CBI inquiry and later a closure report. The tria…
SANDESH ALIAS SAINATH KAILASH ABHANGversusSTATE OF MAHARASHTRA
2012 INSC 59013 December 2012Case Partly allowed
The appellant, Sandesh alias Sainath Kailash Abhang, entered a house pretending to be a mechanic, robbed valuables, brutally assaulted the elderly resident and a five‑month‑pregnant woman, inflicted numerous injuries, amputated fingers, and raped the pregnant woman before killing the elderly lady. He was found to be un…
SAHABUDDIN & ANR.versusSTATE OF ASSAM
2012 INSC 59213 December 2012Dismissed
The appellant Sahabuddin and his brother‑in‑law Sarifuddin were convicted for the murder of Sahabuddin's wife, Sajna Begum, based on circumstantial evidence and the testimony of several relatives who observed injuries on the deceased. The prosecution established a chain of events showing the victim's reluctance to retu…
COURT ON ITS OWN MOTIONversusUNION OF INDIA & ORS.
2012 INSC 59313 December 2012Disposed off
The Supreme Court, on its own motion, took notice of press reports of numerous deaths and inadequate facilities during the 2012 Amarnath Yatra. It issued notices to the Union of India, the State of Jammu & Kashmir and the Amarnath Shrine Board, and constituted a Special High Powered Committee (SHPC) to examine health, …
YANAB SHEIKH@ GAGUversusSTATE OF WEST BENGAL
2012 INSC 59613 December 2012Dismissed
The appellant Yanab Sheikh was convicted for murdering Samim Ali by throwing a bomb, under IPC s.302 and the Indian Explosives Act s.9(b)(ii). The prosecution’s case rested on eyewitness statements and forensic evidence. The appellant challenged the conviction on five grounds, chiefly that the police entry recorded as …
THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT OF MAHARASHTRAversusS.C. MALTE & ORS.
2012 INSC 59713 December 2012Matter referred to larger bench
Retired judges of the Bombay High Court complained that the Central Government Health Scheme (CGHS) was unavailable in many areas, limiting their medical treatment and reimbursement. The Bombay High Court, treating the complaint as a suo motu writ, directed the Maharashtra Government to frame rules under Section 230 of…
STATE OF U.P. & ORS.versusASHOK KUMAR NIGAM
2012 INSC 59813 December 2012Dismissed
Ashok Kumar Nigam, a District Government Counsel, applied for renewal of his term. The State Government declined renewal by a blanket order dated 3 April 2008, without considering the recommendations of the District Judge and District Magistrate as required by the Legal Remembrancer's Manual. The High Court set aside t…
MAA VAISHNO DEVI MAHILA MAHAVIDYALAYAversusSTATE OF U.P. & ORS.
2012 INSC 60013 December 2012Disposed off
The Supreme Court considered multiple writ petitions and appeals filed by private teacher‑education colleges, including Maa Vaishno Devi Mahila Mahavidyalaya, which had obtained recognition from the National Council for Teacher Education (NCTE) but were denied affiliation by universities and the Uttar Pradesh State Gov…
KRISHANversusSTATE OF HARYANA
2012 INSC 60513 December 2012Dismissed
Krishan was charged under Sections 302, 498A and 109 read with Section 34 of the IPC for allegedly setting his wife Rani on fire. Rani gave a dying declaration implicating Krishan, which was recorded by a Sub‑Divisional Judicial Magistrate after a medical certificate of fitness. The trial court acquitted Krishan, relyi…
ANJU CHAUDHARYversusSTATE OF U.P. & ANR.
2012 INSC 60613 December 2012Dismissed
The case concerned whether a second FIR could be registered in relation to communal violence in Gorakhpur and whether the accused was entitled to a hearing before such registration. The appellant, Anju Chaudhary, challenged a High Court order directing the magistrate to register a new FIR under Section 156(3) CrPC, arg…
AKHILESH YADAV ETC. ETC.versusVISHWANATH CHATURVEDI & ORS.
