Judgments of 2012

The State of Madhya Pradesh challenged the constitutional validity of clause (d) of Article 45 in Schedule 1‑A of the Indian Stamp Act, 1899, as amended by the Madhya Pradesh Stamp Amendment Act, 2002, which imposes a 2% stamp duty on power‑of‑attorney instruments given without consideration to persons who are not bloo…

N.C. Das, a Grade‑II civil judge of the Tripura Judicial Service, filed a writ petition under Article 32 challenging (i) the denial of his promotion to Grade‑I despite his seniority and (ii) the refusal to extend his service up to the age of 60 years as provided in the amended Rule 20 of the Tripura Judicial Service Ru…

The Medical Council of India (MCI) appealed against a Karnataka High Court interim order that allowed JSS Medical College to admit 200 MBBS students for 2011‑12, despite the Board of Governors of the MCI having rejected the college’s application for increase of seats. The college had originally applied for an increase …

An explosion on a Delhi bus in 1997 killed four people and injured twenty‑four. Mohd. Hussain @ Julfikar Ali, a Pakistani national, was charged under Sections 302, 307 IPC and Section 3 of the Explosives Substances Act and was convicted and sentenced to death. The trial proceeded for years with the accused largely unre…

The Gwalior Development Authority (GOA) auctioned a plot of nazul land and granted a 30‑year lease to Cine Exhibitors for a cinema hall. After the cinema licence was surrendered, the GOA terminated the lease and ordered possession, which the lessee challenged before the High Court. The Division Bench held the lessee co…

The appellant filed a complaint under the Advocates Act alleging that the respondent advocate had filed vakalatnamas without authority and forged fictitious compromise deeds, thereby defrauding parties in consolidation courts. The State Bar Council's Disciplinary Committee examined oral and documentary evidence, includ…

The case arose from a violent clash on 9 April 2003 between two groups over a disputed piece of land in Marori, Punjab. The accused, armed with gandasis, kirpans and swords, attacked members of the complainant’s family, killing Amarjit Singh (father of PW‑10) and injuring several others. The appellants pleaded self‑def…

The appellant, Abuzar Hossain @ Gulam Hossain, claimed that he was a juvenile at the time of the alleged offence and therefore could not be tried in a regular criminal court. The claim was not raised in the trial or earlier appeals, and the question before the Supreme Court was whether a claim of juvenility under s.7A …

The complainant, Savita Madhav Akhade, alleged that she and her family were insulted and assaulted on caste grounds by Vilas Pandurang Pawar and others, leading to an FIR under the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused applied for anticipatory …

The petitioners, a real‑estate partnership, claimed ownership of a 19,250 sq m open space in Miramar, Goa, based on a 1977 deed and sought a writ to restrain the Government of Goa and the Panaji Municipal Corporation from undertaking developmental works on the land. The High Court dismissed the writ, directing the peti…

The case concerned the murder of a District Magistrate during a funeral procession of a political leader, where 36 persons were charged. The trial court convicted A‑1 (Anand Mohan) and six others under sections 147, 302/149, 307/149 and 302/109, sentencing A‑1, A‑3 and A‑4 to death. The High Court acquitted A‑2 to A‑7 …

The petitioner, Nitin Gunwant Shah, claimed to be a monthly tenant of a flat in Mumbai based on a 1989 "Leave and Licence" agreement and sought a declaration to that effect. The Indian Bank, holding a mortgage over the same property, obtained a decree for recovery of dues and sought to sell the flat, also asking the co…

The appellant Bable @ Gurdeep Singh was convicted under IPC s.302 r.w. s.34 for the murder of Ishwari Verma. He challenged the conviction on the grounds that the FIR lost its relevance because the informant turned hostile, the oral dying declaration was not corroborated, his injuries were unexplained, and the acquittal…

The appellant, a high‑scoring candidate in the MBBS entrance exam, was denied admission to the MBBS course despite being present at the second counseling, while lower‑scoring candidates were admitted. The High Court initially granted her relief, but the Division Bench set aside that order. The Supreme Court held that t…

The Supreme Court considered two appeals by suppliers of aluminium conductors against the Assam State Electricity Board concerning claims for interest on delayed payments under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. The Court held that a suit seeking only intere…

The bench examined several writ petitions challenging preventive detention orders at the pre‑execution stage. The petitioners argued that, under the Right to Information Act, 2005, a detenu should be furnished with the grounds of detention before arrest, and that the five exceptions laid down in Alka Subhash Gadia's ca…

Common Cause filed a writ petition under Article 32 seeking a mandamus directing the President of India to refer allegations against the Chairman of the National Human Rights Commission to the Supreme Court under Section 5(2) of the Protection of Human Rights Act, 1993. The allegations, communicated on 4 April 2011 by …

The five accused, Atmaram and four others, attacked two brothers and their sister with farsi, dharia and lathis, resulting in the death of one brother. The prosecution relied on the testimony of two injured eye‑witnesses (PW‑1 and PW‑2) and medical evidence showing ten injuries, including fatal head wounds. The appella…

The petitioners filed a public‑interest litigation under Article 32 seeking a complete ban on the release of genetically modified organisms (GMOs) and a biosafety protocol. Earlier Supreme Court orders had required GEAC approval for field trials and later lifted the moratorium with specific conditions. Persistent contr…

Narane Construction Ltd marketed plots for sale, promising development of infrastructure, layout approvals and other amenities, and required purchasers to become members by paying fees. The purchasers alleged deficiencies in the promised services and contended that the company was a service provider under the Consumer …

The Supreme Court examined the murder of Ms. Renu, who was burnt to death after her husband, brother‑in‑law and mother‑in‑law allegedly poured kerosene on her for refusing to meet dowry demands for a refrigerator, television and cooler. The trial and High Courts had convicted all three accused under Section 304B of the…

The petitioners, a husband and wife accused under the Prevention of Corruption Act, sought transfer of their criminal trial from the Special Judge, CBI Cases, Rohini Court, New Delhi to the Special Judge, CBI Cases, Court of Sessions at Thane, Maharashtra, arguing that most of the 92 witnesses (88) were located in Maha…

The appellant, Salim Gulab Pathan, was convicted under Section 302 IPC for allegedly setting his wife on fire. The prosecution's case rested on the victim's dying declaration, recorded by a police constable after being certified by a doctor as conscious and fit, and corroborated by eyewitnesses who heard the victim imp…

The accused were charged with offences including assault (ss.324, 326 IPC) and murder (s.302 IPC) arising from a village feud. Four eyewitnesses saw the attack and the deceased gave a statement to the police implicating the accused. The trial court acquitted them of murder but convicted three of them under s.326, later…

