Judgments of 2013

The State of Maharashtra acquired agricultural land for the purpose of establishing an industrial estate under the Land Acquisition Act, 1894. The Special Land Acquisition Officer initially awarded compensation of Rs 50,000 per hectare, which the landowners challenged. The reference court, on a petition under Section 3…

The appellant, a Development Officer of Life Insurance Corporation of India, claimed a deduction of 40% of his incentive bonus in his income‑tax returns, arguing that the amount represented expenses incurred in canvassing business. The Income Tax authorities rejected the claim, holding that the bonus formed part of his…

Harivadan Babubhai Patel (A‑1) and three others were tried for kidnapping, murder and conspiracy under Sections 342, 346, 302, 1208 and 201 IPC read with Section 34. The trial court convicted A‑1 and A‑2, acquitting A‑3 and A‑4; the High Court later acquitted A‑2 but upheld A‑1's conviction. On appeal, the Supreme Cour…

The appellant, a helmsman on the cargo ship "Lok Prem", was convicted under Section 302 IPC for allegedly murdering a fellow helmsman, L. Shivaraman, based primarily on circumstantial evidence and an alleged extra‑judicial confession to an engine officer. The prosecution relied on the appellant's fingerprints on a bloo…

The husband, Darshan Gupta, filed a petition for dissolution of marriage on the grounds of cruelty (s.13(1)(ia)) and his wife’s alleged incurable unsound mind (s.13(1)(iii)) under the Hindu Marriage Act. The wife, Radhika Gupta, sought restitution of conjugal rights. The Family Court and High Court dismissed the husban…

The case concerned a claim by a Motor Vehicles Inspector (Grade II) for out‑of‑turn/accelerated promotion to Regional Transport Officer under Rule 36(b)(ii) of the Tamil Nadu State and Subordinate Services Rules. The appellant senior officers argued that the Special Rules governing promotion and transfer in the Tamil N…

The Supreme Court heard a public‑interest writ petition seeking the cancellation of a mining lease and a ban on mining within one kilometre of the 16th‑century Jambunatha Temple, a protected monument in Karnataka. The petition challenged mining activities that were alleged to have caused structural damage to the temple…

Retired police inspector N. Sengodan issued a press statement urging the formation of a police association. The State of Tamil Nadu declared him a "goonda" and detained him under Section 3(2) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, also filing criminal charges under the Police (Incitement to Dis…

The Supreme Court examined whether industrial/commercial electricity users could file complaints before a Consumer Forum against assessment orders under Section 126 of the Electricity Act, 2003 or actions under Sections 135‑140 of the same Act. The petitioners (U.P. Power Corporation Ltd. and others) argued that such p…

The appellants, employees injured in a lorry accident, claimed compensation under the Workmen's Compensation Act, 1923. The Workmen's Compensation Commissioner awarded compensation based on disability certificates issued by a qualified orthopaedic surgeon, without requiring the appellants to produce X‑ray films before …

The appellant, a 60% hearing‑impaired candidate, secured the first merit for a Group ‘D’ non‑teaching post in a West Bengal school and was appointed, but the second‑ranked respondent challenged the appointment on the ground that the appellant had exceeded the prescribed upper age limit. The appellant claimed entitlemen…

The petitioners, including Essar Teleholdings Ltd., challenged the Delhi High Court's administrative order and the NCT of Delhi's notification appointing a Special Judge to try the 2G spectrum case, arguing that the Special Judge lacked jurisdiction to try IPC offences (420/120‑B) arising from the same transaction. The…

The case involved a Rs 65 crore investment in CANCIGO units of Canbank Mutual Fund (CMF) by four subscribers, where B. Raghuvir Acharya (Trustee/General Manager) and Hiten P. Dalal (approved broker) were alleged to have obtained a false brokerage of Rs 32.5 lakhs. The Special Court convicted Acharya and Dalal, but acqu…

The complainant, a resident of Bhiwani, presented a cheque drawn by the appellant on a Guwahati bank, which was stopped and returned unpaid. After sending a legal notice under Section 138 of the Negotiable Instruments Act, the complainant filed a complaint in the Judicial Magistrate Court at Bhiwani, which initially he…

The appellants, Birendra Das and another, were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Matilal Das. The prosecution proved that the deceased was hacked to death, that the appellants were present armed with deadly weapons, and that they dragged the dead body to Birendr…

The State of Rajasthan acquired 15.5 hectares of land to set up a North‑Western Railway Zone complex and staff quarters. The landowners challenged the acquisition, arguing that because the project was a railway (a Union subject) only the Central Government could be the "appropriate Government" under Sections 4 and 6 of…

The National Textile Corporation (U.P.) Ltd. (NTC) sought possession of Bungalow No.2 of the Swadeshi House, claiming it vested in it under the Swadeshi Cotton Mills Company (Acquisition and Transfer of Undertakings) Act, 1986. The respondents, led by Dr. Raja Ram Jaipuria, contended that the bungalow was never part of…