2012 INSC 60713 December 2012Disposed off
The Supreme Court reviewed a 2007 order that directed the Central Bureau of Investigation (CBI) to inquire into alleged disproportionate assets of a political family and to submit its report to the Union of India. The petitioners sought a review, arguing that the Court lacked jurisdiction to order a CBI inquiry without…
ASHOK KUMARversusSTATE OF UTTARAKHAND & ORS.
2012 INSC 60913 December 2012Disposed off
Ashok Kumar filed a civil suit for a temporary injunction against Mona Sharma, seeking peaceful possession of a disputed land. While the suit was pending, Mona Sharma filed an application under Section 145 of the CrPC, leading the Sub‑Divisional Magistrate (SOM) to attach the property under Section 146(1) on the ground…
HARADHAN DASversusSTATE OF WEST BENGAL
2012 INSC 61013 December 2012Dismissed
Haradhan Das was convicted for murder under Section 302 read with Section 149 of the IPC for a dacoity in which the deceased Barindra Nath Mukherjee was killed. The trial court had acquitted three co‑accused on the ground of non‑identification, but the Supreme Court held that the prosecution proved its case against the…
ASHWANI KUMAR SAXENAversusSTATE OF M.P.
2012 INSC 39513 September 2012Appeal(s) allowed
The appellant, Ashwani Kumar Saxena, was convicted of murder under IPC s.302 r.w. s.27 Arms Act and appealed, claiming he was a juvenile at the time of the offence (19‑Oct‑2008). He produced school mark‑sheets and the school admission register showing a birth date of 24‑Oct‑1990, while the trial court relied on ossific…
KURIA & ANR.versusSTATE OF RAJASTHAN
2012 INSC 39613 September 2012Dismissed
The State of Rajasthan prosecuted fifteen persons for murder and kidnapping under Sections 302, 364 read with Section 34 IPC, alleging a land‑related dispute and a group assault on the deceased. Four eye‑witnesses, including a relative of the victim, identified the accused, while two of those witnesses turned hostile. …
RAMESH AHLUWALIAversusSTATE OF PUNJAB & ORS.
2012 INSC 39413 September 2012Disposed off
Ramesh Ahluwalia, an administrative officer of the private unaided DAV Public School, was removed from service following a disciplinary inquiry in which the principal, who also acted as a management witness, participated. Ahluwalia challenged the removal by filing a writ petition under Article 226, contending that the …
GAJOOversusSTATE OF UTTARAKHAND
2012 INSC 39313 September 2012Dismissed
The appellant Gajoo, the brother‑in‑law of the deceased Taradevi, was convicted of murder under Section 302 IPC for allegedly assaulting the victim with a daranti and strangling her while her elder son held her down. The appellant challenged the conviction on grounds that the eye‑witnesses were relatives and thus unrel…
AMIT KAPOORversusRAMESH CHANDER & ANR.
2012 INSC 39813 September 2012Appeal(s) allowed
The appellant, the son of a woman who committed suicide, challenged the High Court's order quashing the charge of abetment of suicide (IPC s.306) framed against the accused property dealer. The Supreme Court examined whether the High Court had correctly exercised its revisional (s.397) and inherent (s.482) powers of th…
CHAIRMAN & CEO, NOIDA & ANR.versusMANGE RAM SHARMA (D) THR. LRS & ANR.
2012 INSC 39713 September 2012Dismissed
The Supreme Court directed the New Okhla Industrial Development Authority (NOIDA) to issue a Special Scheme for allotting plots for nursing homes. The Scheme contained Clause 3, permitting a tenderer to bid for up to two plots if its net‑worth exceeded the aggregate requirement, and Paragraph 4 excluded persons who had…
DELHI RACE CLUB LTD.versusUNION OF INDIA AND ORS.