Petitioner Ram Dhan filed a complaint alleging his son had been kidnapped, leading to the conviction of Balraj and others under IPC 364 r/w 149. The son later testified that he had left voluntarily, prompting Balraj to file an FIR against the petitioner for false information under IPC sections 177, 181, 182, 195 and 42…

The deceased, a money lender, was lured out by accused No.1 who owed him money. He was later found surrounded by four accused, including the appellant (accused No.2). The appellant picked up a piece of gobbaly tree wood and struck the victim on the head, causing fatal injuries; accused No.1 also threw a stone. All four…

The appellant, a joint managing director of a large export company, was arrested in 2010 on several economic offences alleged by multiple banks and the CBI. After a prolonged period of custody, intermittent interim bail on medical grounds, and the filing of charge sheets without framing of charges, the High Court rejec…

Four accused escaped from police custody in Gwalior in 2001, allegedly with police collusion, and subsequently murdered 14 villagers. A public interest writ petition was filed alleging police torture of a particular community, prompting the High Court to direct the CBI to investigate the escape and the role of police o…

Mohan Soni, a cart puller, lost his left leg below the knee in a motor vehicle accident and claimed compensation under section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.2,03,400, fixing his disability at 50% based on Schedule 1 of the Workmen's Compensation Act, 1923, and the Hi…

The appellants, the husband and his parents‑in‑law, were charged under Section 498A IPC for alleged dowry harassment and a specific incident of abandonment. They sought discharge under Section 239 of the CrPC, claiming the allegations were false. The Supreme Court examined the scope of Section 239 and the standard for …

The appellant, Ram Chandra Bhaghat, was convicted under Section 493 of the Indian Penal Code for deceiving the complainant into believing she was his lawful wife, cohabiting with him for nine years and bearing two children. The prosecution proved that the appellant obtained a signed marriage registration form, induced …

M/s Nagarjuna Construction Co. Ltd. entered into composite construction contracts and paid service tax before 1 June 2007 under the then‑applicable clauses (zzd), (zzq) and (zzzh) of Section 65(105) of the Finance Act, 1994. After the amendment introducing clause (zzzza) and the Works Contracts (Composition Scheme for …

C.K. Jaffer Sharief, then Union Railway Minister, was accused of having the Managing Directors of RITES and IRCON approve the travel of four persons to London for his medical treatment, allegedly causing pecuniary loss to the PSUs. The FIR alleged that the journeys were arranged without any public interest and that the…

Two minor children residing in a Gurukul (ashram) went missing and were later found dead in the Sabarmati river. An FIR was lodged against seven ash​ram inmates under Section 304 IPC (culpable homicide not amounting to murder), Section 23 of the Juvenile Justice Act and other offences. The High Court quashed the FIR in…

The appellant, North Eastern Electricity Supply Company of Orissa (NESCO), refused to supply electricity to a unit purchased at auction by the respondent, M/s Raghunath Paper Mills Pvt. Ltd., unless the arrears of electricity dues incurred by the previous owner were paid. The respondent filed a writ petition seeking a …

The appellant, a Havildar in the Indian Army, was discharged on 1 April 1995 after a show‑cause notice alleging four "Red Ink Entries" in his service record. He challenged the discharge in the Delhi High Court, which set aside the termination but ordered his reinstatement without salary or other allowances for the peri…

The appellants were convicted of murder for stabbing the husband of the complainant after the husband warned them to stop abusive behavior. The trial and high courts upheld the conviction under Section 302 read with Section 34 of the IPC based on the testimony of two eye‑witnesses. On appeal, the accused argued that th…

The Tamil Nadu Wakf Board filed a suit seeking a declaration that certain land and a superstructure were Wakf property and to obtain vacant possession. The tenant-defendants relied on the Madras City Tenants' Protection Act, 1921, asserting a right to purchase the land under Section 9 of that Act and argued that the su…

The Supreme Court heard a public‑interest writ filed by Bhopal Gas Peedith Mahila Udyog Sangathan on behalf of the victims of the 1984 Bhopal gas disaster, seeking free medical care, implementation of research studies, and proper administration of the Bhopal Memorial Hospital Trust (BMHT). The Court examined whether it…

Rajoo was convicted of gang‑rape and appealed to the High Court, which upheld his conviction but did not provide him with legal representation at the appellate stage. The Supreme Court examined whether, under Article 39‑A of the Constitution and the Legal Services Authorities Act, 1987, an accused in custody is entitle…

Jagat Pal Singh Cheema, a Section Officer of the Cantonment Board, Jammu, was removed from service following a departmental inquiry. The Board later reconsidered the decision, and its President referred the matter to the Officer Commanding‑in‑Chief (OCIC) under Section 51 of the Cantonments Act, 1924. The OCIC issued a…

The appellant, Saeed Zakir Hussain Malik, challenged a preventive detention order issued under COFEPOSA against his brother, alleging that the order was passed 15 months after the alleged offence and was served 14.5 months later, violating Article 22(5) of the Constitution. The Supreme Court examined whether such delay…

Kavita Solunke was appointed as a teacher in an aided school in Maharashtra to a post reserved for Scheduled Tribe candidates, claiming to belong to the Halba tribe. Ten years later, a caste‑verification committee found that her father was a Koshti, a caste not listed as a Scheduled Tribe, and cancelled her caste certi…

Phool Kumari was convicted under IPC sections 323, 342, 307 and 34 and sentenced to rigorous imprisonment, later reduced to five years. While incarcerated in Tihar Central Jail she was assigned work as a Sewadar in the Medical Inspection room. She claimed wages for the work done, but the prison superintendent and a vis…

The appellant, Premji Nathu, challenged the compensation awarded for his land acquired under the Land Acquisition Act, 1894. After the Collector issued a notice under s.12(2) on 22‑Feb‑1985 without attaching a copy of the award, the appellant obtained the award later and filed an application on 8‑Apr‑1985 under s.18(1)…

The Municipal Corporation of Greater Mumbai issued notices under Section 314 of the Mumbai Municipal Corporation Act, 1888, directing occupants to remove patra structures on footpaths; after non‑compliance it demolished the structures and later issued another notice to demolish a reconstructed building. The occupants c…

The Union of India (Northern Railways) sought to construct its own transmission lines to draw power directly from NTPC’s thermal power plants, alleging that the tariff charged by UP State Electricity Board (UPSEB) was excessive. UPSEB issued a notice demanding cessation of the construction, prompting the Railways to ch…

Denel (Proprietary) Ltd. entered into a contract with the Ministry of Defence for supply of Base Bleed Units. Disputes arose over rejected goods and the parties could not resolve them, leading to the appointment of a sole arbitrator, A.K. Jain, by the Director General of Ordnance Factory (DGOF) as per the contract clau…