The claimants, the dependants of a deceased motorcyclist, were awarded compensation by the Motor Accidents Claims Tribunal after a fatal accident involving a Maxi Cab. The insurer, United India Insurance Co., appealed, arguing that the driver, who held a licence for light motor vehicles but not an endorsement for comme…

The appellant, Mrs. Aparna A. Shah, challenged criminal proceedings initiated under Section 138 of the Negotiable Instruments Act for a cheque dishonoured due to insufficient funds. The cheque was issued by her husband from a joint account and was signed only by him. The Supreme Court examined whether a joint account h…

The appellant, Mohit alias Sonu, and another were not summoned under an application filed by the complainant under Section 319 CrPC, and the Sessions Court rejected the application twice. The complainant challenged the rejection in the High Court by invoking the inherent power under Section 482 CrPC, which led the High…

The appellant Karthick was convicted for rape and cheating after he forced sexual intercourse on the prosecutrix Poomari by gagging her and promising to marry her, thereby obtaining her consent through deceit. The first assault occurred when she was alone at home; subsequent intercourse continued for six months under t…

The appellant, Vanchalabai Raghunath Ithape (by legal representatives), executed a deed in 1967 transferring land to Shankarrao Baburao Bhilare for Rs.3,000 with a clause that the land would be returned if the amount was paid within five years. The appellant later claimed the deed was a mortgage by conditional sale and…

The appellant Jarnail Singh was convicted under IPC sections 366, 376(g) and 120‑B for kidnapping and raping a girl who was later found to be a minor. The Supreme Court examined the prosecution's evidence, including the victim's statements under Section 164 CrPC, forensic reports, and corroboration by her father, and r…

The appellants were charged under Section 420 IPC for allegedly cheating a complainant of Rs 30 lakhs and sought anticipatory bail, arguing that the offence fell within the jurisdiction of a Gram Panchayat under the Punjab Panchayati Raj Act, 1994. The High Court dismissed their bail applications and a subsequent writ …

Sarabjit Singh purchased land from Salamat Masih and later claimed that an agreement to sell additional land existed, for which he alleged he paid Rs.3,00,000. He filed an FIR under Sections 420, 379, 427, 506, 148 and 149 IPC alleging fraud by the vendor Ittefaq Singh and his brother, but the FIR contained no details …

The appellant, Neerupam Mohan Mathur, lost his right hand in a bus‑truck collision caused by the negligent driver of a chartered bus. He claimed compensation under Section 110‑A of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs.3,20,000. The Punjab & Haryana High Court enhanced the awar…

Doliben Kantilal Patel, an American citizen of Indian origin, was arrested in connection with a land dispute and alleged that she was repeatedly raped during a five‑day police remand. She filed a complaint under Sections 376 and 1208 IPC, but no FIR was registered. She approached the High Court under Article 226 seekin…

The State of Madhya Pradesh prosecuted Najab Khan and three others for grievous hurt with common intention under IPC s.326 read with s.34. The trial court sentenced them to three years of rigorous imprisonment and a fine. The High Court, noting a compromise between the accused and the victim, reduced the sentence to th…

The appellant's 3.54 acres of agricultural land were acquired for a reservoir project, and the Collector initially paid Rs.6,513.60 based on a market rate of Rs.16 per decimal. The Reference Court later fixed a higher compensation of Rs.250 per decimal and awarded Rs.10,000 for damage to standing crops, relying on two …

The appellant, a proclaimed offender, was apprehended in a house where he allegedly assaulted a police constable, was grappled with, and then fired a country‑made pistol, killing the constable. The trial court convicted him under Sections 302, 332, 186 of the IPC and Sections 25, 27 of the Arms Act. On appeal, the accu…

The State of Rajasthan prosecuted Shiv Charan and others for the murder of Prahlad, alleging that five armed men, including the accused, formed an unlawful assembly and assaulted the victim, leading to his death. The trial court convicted them under Sections 302, 149 and 148 of the IPC and sentenced them to life impris…

The appellant, a 45‑year‑old proprietor who lost his right leg below the knee in a bus accident, claimed Rs. 21,00,000 as compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs. 9,42,822, applying a multiplier of 13 and granting Rs. 1,00,000 for 85% permanent disability. The Hig…

The State of Uttarakhand dissolved the Municipal Council of Haridwar and appointed an Administrator under the Uttar Pradesh Municipal Corporations Act, 1959, to facilitate its conversion into a Municipal Corporation. The Chairman, Kamal Jora, challenged the dissolution on the ground that no hearing was afforded to the …

The Arunachal Pradesh Public Service Commission (APPSC) issued an advertisement for a combined competitive exam in 2006 and later, after the main exam had begun, fixed a 33% cut‑off in each subject through a government Office Memorandum (O.M.) of 7 January 2008, which it adopted by notification on 16 April 2008. Severa…