2012 INSC 28213 July 2012Dismissed
The Delhi Race Club challenged the constitutional validity of the Mysore Race Courses Licensing Act, 1952 (as extended to Delhi) and its 2001 amendment that raised the licence fee for horse racing ten‑fold. The club argued that Section 11(2) gave the Administrator unfettered power to fix fees without guidance, amountin…
D. SUDHAKAR & ORS.versusD.N. JEEVARAJU & ORS.
2011 INSC 39413 May 2011Appeal(s) allowed
The Supreme Court examined whether independent legislators who extended support to Shri Yeddyurappa in forming a Bharatiya Janata Party (BJP) government and subsequently joined his Council of Ministers had forfeited their independent status under the anti-defection law. The Court held that merely offering support and a…
VIJAY SINGHversusSTATE OF U.P. & ORS.
2012 INSC 17313 April 2012Appeal(s) allowed
The appellant, a Sub‑Inspector of Uttar Pradesh Police, was ordered to withhold his integrity certificate for 2010 on the ground that he failed to record the past criminal history of an accused in a bailable offence. He challenged the order, arguing that withholding the certificate was not a punishment contemplated und…
BANDEKAR BROTHERS PRIVATE LTD. ETC.versusM/S. V.G. QUENIM & ORS.
2012 INSC 17113 April 2012Disposed off
Bandekar Brothers Pvt. Ltd. and related companies filed multiple recovery suits against the respondents and sought various interim injunctions. The respondents gave an undertaking not to part with certain shares, a bungalow, and mining machinery, but later demolished the bungalow, prompting the appellants to file furth…
OM PRAKASHversusSTATE OF RAJASTHAN AND ANR.
2012 INSC 17213 April 2012Appeal(s) allowed
The father of a 13½‑year‑old girl (appellant) appealed against the trial and High Court orders that allowed the accused, Vijay Kumar (respondent No.2), to be tried as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. The courts had relied on school records showing a birth date of 30‑06‑…
COMMNR. OF CENTRAL EXCISE, FARIDABADversusM/S FOOD & HEALTHCARE SPECIALITIES & ANR.
2012 INSC 8813 February 2012Appeal(s) allowed
The Commissioner of Central Excise appealed against the Customs, Excise & Service Tax Appellate Tribunal’s order that quashed a differential excise duty demand and penalties imposed on M/s Food & Healthcare Specialities (the assessee) and its partner Mis Heinz India Pvt. Ltd. (Heinz). The assessee blended and packed "G…
T.N. GODAVARMAN THIRUMALPADversusUNION OF INDIA & OTHERS
2012 INSC 8913 February 2012Disposed off
The Supreme Court examined petitions seeking to declare sandalwood (Santalum album) and red sandalwood (Pterocarpus santalinus) as "specified plants" under Section 2(27) of the Wildlife (Protection) Act, 1972 and to include them in Schedule VI. The Court noted that while Indian sandalwood is listed as "vulnerable" in t…
T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & OTHERS
2012 INSC 8713 February 2012Disposed off
The petitioners sought a direction to the Union of India and the State of Chhattisgarh to prepare and fund a rescue plan for the endangered Asiatic Wild Buffalo, to prevent inter‑breeding with domestic buffalo and to relocate villages from Udanti Wildlife Sanctuary. The State of Chhattisgarh argued that it lacked suffi…
M/S FLEX ENGINEERING LIMITEDversusCOMMISSIONER OF CENTRAL EXCISE, U.P
2012 INSC 2313 January 2012Disposed off
M/s Flex Engineering Ltd. manufactures custom automatic form‑fill and seal (F&S) machines and claimed Modvat credit for flexible laminated plastic film and poly‑paper used to test each machine before delivery. The revenue authorities rejected the claim, holding that testing is a post‑manufacture activity and the materi…
FOOD CORPORATION OF INDIA & ORS.versusBHARTIYA KHADYA NIGAM KARMCHARI SANGH & ANR.
2012 INSC 2413 January 2012Disposed off
The Food Corporation of India (FCI) issued circulars in 1985, 1986 and 1987 granting special pay increments to in‑service employees who obtained professional qualifications after joining, while employees recruited with those qualifications were excluded. The Karamchari Sangh challenged the scheme as discriminatory unde…
OM PRAKASH ASATIversusSTATE OF U.P. & ORS.