V.K. Naswa filed a writ petition under Article 32 seeking Rs 10 crore each from Baba Ramdev, Anna Hazare and others for alleged misuse and insult of the National Flag, and also asked the Court to direct amendment of the Flag Code of India, 2002. The petitioner had already lodged criminal complaints against the responde…

The appellant, Aymubkhan Noorkhan Pathan, was appointed as a senior clerk in the Aurangabad Municipal Corporation under a Scheduled Tribe reservation based on a caste certificate that declared him a member of the Bhil Tadvi tribe. Respondent No.5, a general‑category citizen, alleged that the appellant, being a Muslim, …

The Maharashtra government acquired land for Voltas Ltd. and issued an allotment order in 1969 restricting alienation without prior permission and mandating use for workers' housing. Voltas later obtained an exemption under the Urban Land (Ceiling and Regulation) Act, 1976, to develop surplus land for a weaker‑section …

The appellant, Dipak Kumar Mukherjee, challenged the illegal construction of a multi‑storeyed building by respondent No.7 (a construction company) that exceeded the two‑storey plan sanctioned under the Kolkata Municipal Corporation Act, 1980. Despite a stop‑work notice and a demolition order passed by the Mayor‑in‑Coun…

The State of Andhra Pradesh filed a suit for eviction against D. Raghukul Pershad and others, alleging that the appellants had failed to pay rent since 1986 and that the lease had not been renewed. The appellants contended that the lease deed and rent payments were made by mistake of fact and that they were the true ow…

The appellant, a District and Sessions Judge in Madhya Pradesh, was compulsorily retired in 2004 on the recommendation of the High Court Full Court, which cited adverse entries in his service record. He challenged the retirement before the High Court, obtaining a temporary reinstatement order from a Single Judge, which…

The appellant purchased a plot in 1978 and paid Rs.50,000 as earnest money. The vendors were contractually obliged to obtain sale permission and an Income Tax clearance, but failed to do so within six months, invoking Clause 9 to terminate the agreement and refunding the earnest money. The appellant protested the refun…

The appellants' land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation and a solatium by the Reference Court in 2001, but no interest was granted on the solatium. During execution proceedings they claimed interest on the solatium, which the execution court and the High Court rejected.…

The petitioners applied for an industrial land plot, paid a part of the price but were denied possession on the ground of pending dues. They filed a complaint before the MRTP Commission, which on 13 September 2007 ordered the respondents to hand over possession and to furnish a fresh SSI certificate. The respondents fi…

Alagupandi was convicted for murdering his step‑mother Tamilarasi. The prosecution relied on the testimony of the deceased's brother (PW‑1), corroborative statements of other witnesses, forensic evidence linking the accused's blood to the crime scene, and a confession that led to the recovery of the knife. The appellan…

The Supreme Court examined the murder conviction of three accused, two of whom appealed while the third did not. The prosecution's case relied heavily on an extra‑judicial confession and the theory that the accused were last seen with the deceased, but the confession was found unreliable, contradictory, and uncorrobora…

Al Jazeera Steel Products Company SAOG (the applicant) entered into a sale‑purchase contract with Mid India Power & Steel Ltd. (the respondent) for 2,000 metric tonnes of prime alloy steel billets. The billets delivered were found to be defective, leading the applicant to notify the respondent and request a joint inspe…

The case concerned the murder of Indra, who was strangulated to death by her father‑in‑law, brother‑in‑law and others. Five accused were tried; four were convicted under s.120‑B, s.302 and s.34 IPC and one (Jitender Kumar) under s.120‑8 IPC. The appellants challenged the convictions on several grounds, including that J…

The State of Kerala amended its Chitties Act, 1975 to bring chitties registered outside the state but with substantial Kerala subscribers within its regulatory ambit. Private chit firms challenged the amendment as repugnant to the Central Chit Funds Act, 1982 under Article 254(1). The Supreme Court was asked whether re…

The Supreme Court examined the Union of India's 2012 Hajj Policy, focusing on the eligibility conditions for Private Tour Operators (PTOs) such as a minimum 250 sq ft office, Rs 1 crore turnover, and a Rs 25 lakh security deposit, as well as the family‑restriction clause, the constitutionality of the Hajj subsidy, and …

BIPROMASZ BIPRON Trading SA entered into a purchase order with Bharat Electronics Ltd (BEL) for gyro units, but BEL halted supplies, rejected goods and alleged contractual breaches. The contract’s arbitration clause required disputes to be referred to BEL’s Chairman‑cum‑Managing Director (CMD) or his nominee. The petit…

The appellants, Priya Gupta and Akanksha Adile, were admitted to the MBBS programme at Government Medical College, Jagdalpur on 30 September 2006 through a hurried process that ignored higher‑ranking candidates, allegedly due to favouritism (the father of the second appellant was the Director of Medical Education). The…

The appellant, Best Sellers Retail (India) Pvt. Ltd. (and A.C. Thirumalaraj), challenged a temporary injunction granted to respondent Aditya Birla Nuvo Ltd. that restrained the defendants from leasing or encumbering a suit property pending a suit for specific performance. The trial court and High Court had held a prima…

The case involved an armed altercation in which three accused (A1, A2, A3) fired pistols and used an axe, resulting in the death of Mulu Dada and serious injury to Jagu Dada. The trial court acquitted all three, finding the prosecution failed to prove guilt beyond reasonable doubt, but the Gujarat High Court reversed t…

The victim, a college student, was staying with accused No.1 in Belgaum when accused No.2 (the appellant) allegedly attempted to outrage her modesty, assaulted her and administered poison, leading to her death. Multiple eyewitnesses saw the deceased being taken in a car by the accused, with police present, and later ob…

The appellant, Munna Kumar Upadhyaya, was convicted for the murder of a railway official and his family, based on a complex web of circumstantial evidence, forensic findings, fingerprint matches, and extra‑judicial confessions. The prosecution proved the chain of events through 49 witnesses, forensic reports, recovered…

The Supreme Court examined whether the deduction under Explanation (baa) to Section 80HHC of the Income‑Tax Act, 1961 should be computed on the basis of gross receipts or the net amount of receipts such as interest and rent that are actually included in the profit‑and‑gain calculation. The Court held that only ninety p…

The appellant, an exporter, claimed deductions under Section 80HHC for profits retained for export business, arguing that the face value of the Duty Entitlement Pass Book (DEPB) is "cash assistance" and should be excluded from profit under Section 28(iiib). The Assessing Officer treated the entire sale value of the DEP…

Mis Topman Exports sold its Duty Entitlement Pass Book (DEPB) and claimed a deduction under section 80HHC of the Income Tax Act for the assessment year 2002-03. The Assessing Officer treated the entire sale proceeds as profit on transfer under section 28(iiid), denying the deduction. The Tribunal held that DEPB is cash…