Manohar Lal Sharma filed a writ petition challenging Press Notes that introduced a policy permitting up to 51 % foreign direct investment in multi‑brand retail trading, contending that the policy was unconstitutional and beyond the government’s authority. The Court examined the competence of the Central Government and …

A partition suit filed in 1999 was compromised in 2001 and the decree was presented for registration in 2007. The trial court directed the Additional District Sub‑Registrar, Siliguri to register the partition deed based on the stamp duty calculated from the suit valuation of Rs.50 lakh. The registrar objected, stating …

The appellant filed an FIR alleging that the respondents forged a will to obtain a mutation order over disputed land. While the criminal trial was pending, the appellant instituted a civil suit seeking declaration of title, injunction and possession of the land. The respondents moved to stay the civil suit on the groun…

Mahendra Nath Das was convicted of two murders, one of which attracted a death sentence that was confirmed by the High Court and the Supreme Court. He filed a mercy petition under Article 72 of the Constitution seeking commutation to life imprisonment, but the petition was rejected after a twelve‑year delay. The appell…

Guddi, a 19‑year‑old married woman, died from 99% burn injuries while in the custody of her father‑in‑law and husband. The prosecution relied on three alleged dying declarations: a Parcha Bayan recorded by an ASI, a magistrate‑signed declaration that was never produced, and a statement recorded under Section 161 CrPC b…

The State of Rajasthan filed a fresh batch of Special Leave Petitions (SLPs) challenging a High Court order dated 29‑11‑2011, which had already been the subject of earlier SLPs that were dismissed. The Supreme Court examined whether a coordinate bench could entertain new SLPs against the same impugned order when the ma…

The accused Habib and Manuwa were acquitted by the trial court for murder under IPC s.302, but the Allahabad High Court set aside the acquittal of Habby and Manuwa, convicting them based on eyewitness and medical evidence. The Supreme Court examined whether an appellate court may re‑appreciate evidence in an appeal aga…

Novartis AG sought a product patent in India for the beta‑crystalline form of imatinib mesylate (Gleevec). The patent office rejected the application on grounds of lack of novelty, obviousness and failure to satisfy the enhanced‑efficacy requirement of section 3(d) of the Patents Act, 1970. Novartis appealed directly t…

The Shrirampur Municipal Council had reserved parcels of land for public purposes under the Maharashtra Regional and Town Planning Act, 1966, but failed to acquire them within the statutory period. The landowners served purchase notices under Section 127 of the Act, after which the Council passed resolutions and sent l…

The Bangalore Development Authority (BDA) acquired land under the Bangalore Improvement Act, 1945, with possession handed over to the government on 9 December 1983. A de‑notification under Section 48(1) of the Land Acquisition Act, 1894 was issued on 5 October 1999, and later recalled on 27 June 2000. The Karnataka Hig…

The appellants challenged an arbitral award that had been set aside by the Delhi High Court. The High Court held the award invalid for lack of notice and hearing to the respondent, invoking Section 34(2)(a)(iii) of the Arbitration and Conciliation Act, 1996, and also made extensive remarks on the parties' conduct. The …

The appellants challenged the acquisition of their land for a bus stand, arguing that the preliminary notification issued on 01‑05‑1980 had lapsed because the declaration under Section 6 was made on 19‑03‑1987, well beyond the two‑year limit imposed by Section 5(2) of the 1981 Amendment Act, and that the State’s invoca…

The appellant, a superintendent at KAVIKA, was convicted under the Prevention of Corruption Act, 1988 for demanding and accepting a Rs 5,000 bribe in exchange for allocating transport loads. The Supreme Court examined whether the statutory presumption under s.20 of the Act could be rebutted; it held that the appellant’…

The Supreme Court examined appeals by Mahalaxmi Co‑operative Housing Society Ltd. against a High Court order that set aside trial‑court orders allowing the society to record a pursis (settlement) under Order XXIII Rule 3 of the CPC in two civil suits concerning land ownership. The Court held that the pursis was valid b…

The appellants were convicted for publicly exhibiting obscene blue films to a young audience under Section 292 read with Section 34 of the Indian Penal Code and Section 7 of the Cinematograph Act. The trial court sentenced them to six months' simple imprisonment and a fine; the appellate court reduced the imprisonment …

Five workers employed on a temporary daily‑wage basis were terminated and approached the Labour Commissioner for conciliation after delays ranging from three to ten years. The Labour Court awarded reinstatement, but the High Court quashed the award on the ground of inordinate delay, directing only a Rs 10,000 compensat…

The appellant’s Eicher truck was seized by police for transporting 28 buffalo calves, and the appellant sought its release under Section 451 of the CrPC. The lower courts rejected the application, invoking Section 68(3) of the Gujarat Animal Preservation (Amendment) Act, 2011, which bars release of a seized vehicle for…