2012 INSC 2513 January 2012Dismissed
The petitioner, a senior engineer of Uttar Pradesh Jal Nigam, was prematurely retired in September 2005 under Fundamental Rule 56(c). He challenged the retirement, arguing that the screening criterion used by the Jal Nigam to assess eligibility was illegal and that its invalidity should automatically nullify his retire…
COMMISSIONER OF CENTRAL EXCISE, BANGALORE-IIversusM/S. OSNAR CHEMICAL P. LTD.
2012 INSC 2213 January 2012Dismissed
The assessees, M/s Osnar Chemical, supplied polymer‑modified bitumen (PMB) and crumbled‑rubber‑modified bitumen (CRMB) by heating petroleum bitumen, adding a small proportion of polymer and additives, and agitating the mixture to improve its quality. The revenue argued that this process created a new marketable commodi…
M/S INDIAN OIL CORPORATION LTD.versusCOMMISSIONER OF CENTRAL EXCISE, VADODARA
2012 INSC 2613 January 2012Dismissed
The Supreme Court examined two sets of appeals by Indian Oil Corporation Ltd. seeking exemption from excise duty on Reduced Crude Oil (RCO) and Naphtha under separate exemption notifications. The Court held that the proviso in each notification required satisfaction of two conditions: proof of the intended use and comp…
MADHUversusSTATE OF KERALA
2012 INSC 2713 January 2012Appeal(s) allowed
The appellant Madhu and his co-accused Sibi were convicted for robbery and murder of Padmini Devi based largely on confessional statements to police and circumstantial evidence. The Supreme Court held that the confessions were inadmissible because they did not lead to the discovery of any unknown fact, violating Sectio…
KASHMIR KAUR & ANR.versusSTATE OF PUNJAB
2012 INSC 58512 December 2012Dismissed
Kashmir Kaur and another were convicted under Section 3048 IPC (dowry death) read with Section 34 IPC and Section 498A IPC for the death of the deceased woman, which occurred 11 months after her marriage. The prosecution proved that the victim was repeatedly harassed and tortured by her mother‑in‑law, brother‑in‑law an…
DEOKI PANJHIYARAversusSHASHI BHUSHAN NARAYAN AZAD & ANR.
2012 INSC 58612 December 2012Appeal(s) allowed
The husband filed a writ petition challenging the interim maintenance granted to his wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that she was already married to another man, as evidenced by a marriage certificate under the Special Marriage Act, 1954. The trial court rejec…
DR. MOHAMMAD KHALIL CHISTIversusSTATE OF RAJASTHAN
2012 INSC 58412 December 2012Disposed off
The case arose from a 1992 altercation in Ajmer that resulted in the death of Idris and injuries to several persons, leading to two FIRs (cross‑FIRs). The trial court convicted four accused (Yasir, Khalil, Akil and Farukh) under Sections 302 and 324 read with Section 34 of the IPC and sentenced them to life imprisonmen…
MURUGESAN AND ORS.versusSTATE THROUGH INSPECTOR OF POLICE
2012 INSC 46712 October 2012Appeal(s) allowed
The trial court acquitted 23 accused of charges including criminal conspiracy (s.120B IPC) and murder (s.302 IPC) based on inconsistencies in eyewitness testimony, a doubtful dying declaration, and lack of corroborative evidence. The Madras High Court reversed the acquittal of 19 accused, convicting them on the same ch…
BABY DEVASSY CHULLY @ BOBBYversusUNION OF INDIA & ORS.