Shiv Prasad Singh, a government employee, was reappointed in 1980 with a condition that he would not receive any future promotions. He later sought time‑bound promotions under a state scheme, and the Patna High Court held that despite the reappointment condition, he was entitled to such promotions and directed the Comm…

The Karnataka government allotted residential sites to members of a charitable society (the Sangha) through lease‑cum‑sale agreements, which were stamped and later, after ten years, converted into absolute sale deeds. The stamp duty on the sale deeds was collected on the market value at the time of execution, with a cr…

The appellant was summoned by a Chief Judicial Magistrate to give a voice sample to aid the investigation of an alleged recruitment scam. He challenged the summons on the ground that it violated Article 20(3) of the Constitution and that no statutory provision empowered a magistrate to order a voice sample. The Supreme…

Virgo Industries (Eng.) Ltd filed two suits in 2005 seeking a permanent injunction against VentureTech Solutions Ltd to prevent alienation of two parcels of land. In 2007, while those suits were still pending, Virgo filed two additional suits for specific performance of the same sale agreements. The High Court held the…

MIS Salora International Ltd., a manufacturer of television components, assembled the parts into complete TV sets for testing, numbered and matched them, then disassembled the sets and shipped the parts to satellite units for final assembly. The Revenue classified the goods as "Television Receivers" under Tariff Entry …

The appellant, founder and managing trustee of a technical education society, was accused by a charity trust of forging lease deeds and submitting false information to obtain permission for running a school. The trust alleged that the appellant altered documents, forged a lease for 87 years, and misrepresented facts to…

The case concerns a 1978 incident in which seven accused, including Shyam Babu, were alleged to have fired on a group of villagers, resulting in five deaths and one injury. The trial court acquitted all seven, but the High Court set aside the acquittal and convicted three of the accused; four had died during the penden…

The appellants were convicted of gang rape under s.376(2)(g) IPC based solely on the prosecutrix's testimony. The Supreme Court examined contradictions between the FIR, the prosecutrix's statements, and the accounts of her niece and nephew, who denied any intrusion. Forensic evidence showed no semen on the alleged clea…

The case arose from the double murder of Aarushi Talwar and her domestic servant Hemraj in Noida in May 2008, for which a First Information Report was filed by the victim's father, Dr. Rajesh Talwar. The investigation was taken over by the CBI, which later submitted a closure report citing insufficient evidence. Dr. Ra…

The Supreme Court Bar Association (SCBA) had been directed by the Supreme Court in 2011 to identify regular practitioners for voting rights under the "One Bar One Vote" principle. While the Implementation Committee was carrying out this task, the SCBA held a General Body Meeting on 16 January 2012 that passed resolutio…

The appellant, Neel Kumar (also known as Anil Kumar), was convicted of raping and murdering his four‑year‑old daughter. The trial court and High Court relied on the victim’s custody, the appellant’s silence, blood‑stained clothing recovered from his disclosure statement, and the absence of any explanation for these inc…

The petition arose from a dispute between V.D. Bhanot and his wife Savita Bhanot concerning relief under the Protection of Women from Domestic Violence Act, 2005. The wife filed a petition under Section 12 seeking residence and maintenance after being evicted from the matrimonial home, and the magistrate granted interi…

The Supreme Court examined the persistent failure of several State Governments and Union Territories to implement the High Security Registration Plates (HSRP) scheme mandated under the Motor Vehicles Act, 1988. The petitioners sought enforcement of the statutory provisions and earlier Supreme Court directions, while th…

Absar Alam was convicted of murdering his mother by beheading her after accusing her of causing his wife to leave home. The trial court and the Patna High Court sentenced him to death under Sections 302 and 201 of the Indian Penal Code. The appellant appealed to the Supreme Court, raising only the question of whether t…

NRC Ltd, a sick industrial company, entered into a memorandum of understanding and subsequent agreements with K. Raheja Universal Ltd for the sale of 344 acres of land to raise funds for restructuring. The sale was only partially paid and the company later sought a corporate debt restructuring (CDR) scheme, which was a…

The appellant, Sri Bhagwan, was convicted for murdering Yogender Nath Bhargava by pouring acid on him, an offence initially registered under Section 326 IPC and later altered to Section 302 IPC. The prosecution relied on the testimony of two eyewitnesses (PW‑1 and PW‑3) who claimed to have seen the assault, and on the …

The appellant Akil @ Javed was convicted for murder (IPC s.302) and robbery (IPC s.392) along with a co‑accused. The prosecution relied on the testimony of several eye‑witnesses, especially PW‑20 who identified the appellant, and on the recovery of a Rado watch and gold chain from the appellant that were identified by …

The appellants, Tara Chand and others, claimed occupancy rights over a 78-kanal land in Jhupa Khurd, asserting they were tenants under Sections 5 and 8 of the Punjab Tenancy Act, 1887. Their ancestors had been recorded as joint‑owners (hisedars) of the shamilat deh since before 1935‑36 and paid nominal rent to the Gram…

The case concerned the seniority of Assistant Commandants in the Border Security Force who were selected in a single recruitment process but trained in two separate batches (Batch 16 starting 1‑Feb‑1993 and Batch 17 starting 2‑July‑1993). A promoted officer (respondent No.1) who joined on 15‑Mar‑1993 was placed below a…

Dr. Vipul Shital Prasad Agarwal, a Superintendent of Police, was arrested in connection with FIR No.115 of 2006 concerning a alleged fake encounter. The Supreme Court had directed the CBI to take over the investigation and the CBI registered a fresh FIR, but the original charge‑sheet filed under the first FIR was submi…

The dispute arose from a contract between Bharat Aluminium Co. and Kaiser Aluminium Technical Service, Inc. that provided for arbitration in London under English law, but governed the contract by Indian law. After two awards were rendered in England, the appellant sought to set aside the awards under Section 34 of the …

In 2010, the Jammu & Kashmir Board of Professional Entrance Examination had to fill 15 MBBS seats reserved for the Scheduled Tribe Gujjar Bakerwal (STGB) category, with a 15th odd seat earmarked for a female candidate. The seat remained vacant after a male candidate's writ petition was dismissed, and the appellant, a l…

The State Financial Corporation (OSFC) and IPICOL financed a hotel project of MIS. MICRO HOTEL P. Ltd. (the borrower) which defaulted on loan repayments. The corporations offered One‑Time Settlement (OTS) schemes in 2006 and 2007, which the borrower failed to meet, leading to withdrawal of the offers and a demand for f…

Cicily Kallarackal filed Special Leave Petitions challenging Kerala High Court judgments that entertained writ petitions against orders of the National Consumer Disputes Redressal Commission (NCDRC). The Supreme Court examined two issues: (1) whether a High Court can entertain writ petitions under Article 226 against N…