2012 INSC 46812 October 2012Dismissed
The appellant, Bobby, was arrested for alleged diesel oil smuggling and granted bail on 12 April 2005, which he did not avail, remaining in custody when a preventive detention order was issued under COFEPOSA on 3 May 2005. He challenged the order by filing a writ petition under Article 226, which the Bombay High Court …
REV. MOTHER MARYKUTTYversusRENI C. KOTTARAM & ANOTHER
2012 INSC 46912 October 2012Appeal(s) allowed
The respondent alleged that the appellant, Rev. Mother Marykutty, had issued a post‑dated cheque of Rs.25 lakhs for construction work which later bounced, leading to a complaint under Section 142 of the Negotiable Instruments Act, 1881. The trial court acquitted the appellant, holding that she had successfully rebutted…
STATE OF U.P.versusMUNESH
2012 INSC 47012 October 2012Appeal(s) allowed
The State of Uttar Pradesh appealed the acquittal of Munesh, who was charged with raping and murdering an 11‑year‑old girl. The trial court had convicted him under Sections 302 and 376 of the IPC, but the High Court set aside the conviction, citing contradictions in the statements of two eye‑witnesses (PWs 2 and 3) and…
PRATAPBHAI HAMIRBHAI SOLANKIversusSTATE OF GUJARAT AND ANOTHER
2012 INSC 47112 October 2012Disposed off
The appellant, Pratapbhai Hamirbai Solanki, was accused of conspiring to murder an RTI activist and was charged under Sections 302, 201 and 120‑B IPC and Sections 25(1)(b) and 27 of the Arms Act. Bail applications before the Sessions Court and the Gujarat High Court were rejected. After the High Court reserved its judg…
DARBARA SINGHversusSTATE OF PUNJAB
2012 INSC 38912 September 2012Dismissed
The appellant Darbara Singh was convicted under Section 302 IPC for murdering Mukhtiar Singh, based on eye‑witness testimony that he struck the victim's head with a kirpan while the victim was attempting to run. The appellant challenged the conviction on several grounds, including alleged inconsistency between medical …
STATE OF UTTARAKHAND (PREVIOUSLY STATE OF UTTAR PRADESH)versusMOHAN SINGH & OTHERS
2012 INSC 39012 September 2012Appeal(s) allowed
The State of Uttarakhand appealed against the Board of Revenue’s order that had allowed a second appeal under Section 331(4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, declaring that respondents had acquired Bhumidar rights by adverse possession. The Supreme Court examined whether Section 331(4) inc…
KUNAL MAJUMDARversusSTATE OF RAJASTHAN
2012 INSC 39112 September 2012Disposed off
The appellant Kunal Majumdar was convicted of murder (Sec. 302 IPC) and rape of a minor (Secs. 376, 511 IPC), receiving a death sentence for murder and seven years' rigorous imprisonment for rape. The conviction and death sentence were referred to the High Court under Section 366(1) of the Criminal Procedure Code (CrPC…
SOCIETY FOR UN-AIDED P.SCHOOL OF RAJASTHANversusU.O.I. & ANR.
2012 INSC 16912 April 2012Disposed off
The Supreme Court examined the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009, particularly sections 3, 12(1)(b) and 12(1)(c), which impose admission and fee‑reimbursement obligations on schools. The petitioners argued that these provisions infringed the fundamental rights o…
NATIONAL COUNCIL FOR TECH. EDU. & ANR.versusVAISHNAV INST. OF TECH. & MGT.
2012 INSC 17012 April 2012Disposed off
The National Council for Teacher Education (NCTE) derecognised several teacher‑education institutions under Section 17 of the NCTE Act, 1993. The institutions challenged the derecognition in the Madhya Pradesh and Delhi High Courts, which gave conflicting rulings on whether a prior inspection under Section 13 of the Ac…
H.P.HOUSING & URBAN DEVT.AUTH.& ANRversusRANJIT SINGH RANA
2012 INSC 12912 March 2012Case Partly allowed
The parties entered into a construction agreement and a dispute was referred to arbitration, resulting in an award dated 14 February 2001. The appellants deposited the full award amount with the High Court on 24 May 2001 while objections to the award were pending, and later the High Court ordered post‑award interest at…
RASHMI AJAY KR. KESHARWANI & ANR.versusAJAY KR. KESHARWANI AND ORS.
2012 INSC 12812 March 2012Appeal(s) allowed
The husband, Ajay Kumar, filed a habeas corpus petition before the Allahabad High Court alleging that his wife, Rashmi, was illegally detaining their minor son. In reality, the child had been living with the mother in Maharashtra since birth. The husband had earlier filed a criminal application in the Bombay High Court…
ALISTER ANTHONY PAREIRAversusSTATE OF MAHARASHTRA
2012 INSC 1812 January 2012Dismissed
Alister Anthony Pareira was convicted for causing the death of seven labourers and grievous injuries to eight others by driving a car rashly and negligently while under the influence of alcohol. The Supreme Court examined whether a person could be tried and convicted under both s.304(Part II) IPC (culpable homicide not…
AZIJA BEGUMversusSTATE OF MAHARASHTRA & ANR.
2012 INSC 1912 January 2012Appeal(s) allowed
The case involved a murder where the complainant, Azija Begum, alleged that the police investigation was inadequate and the magistrate, under Section 173(8) of the CrPC, ordered further investigation but retained the same police agency. The appellant challenged this order before the High Court under Article 227, arguin…
JILE SINGHversusSTATE OF U.P. & ANR.
2012 INSC 2012 January 2012Appeal(s) allowed
Bharat Lal Sharma was murdered in 2008 and the police filed a charge‑sheet naming Hari Singh as the sole accused. After Hari Singh was committed to the Sessions Court, the victim's father filed a private complaint under Section 200 CrPC against Jile Singh and Jayveer Singh. The Chief Judicial Magistrate, relying on Sec…
CHANDRAKALA TRIVEDIversusSTATE OF RAJASTHAN & ORS.
2012 INSC 2112 January 2012Disposed off
Chandrakala Trivedi was provisionally selected for a teacher post in Rajasthan but her selection was cancelled on the ground that she had not passed the Senior Secondary (Higher Secondary) examination, a basic qualification for the post. The appellant argued that at the time of her Secondary Examination, admission to h…
U. SREEversusU. SRINIVAS
2012 INSC 57811 December 2012Dismissed
The marriage between U. Sree and U. Srinivas broke down, leading the wife to file a petition for restitution of conjugal rights and the husband to file for divorce on the ground of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Family Court and the Madras High Court granted the divorce, held the …
GIRISH CHANDRA GUPTAversusM/S UTTAR PRADESH INDUSTRIAL DEVELOPMENT CORPORATION LTD. & ORS.
2012 INSC 57911 December 2012Appeal(s) allowed
The appellants filed compensation applications under Section 128 of the Monopolies and Restrictive Trade Practices Act, 1969 before the MRTP Commission, which were later transferred to the Competition Appellate Tribunal after the MRTP Act was repealed. The respondents argued that the applications were not maintainable …
PURNO AGITOK SANGMAversusPRANAB MUKHERJEE
2012 INSC 57311 December 2012Dismissed
In the 2012 presidential election, petitioner Purno Agitok Sangma challenged the election of Pranab Mukherjee on the ground that Mukherjee held two "offices of profit" – Chairman of the Indian Statistical Institute (ISI) and Leader of the House in the Lok Sabha – at the time of filing his nomination, which would disqua…
BHASKAR LAXMAN JADHAV & ORS.versusKARAMVEER KAKASAHEB WAGH EDUCATION SOCIETY & ORS.
2012 INSC 58211 December 2012Disposed off
The trustees of Shri Vyankatesh Mandir Trust sought to sell nine acres of agricultural land belonging to the trust, entering into multiple agreements with the petitioners and repeatedly applying to the Joint Charity Commissioner (JCC) for extensions of time to complete the sale. The JCC rejected both the 2003 and 2006 …
KUMARI SHAIMA JAFARIversusIRPHAN @ GULFAM AND ORS.
2012 INSC 58311 December 2012Appeal(s) allowed
The case concerned a criminal appeal filed by the State against an acquittal of the accused Irphan @ Gulfam and others. The Allahabad High Court dismissed the Government appeal in a cryptic order, merely referring to paragraphs of the trial‑court judgment and without giving any reasons. The complainant, Kumari Shaima J…
SANJEEV KUMAR SAMRATversusNATIONAL INSURANCE CO. LTD. AND OTHERS
2012 INSC 57611 December 2012Dismissed
The owner of a goods vehicle insured the truck with National Insurance Co. and hired it to transport goods. During the journey the hirer and two of his labourers were killed in an accident. The legal heirs of the deceased filed claims under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held the insur…
AJAY MAKENversusADESH KUMAR GUPTA & ANR.