The Research Foundation for Science, Technology and Natural Resource Policy challenged the Ministry of Environment's permission to import hazardous wastes, seeking a total ban, amendment of the Hazardous Wastes (Management & Handling) Rules, 1989 to conform with the Basel Convention, and a declaration that the Rules vi…

The appellant, a returned candidate, appealed a High Court order that refused to dismiss an election petition filed by the respondent alleging irregularities in vote counting. The Supreme Court examined whether the petition disclosed a cause of action and could be struck out at the threshold, and whether the lack of an…

Mayawati, then Chief Minister of Uttar Pradesh, filed a writ petition under Article 32 challenging FIR No. RC 0062003A0019 dated 05.10.2003, which the CBI had lodged under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act alleging disproportionate assets. The FIR was said to be based on a Sup…

Rajendra Prasad Bagaria obtained registration as a pharmacist in Rajasthan on the basis of a registration he had earlier obtained in Sikkim, where he had worked only for two months. The Rajasthan Pharmacy Council, after receiving complaints about ineligible pharmacists, examined his registration and found it irregular,…

Respondents 1‑3 instituted a suit for specific performance of a sale of immovable property. They later filed an application (P‑2) and a joint statement (P‑4) claiming a compromise and seeking dismissal of the suit, but subsequently respondent 1 filed an affidavit (P‑5) alleging that he had never filed the suit and that…

The case arose from the murder of a young girl, Arushi, and a domestic help, Hemraj, where the CBI filed a closure report. The father of the deceased filed a protest petition, leading the Special Judicial Magistrate to take cognizance of offences under Sections 302/34 and 201/34 IPC against Dr. Rajesh Talwar and Dr. Nu…

In 1992 a bus and a truck, both traveling at high speed, collided on a highway in Punjab, resulting in the deaths of five passengers. The drivers of the bus (Balwinder Singh) and the truck were convicted under IPC sections 304A, 337 and 279 and sentenced to two years rigorous imprisonment for the 304A charge and six mo…

The Supreme Court considered a civil appeal challenging the Madhya Pradesh High Court's order that arose from a public‑interest writ petition highlighting irregularities in the grant of recognition to private teacher‑training institutions by the Western Regional Committee of the National Council for Teacher Education (…

Bharat Heavy Electricals Ltd. (appellant) challenged an execution petition filed by R.S. Avtar Singh & Co. (respondent) on the ground that the arbitral award, made a rule of court on 31‑05‑1985, had been fully satisfied by part payments made in 1985 and 2000, and that no further interest could be claimed. The Supreme C…

A partition suit filed by the father of the appellants was dismissed by the trial court for procedural defects. The appellants filed title appeals, but while the appeals were pending the State issued a notification under Section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 bringing…

The parties were married in 1992 and had two daughters. They obtained a decree of divorce by mutual consent in 2003, expressly agreeing that the husband would have sole custody of the children and the wife would forego visitation rights. The wife later challenged the decree on grounds of fraud and also sought custody/v…

The appellants Baliya and Gopal were convicted under Sections 120B and 302 of the Indian Penal Code for the murder of Pradeep, based on alleged conspiracy to kill him after a pamphlet scandal. The prosecution relied on two alleged eye‑witnesses, one of whom was declared hostile, and on circumstantial evidence such as t…

The appellant was convicted of murdering his son under Section 302 IPC and sentenced to life imprisonment. Evidence showed that only the appellant, his wife (the mother), and the deceased were present, and the appellant's blood‑stained clothes matched the victim's blood group. The trial and high courts affirmed the con…

The appellants were arrested for transporting 500 grams of brown sugar, a commercial quantity under the NDPS Act, and were convicted under Sections 8(c), 21 and 29, receiving 15 years' rigorous imprisonment and a fine of Rs.1.5 lakh with a default imprisonment of three years for non‑payment. They appealed, seeking redu…

The appellants, MD Sahabuddin and others, were arrested for transporting 347 cartons of Phensedyl and 102 cartons of Recodex cough syrups, each containing codeine phosphate in quantities exceeding the limits prescribed under the Central Government notifications. They possessed no valid transport documents and could not…

Shanti Devi was convicted for murder (Sec. 302 IPC) and for causing the disappearance of a body (Sec. 201 IPC) after the father of PW2 allegedly visited her house on 22‑08‑1997 and never returned. The prosecution relied on a series of circumstantial facts: the victim’s disappearance, the appellant’s misleading statemen…

The Delhi University Bulletin for 2011‑12 reserved 30 of 150 MBBS seats in Lady Harding Medical College for Nominees of Government of India (NGOI), exempting them from the Delhi University Medical and Dental Entrance Test (DUMET). Female general‑category candidates who cleared DUMET but were not admitted challenged the…

The case involved a claim for compensation under Section 166 of the Motor Vehicles Act after the death of Nanag Ram, a 36‑year‑old machine operator, in a road accident. The claimants sought Rs.24 lakh, while the insurer challenged the award on several grounds. The Supreme Court examined whether the High Court should ha…

Cox & Kings Ltd. entered into a joint‑venture with IRCTC to operate a luxury tourist train under a lease of the train to the joint‑venture company. IRCTC later terminated the lease, prompting Cox & Kings to invoke Section 9 of the Arbitration and Conciliation Act, 1996 seeking a stay of termination and the appointment …

The landlords, Mohd. Ayub & Anr., sought eviction of tenant Mukesh Chand under Section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, claiming a bona‑fide need for the premises for their unemployed sons. The lower authorities dismissed the application, relying on the landlords' …

The Supreme Court examined a detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986 against Munagala Anjaiah, who was alleged to be a bootlegger violating the Andhra Pradesh Prohibition Act, 1995. The appellant's wife challenged the order, and the High Court upheld it, reasoning th…

The State of Gujarat and the Mamlatdar sought to enforce the Gujarat Agricultural Lands Ceiling Act, 1960 against Manoharsinhji Pradyumansinhji Jadeja, whose 587 acres of land were declared surplus. Jadeja contended that the lands were "urban land" under the Urban Land (Ceiling and Regulation) Act, 1976 and therefore o…

The appellants, heirs of a plot of land in Borivali, challenged the reservation of their land for a municipal office under a Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the scheme was finalized, an arbitrator determined compensation, which was paid, and the…

The appellants were convicted under Sections 147 and 327/149 of the IPC and sentenced to three months and three years rigorous imprisonment respectively. In the High Court appeal they did not contest the conviction but sought a reduced sentence, which the High Court partially granted by lowering the term for the Sectio…

The case involved the murder of Gour Chandra Sarkar, for which six persons, including Surajit Sarkar, were charged. The trial court convicted Surajit under Section 302 IPC, while acquitting the other accused, and the High Court upheld this conviction. On appeal, the Supreme Court examined whether a cryptic telephonic c…