2012 INSC 57711 December 2012Disposed off
The Delhi High Court dismissed an election petition challenging the 2009 Lok Sabha election of Ajay Maken on grounds of alleged corrupt practices. The appellant argued that the petition should be thrown out for (i) the copy served on him not being a true copy under Section 81(3) of the Representation of the People Act,…
KOTAK MAHINDRA BANK LTD.versusHINDUSTAN NATIONAL GLASS & IND. LTD. AND ORS.
2012 INSC 58011 December 2012Disposed off
The Supreme Court examined whether the Reserve Bank of India's Master Circular on wilful default applies to defaults arising from derivative transactions or is limited to traditional lender‑borrower relationships. Kotak Mahindra Bank had classified Hindustan National Glass and other parties as wilful defaulters for non…
OMA @ OMPRAKASH AND ANR.versusSTATE OF TAMIL NADU
2012 INSC 58111 December 2012Appeal(s) allowed
The appellants were convicted under IPC sections 395, 396 and 397 for a burglary‑murder that occurred in 1995. Both were arrested ten years later; an identification parade was held only for A1, who later died, while no parade was conducted for A2. The trial court sentenced both to death under section 396, which the Hig…
KUKAPALLI MOHAN RAOversusSTATE OF A.P.
2012 INSC 57411 December 2012Dismissed
The appellant, KUKAPALLI MOHAN RAO, was convicted of murder under Section 302 IPC for allegedly hacking the deceased with an axe, motivated by a suspicion of an illicit relationship between the deceased and the appellant's wife. The prosecution relied on the eyewitness testimony of the deceased's wife (PW2) and brother…
COMMISSIONER OF CENTRAL EXCISE, VADODARAversusGUJARAT NARMADA VALLEY FERTILIZERS COMPANY
2012 INSC 57511 December 2012Matter referred to larger bench
The appellant, Commissioner of Central Excise, challenged the assessee Gujarat Narmada Valley Fertilizers Ltd.’s claim of Cenvat credit on duty‑paid Low Sulphur Heavy Stock (LSHS) used as fuel to generate steam and electricity for producing fertilizer, a product exempt from excise duty. The Tribunal’s larger bench had …
SURINDER SINGH BRAR AND OTHERS ETC.ETC.versusUNION OF INDIA AND OTHERS
2012 INSC 46311 October 2012Appeal(s) allowed
The case concerned the acquisition of about 105 acres of land in Manimajra, Chandigarh for the expansion of the Rajiv Gandhi Technology Park (Phase III). The acquisition was approved by the Adviser to the Administrator of the Union Territory based on reports of the Land Acquisition Officer (LAO), which the petitioners …
DAHARI & ORS.versusSTATE OF U.P.
2012 INSC 46411 October 2012Dismissed
The case involved the murder of Tej Bahadur, who was shot dead while traveling on a motorcycle; seven persons were initially charged under Sections 302, 149 and 148 of the IPC. The trial court convicted all seven, but the High Court later acquitted three while upholding the conviction of the remaining four appellants. …
GULZAR AHMED AZMI & ANR.versusUNI.ON OF INDIA & ORS.
2012 INSC 46511 October 2012Dismissed
The petitioners filed a writ petition under Articles 32 and 21 of the Constitution seeking a Supreme Court order directing the Union of India to constitute a special committee, headed by a retired Supreme Court judge, to re‑investigate all bomb‑blast cases since 2002, alleging that innocent Muslim youths were being fal…
HINDUSTAN COPPER LTD.versusMONARCH GOLD MINING CO. LTD.
2012 INSC 46611 October 2012Appeal(s) allowed
The Supreme Court examined the procedure followed by the Calcutta High Court in handling applications under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrators. The High Court had a Designate Judge first determine that the request for appointment was proper and then referred t…
SAHARA INDIA REAL ESTATE CORP. LTD. & ORS.versusSECURITIES & EXCHANGE BOARD OF INDIA & ANR.
2012 INSC 38811 September 2012Disposed off
The Supreme Court was approached after a television channel disclosed confidential settlement proposals between Sahara India Real Estate Corp. Ltd. and SEBI during pending litigation, raising concerns about media reporting of sub‑judice matters. The Court examined whether it could issue guidelines or orders restricting…
SHYAMAL GHOSHversusSTATE OF WEST BENGAL
2012 INSC 28111 July 2012Dismissed
The State of West Bengal prosecuted eight accused for the murder of Archideb Bhattacharjee, alleging they demanded money, strangulated him, dismembered his body and disposed of it in gunny bags. The trial court sentenced all to death, which was reduced to life imprisonment by the High Court, except for the theft charge…
ACC LIMITED (FORMERLY KNOWN AS THE ASSOCIATED CEMENT CO. LTD.)versusGLOBAL CEMENTS LTD.
2012 INSC 25511 June 2012Dismissed
The parties entered into a 1989 agreement containing an arbitration clause that named two specific arbitrators. Both arbitrators later died, and the respondent sought the appointment of a substitute arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Bombay High Court appointed a former Supre…
MAHARASHTRA STATE BOARD OF WAKFSversusSHAIKH YUSUF BHAI CHAWLA & ORS.
2012 INSC 22911 May 2012
The Supreme Court examined several Special Leave Petitions challenging the Bombay High Court's interim order that, pending the constitution of a proper Maharashtra State Board of Wakfs under the Wakf Act, 1995, the Charity Commissioner should continue to administer Muslim Wakf properties. The Court held that the Board …
CHANDRA KUMAR CHOPRAversusUNION OF INDIA AND OTHERS
2012 INSC 23111 May 2012Dismissed
Major Chandra Kumar Chopra was tried by a General Court Martial under the Army Act, 1950 for three offences involving fraud, misuse of Leave Travel Concession and improper use of a railway warrant. He challenged the composition of the court martial, alleging bias because he had lodged a statutory complaint against the …
CESC LTD.versusCHIEF POST MASTER GENERAL & ORS.
2012 INSC 23211 May 2012Appeal(s) allowed
CESC Ltd., an electricity supplier, used franking machines to post monthly consumption bills as 'book post' at Rs 1 per bill based on a 29 May 1997 letter from the Director of Postal Services. The Postal Authority later cancelled that instruction on 29 October 1998 and demanded a deficit of Rs 1,83,89,410, alleging the…
SAMAJ PARIVARTAN SAMUDAYA & ORS.versusSTATE OF KARNATAKA &ORS.
2012 INSC 23011 May 2012Hearing Adjourned
The Supreme Court examined a writ petition filed by Samaj Parivartan Samuday alleging continued illegal mining of iron ore in Karnataka and Andhra Pradesh, despite earlier orders and a CBI charge‑sheet. The Court considered reports of a Central Empowered Committee (CEC) that identified irregularities, including land de…
UNION TERRITORY OF LAKSHADWEEP & ORS.versusSEASHELLS BEACH RESORT & ORS.
2012 INSC 23311 May 2012
The Union Territory of Lakshadweep appealed against a Kerala High Court order that allowed Seashells Beach Resort to operate despite lacking clearances under the Coastal Regulation Zone (CRZ) rules and land‑use diversion certificates. The High Court had granted interim relief on humanitarian grounds, ignoring alleged v…
SANDEEPversusSTATE OF U.P.
2012 INSC 23511 May 2012Disposed off
The accused Sandeep and Shashi Bhushan were apprehended by police after a girl, Jyoti, reported that they had assaulted her, poured acid on her and attempted to abort her foetus. The victim later died, and the trial court convicted both under Sections 302 and 316 IPC, sentencing them to death. The High Court confirmed …
REGISTRAR GENERAL, PATNA HIGH COURTversusPANDEY GAJENDRA PRASAD & ORS.
2012 INSC 23611 May 2012Appeal(s) allowed
The case concerns a Railway Judicial Magistrate, Pandey Gajendra Prasad, who was dismissed from service after a departmental enquiry found him guilty of misconduct for granting bail in cases involving the NDPS Act. The Standing Committee of the Patna High Court recommended dismissal, which was approved by the Full Cour…