The appellants and a third accused were caught with two cans containing 40 litres of arrack in an auto‑rickshaw and were convicted under Section 8(1) read with 8(2) of the Kerala Abkari Act. The trial court sentenced them to three years' rigorous imprisonment, a fine of Rs 1,00,000 and a default year of imprisonment fo…

Gudu Ram was accused of assaulting his cousin Dalip Singh and another resident, Jai Pal Singh, with a wooden stick (thapi), resulting in Dalip Singh's death. The sole eyewitness, Jai Pal Singh, turned hostile during trial, yet the trial court and High Court convicted the appellant for murder under IPC s.302. On appeal,…

The appellants purchased a flat from a detenu and his wife after notices under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) had been served, and later the Competent Authority forfeited the property under Section 7, declaring it vested in the Central Government…

The appellant Munish Mubar was convicted for the murder of Ashok Jain based on a series of circumstantial evidences, including a love triangle, the appellant's car parked at Delhi airport at the time of the murder, phone call records placing him near the crime scene, hotel stays, and recovery of blood‑stained items and…

The Board of Trustees of Martyrs Memorial Trust, a public charitable trust, was allotted government accommodation in Ballia, Uttar Pradesh, which was later cancelled by the District Collector who also acted as the Trust's Secretary. The Trust challenged the cancellation, alleging the Collector acted without a Trust mee…

The appellant, Babla @ Dinesh, was convicted by a trial court and sentenced to life imprisonment under Sections 302 and 149 of the IPC for a murder committed on 1‑12‑1991. He contended that he was a juvenile at the time of the offence, but the High Court rejected the plea on the ground that it was not raised before the…

The appellant Deepak, along with four others, was convicted of offences under Sections 395, 396 and 397 of the Indian Penal Code for a dacoity that resulted in the death of one victim and grievous injuries to another. The appellant challenged the conviction on the grounds that the essential ingredient of five participa…

The Tribal Mission established an unaided English‑medium school in Kerala in 2001 and applied for state recognition in 2003. The Government, relying on its 2007 policy and the Kerala Education Rules (KER) 1959, rejected the application, noting that three recognized schools existed nearby and that granting recognition c…

The appellant, Rakhal Debnath, was charged with abetment of suicide under Section 306 IPC and cruelty under Section 498A IPC after his wife died from severe burns within 35 days of their marriage. The prosecution alleged that the husband demanded money from his father‑in‑law, pledged his wife's jewellery, and maintaine…

The appellants, three agricultural workers, trespassed onto the deceased's land, leading to a heated verbal altercation and an assault with axes and a wooden plough part, after which the victim fell and later died from grievous injuries. The trial court convicted the principal assailant under Section 302 IPC read with …

Smt. Khazani obtained a loan from Gurgaon Gramin Bank to purchase a buffalo and insured the animal for Rs.15,000 with New India Assurance. After the buffalo died, the bank failed to process her insurance claim, prompting her to file a complaint before the District Consumer Disputes Redressal Forum, which ordered the in…

The Supreme Court examined whether a medical college can increase its MBBS seats without prior permission of the Central Government under the Indian Medical Council Act, 1956. The Court held that Section 10A requires prior Central Government permission, based on the Council’s recommendation, for any increase in admissi…

The husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 alleging mental cruelty by his wife, who had publicly defamed him, hidden his clothes and keys, and made false criminal allegations. The trial court and appellate courts dismissed the petition, deeming the evidence unreliable a…

The Municipal Council of Sendhwa invited tenders for an integrated water supply scheme and accepted the bid of M/s P.C. Snehal Construction Company (respondent No.2). Tejas Constructions & Infrastructure Pvt. Ltd. (appellant) challenged the award on two grounds: the successful bidder had not filed audited balance‑sheet…

The Supreme Court examined whether the Copyright Board, under Section 31(1)(b) of the Copyright Act, 1957, could grant an interim compulsory licence while a complaint was pending. The Board had earlier held it lacked such power, but the Delhi High Court reversed that view and directed the Board to grant an interim lice…

The Supreme Court examined whether a High Court could, while refusing anticipatory bail under Section 438 of the Code of Criminal Procedure, direct that the accused would be released on bail by a magistrate upon surrender. The Court held that such a blanket direction is beyond the statutory mandate of Section 438, viol…

The appellants were summoned by a Metropolitan Magistrate under Section 204 of the CrPC after a FIR under Section 420 IPC was lodged by Respondent No.2 in a property dispute concerning the assets of the late Gulshan Kumar. The appellants challenged the summoning order, arguing that the magistrate had not provided reaso…

The State of Jharkhand advertised 350 vacancies for police drivers, requiring candidates to hold a licence for heavy motor vehicles or a combined licence for light and heavy vehicles. The original merit list published on 29 May 2005 included the appellants, but a revised list on 23 August 2005 excluded them because the…

The appellant was elected to the Maharashtra Legislative Assembly. An independent candidate, Y, filed an election petition challenging the rejection of his nomination paper, but later withdrew the petition. Within fourteen days, Bhagwat, who had not contested the election, applied under Section 110(3)(c) of the Represe…

The deceased, a 26‑year‑old unmarried man, was killed in a road accident. His parents and unmarried sister filed a claim under s.166 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal awarded Rs 8,66,000, applying a 50% deduction for personal and living expenses and a multiplier of 17 …

The appellant's husband, Yumman Somendro, was arrested in January 2011 for murder and, while in police custody, was served with a detention order under the National Security Act (NSA) dated 31 January 2011, which was later confirmed by the Governor for twelve months. The order was based solely on the subjective satisfa…

The appellant challenged the detention of his father under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981. The detenu had been arrested for an offence on 14 August 2010 and was released on bail on 15 August 2010, with a bail condition later r…

The Coal Mines Provident Fund Commissioner (appellant) challenged a Jharkhand High Court order that upheld a suit filed by a former lower‑division clerk (respondent) who had been removed from service. The central issue was whether the Commissioner, as a public officer under Section 2(17) of the Code of Civil Procedure …

Krishan Lal was convicted of murder and originally sentenced to death, which was later commuted to life imprisonment. The Supreme Court, in Subash Chander v. Krishan Lal (2001), held that his life sentence meant imprisonment for the rest of his life, precluding any commutation or premature release under Section 401 of …

The National Bank of Oman filed a private complaint in the Court of the Chief Judicial Magistrate (CJM), Ahmednagar, alleging that Barakara Abdul Aziz cheated the bank of AED 43,15,000. The CJM issued process under IPC sections 418 and 420 without first conducting an enquiry or ordering an investigation as required by …

The case concerned two probationary officers of State Bank of India who were terminated after being alleged to have used unfair means in a confirmation test. The bank, relying on a report from the Institute of Banking Personnel Selection (IBPS) and seating‑arrangement evidence, extended their probation and then dismiss…

In a partition suit, the suit property was ordered to be sold by public auction. J.S. Exim Ltd., the highest bidder, paid 25% of the bid amount by demand drafts on the auction day and the remaining 75% within the statutory period. The judgment debtor, Ram Karan Gupta, challenged the sale alleging non‑compliance with Or…

The case involved a bank manager (A‑1) and a private firm proprietor (A‑2) who were accused of conspiring to defraud the Central Bank of India by sanctioning loans without obtaining mandatory undertaking letters, bypassing pre‑inspection requirements, and crediting the proceeds to A‑2’s account. The prosecution present…

The Supreme Court dealt with the sale of immovable property of Jay Electric Wire Corporation Ltd., a company under liquidation, which had been sold to the appellants for Rs. 2.50 crore in 2006. Secured creditors and the workmen's union challenged the sale, alleging procedural irregularities, unfair price, and the limit…

The Environment & Consumer Protection Foundation filed a writ petition under Article 32 seeking directions to improve basic infrastructure in government, aided and locally‑run schools so that the right to free and compulsory education under Article 21A could be realised. While the petition was pending, Parliament enact…

The appellants were officers of Canara Bank who resigned between 1986 and June 1993, i.e., before the statutory settlement dated 29‑Oct‑1993 and the Canara Bank Employees' Pension Regulations, 1995 came into force. They claimed entitlement to a pension in lieu of the Contributory Providable Fund, relying on the pension…

Vinod Kapoor challenged the construction of a bungalow on C‑land in Goa, alleging violations of the Town and Country Planning Act, 1974 and the Coastal Regulation Zone notification under the Environment (Protection) Act, 1986. The Bombay High Court dismissed his writ petition on the basis of a technical report and late…

The petitioner filed an RTI application seeking the third respondent's service records, disciplinary memos, and details of his assets and gifts, most of which were contained in his income‑tax returns. The Central Information Commissioner (CIC) held that the requested information fell within the definition of "personal …

Jodhbir Singh was arrested for possession of 2 kg of heroin under the NDPS Act. He claimed to be a juvenile at the time of the offence, producing a school leaving certificate and a State Council certificate showing his date of birth as 20‑07‑1996. The Sessions Court and the High Court rejected his claim, relying on his…

The appellant, Seva Lal, obtained a mutation order from the Naib Tehsildar, which the respondents challenged under Section 210 of the Uttar Pradesh Land Revenue Act, 1901. The Sub‑Divisional Officer remanded the matter, leading the appellant to file a revision under Section 218 before the Additional Commissioner, which…

The appellants were convicted for the murder of Pyara Singh, who died after being assaulted with lathis by four accused. The trial hinged on the testimony of three eye‑witnesses, including the victim's son and wife, while the post‑mortem report prepared by the government medical officer (PW3) claimed no injuries and fa…

The appellants, who qualified for postgraduate medical courses in Odisha as direct (open) candidates, challenged Clause 11.2 of the prospectus and the third proviso to Clause 9(2)(d) of the MCI regulations that gave additional weightage to in‑service candidates applying through the open category. They argued that the w…

The appellant State prosecuted Sanjeev Nanda for a 1999 hit‑and‑run accident in which six persons died and one was injured after he, allegedly under the influence of alcohol, drove a BMW at high speed and fled the scene. The trial court convicted him under Section 304(II) IPC (culpable homicide not amounting to murder)…

The Bar Council of India challenged the constitutional validity of Sections 22‑A to 22‑E of the Legal Services Authorities Act, 1987 (as inserted by the 2002 Amendment), arguing that they were arbitrary, violated Articles 14 and 21, denied a right of appeal and encroached on the jurisdiction of special statutes. The Su…

The Supreme Court, in response to numerous applications seeking clarification or modification of its 27 April 2012 judgment, reaffirmed that Rule 100 of the Motor Vehicles Rules, 1989 bars the use of any black film or other material on safety glasses, windscreens or side glasses of vehicles, regardless of the visual li…

The appellant, a Fair Price Shop dealer, was entrusted with distributing rice free of cost under the Food for Work Scheme. An inspection revealed that he disposed of 67.65 quintals of rice in the black market without the required coupons, indicating dishonest misappropriation of government property. He was convicted un…

Dr. Mehmoood Nayar Azam, an Ayurvedic doctor and social activist, was arrested and taken into police custody where he was forced to hold a placard with self‑condemning words and photographed; the photograph was later circulated, causing humiliation and mental trauma. The High Court found that he had been subjected to c…

The appellant, an independent candidate, filed an election petition challenging the acceptance of nomination papers of the other candidates on the ground that their affidavits were not in the prescribed format required under the Representation of People Act and Election Commission directions. The High Court dismissed t…

The appellants filed a suit for specific performance but initially paid only a deficient court fee. After multiple representations and condonation of delay, the trial court allowed the deficit fee to be paid well beyond the limitation period. The second defendant, a pendente‑lite purchaser, was impleaded and challenged…

The Church of Christ Charitable Trust & Educational Charitable Society (appellant) challenged the Madras High Court Division Bench’s reversal of a single judge’s order rejecting the plaint against it in a suit for specific performance filed by M/s Ponniamman Educational Trust (respondent). The Supreme Court examined wh…

The Supreme Court examined several petitions for compassionate appointments of dependents of government employees who died in service, filed under the Kerala Education Rules and a 1999 Government Order. It held that applications must be made within two years of death, or within three years after a minor attains majorit…

The appellant, Brijesh Mavi, was charged with murder (IPC s.302) and possession of a counterfeit stamp (IPC s.460) read with s.34, as well as illegal possession of a firearm (Arms Act s.25). The sole eye‑witness identified only a different accused, and the appellant was later linked to the case through his own confessi…

The Union of India appealed the acquittal of Mohanlal and another by the Madhya Pradesh High Court, which had held that the prosecution failed to prove the destruction of 3.36 kg of opium seized under Sections 8/18(b) read with 29 of the NDPS Act. The Supreme Court examined whether the lack of proof of destruction inva…

The accused R. Mohan was convicted under Section 138 of the Negotiable Instruments Act for issuing a cheque without sufficient funds and was sentenced to three months' simple imprisonment and ordered to pay Rs.5 lakh compensation to the complainant A.K. Vijaya Kumar under Section 357(3) of the CrPC, with an additional …

The appellant, a returned candidate, challenged an election petition filed by the respondent alleging corrupt practices under Sections 123 of the Representation of the People Act, 1951. The High Court, despite noting deficiencies in the petition, directed the respondent to amend the pleadings and verify them, rather th…

The appellant, Arjun, was convicted of murder (s.302 IPC) and causing grievous hurt (s.326 IPC) after he attacked Jagannath and his family during a property dispute, using a large knife to inflict fatal head injuries on the deceased and injuries on the deceased's wife. The appellant claimed he acted in private defence,…

The petitioners, private unaided medical and dental colleges in Madhya Pradesh, challenged the manner in which unfilled NRI seats were to be allocated. The State argued that such seats should merge into the general pool and be filled through the state‑conducted common entrance test, following the view expressed in R.D.…

The Parsee Girls' School Association, a public trust, leased two floors of its school building to New India Assurance Company Ltd. (NIAC) in 1954. NIAC sub‑let the premises to the Ministry of Food and Civil Supplies, Government of Maharashtra in 1959 without the trust's consent. The trust sought recovery of possession …

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent for dishonoured cheques, after serving a statutory notice on 23‑09‑2008. The complaint was lodged on 07‑10‑2008, i.e., before the expiry of the 15‑day period prescribed in the proviso to Section 138(c). The magist…

M/s Hotel Ashoka, a dealer under the Karnataka Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956, sold goods at its duty‑free shop in Bengaluru International Airport before the goods crossed the customs frontiers of India. The Assistant Commissioner of Commercial Taxes assessed Rs. 4,20,70,900 as sales tax,…

Susanta Ghosh, a sitting MLA, was named in a fourth FIR lodged nine years after a 2002 incident in which seven persons were killed. The earlier three FIRs and charge‑sheets did not mention him. He had earlier been granted anticipatory bail, but the trial court denied regular bail, prompting an appeal to the Calcutta Hi…

The appellant, a member of Raia Village Panchayat in Goa, was disqualified by the State Election Commission under Section 10(f) of the Goa Panchayat Raj Act, 1994 because her husband secured a contract with the same Panchayat for collection of market fees. The appellant challenged the disqualification, arguing that mer…

The Delhi government sought to acquire 80 bighas 15 biswas of land, including 21 bighas 3 biswas belonging to the appellants, for a 400/220 KV electric sub‑station. It invoked Sections 17(1) and 17(4) of the Land Acquisition Act, 1894, dispensing with the hearing provisions of Section 5A(2) on the ground of urgency lin…

The case involved twelve accused members of an ashram who were charged with murdering a woman, Leelavathi, who was a trustee of the ashram. The prosecution relied on circumstantial evidence, including the fact that the accused were last seen with the deceased, distress cries heard by a neighbor, commotion in the ashram…

The petitioner filed Special Leave Petition (SLP) No.7735 of 2010 against respondent Surjit Singh, who had actually died on 09‑06‑2009, a fact discovered only later. The petitioner then moved Interlocutory Application (I.A.) No.2 seeking substitution of the deceased respondent’s legal representatives and I.A. No.3 seek…

The State of Maharashtra transferred a group of under‑trial prisoners from Arthur Road Jail in Bombay to other jails, citing overcrowding and security concerns, and the jail authorities later used force to quell a disturbance involving some of those prisoners. The prisoners filed writ petitions alleging that the transf…

The appellants' ancestral land was notified for acquisition in 1964, but the acquisition proceedings lapsed while the State took possession and handed it over to the Maharashtra Industrial Development Corporation without paying compensation. The appellants filed a writ petition seeking compensation, which the High Cour…

Gwalior Sugar Co. Ltd., a private limited company, was granted 215 bighas of land in 1941-42 for setting up a sugar factory, with pattas prohibiting agricultural use. Facing financial difficulties, the company sold about 9 bighas of surplus land, leading to a public interest litigation alleging violation of the patta c…

The appellants, Bishnu Sarkar and his brother Madhab Sarkar, were convicted under Section 304 Part I read with Section 34 of the IPC for the death of Shyamalendu, an Income Tax Inspector, after a verbal altercation escalated into a physical assault. The trial and High Courts upheld a ten‑year rigorous imprisonment for …

The Haryana State Industrial Development Corporation (HSIDC) sought review of a Supreme Court judgment that fixed compensation for land acquired for an industrial township, alleging that the market value was based on a fraudulent sale deed (Exhibit P1) between two companies allegedly under common management and that th…

The Village Panchayat of Calangute revoked an occupancy certificate and permission for a construction by Kay Jay Constructions after complaints that the building blocked a water well and chapel. The Sarpanch issued a notice under Section 64 of the Goa Panchayat Raj Act to stop further construction. The Additional Direc…

The petitioners challenged the constitutional validity of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), which authorises preventive detention of persons whose activities are prejudicial to the conservation or augmentation of foreign exchange. They argu…

P. Sanjeeva Rao was tried under the Prevention of Corruption Act for demanding and receiving a bribe. During the trial, prosecution witnesses PW1 (the complainant) and PW2 (an independent witness) were examined, but their cross‑examination was deferred pending the examination of the trap‑laying officer PW11. The appell…

Two Indian fishermen were killed when an Italian-flagged vessel, M.T. Enrica Lexie, allegedly opened fire while its Naval Military Protection Squad (NMP) was on board. The Kerala Police detained the vessel and a Circle Inspector issued a notice prohibiting it from sailing without permission. The vessel challenged the d…

The State of Kerala sought to confiscate a vehicle used by the accused to transport ivory obtained from the illegal killing of wild elephants, invoking Section 61A of the Kerala Forest Act, 1961. The vehicle was seized in 1996 and the District Judge, upheld by the High Court, set aside the confiscation, holding that iv…

The plaintiffs obtained a decree for permanent injunction, which was set aside by a first appellate court that remanded the suit for fresh trial under Order 41 Rule 23A of the Code of Civil Procedure. The plaintiffs filed a civil miscellaneous appeal under Order 43 Rule 1(u) challenging the remand order, but the Madras…

In the 25‑Champua Assembly constituency, an independent candidate died after the withdrawal deadline but before polling, yet his name remained on the Electronic Voting Machine (EVM) and he received 550 votes. The election petitioner alleged that, had the deceased candidate’s name been masked, those votes would have gon…

The appellants were convicted of murder under Sections 302 and 34 IPC based primarily on the testimony of a single witness (PW7) and the alleged motive that one accused disapproved of the victim's relationship with his sister. The Supreme Court examined the reliability of PW7, noting a material contradiction between hi…

Vismay Digambar Thakare, a former employee, appealed against Ramchandra Samaj Seva Samiti and an institution for back wages. The High Court had set aside a tribunal award of back wages. During the Supreme Court hearing, the parties negotiated a settlement where the respondents agreed to pay Rs 1 lakh as full and final …

Ravi Yashwant Bhoir, elected President of Uran Municipal Council, was disqualified for the remainder of his term and barred for six years under Section 558 of the Maharashtra Municipal Councils Act on allegations of misconduct, including failure to call a General Body meeting and awarding tenders at higher rates. The S…