KADAMANIAN @ MANIKANDANversusSTATE REPRESENTED BY INSPECTOR OF POLICE
2016 INSC 84131 August 2016Dismissed
The appellant Kadamanian @ Manikandan and his co‑accused were charged under IPC sections 201, 302, 376 and 404 for the murder of M. Jayalakshmi, whose body was later recovered. The appellant made an extra‑judicial confession to the village administrative officer (PW‑12) detailing the crime and the removal of the victim…
M/S SHANTI CONDUCTORS (P) LTD. ANR.versusASSAM STATE ELECTRICITY BOARD & ORS.
2019 INSC 8131 August 2016Matter referred to larger bench
The Supreme Court examined whether the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (the 1993 Act) applies retrospectively to supply orders placed before its commencement on 23‑09‑1992. The Court held that the Act is prospective, its liability arising only after the buyer …
BABITA LILA & ANOTHERversusUNION OF INDIA
2016 INSC 64031 August 2016Appeal(s) allowed
The appellants, a husband‑wife duo, were searched under the Income Tax Act at their residences in Bhopal and Aurangabad. During the search they denied possessing a safe‑deposit locker, which was later discovered at Aurangabad, leading the Deputy Director of Income Tax (Investigation) Bhopal to lodge a complaint under C…
KEDAR NATH YADAVversusSTATE OF WEST BENGAL & ORS.
2016 INSC 63931 August 2016Appeal(s) allowed
The Supreme Court examined the acquisition of about 1,000 acres of land in Singur, West Bengal for Tata Motors' small‑car project. The Court held that the acquisition was made at the instance of a private company, not for a public purpose, and that the State failed to follow the mandatory procedures under Part VII of t…
YATIN NARENDRA OZAversusKHEMCHAND RAJARAM KOSHTI & ORS.
2016 INSC 119831 August 2016Disposed off
Yatin Narendra Oza, a senior counsel of the Gujarat High Court, was held liable for contempt after making unwarranted speeches, letters and statements that the Gujarat High Court deemed scandalous. The High Court issued a notice under the Contempt of Courts Act, 1971 restraining him from further such activity and from …
DELHI DEVELOPMENT AUTHORITYversusKUSHAM JAIN AND ANOTHER
2016 INSC 119731 August 2016Dismissed
The Delhi Development Authority (DDA) acquired land in 1986 and an award for compensation was passed, but the compensation was never paid to the landowners. DDA paid the amount to the Land Acquisition Collector in 2002, and in December 2013 the amount was deposited in Court without interest. The issue before the Suprem…
LIC OF INDIA AND OTHERSversusKRISHNA MURARI LAL ASTHANA AND ANOTHER ETC.
2016 INSC 29331 March 2016Disposed off
The Life Insurance Corporation (LIC) passed a Board resolution in 2001 to upgrade the basic pension and dearness relief for retirees who left service before 1 August 1997, proposing an amendment to the 1995 Employees Pension Rules (Para 3A of Appendix IV). The amendment required a rule under Section 48 of the Life Insu…
MUKARRAB ETC.versusSTATE OF U.P.
2016 INSC 108430 November 2016Dismissed
Mukarrab and Arshad were convicted for murder and related offences committed in 1994 and sentenced to life imprisonment. They later claimed they were juveniles at the time of the offence, invoking Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, despite having raised the plea for the firs…
A. SATYANARAYANA REDDY AND OTHERSversusPRESIDING OFFICER, LABOUR COURT AND OTHERS
2016 INSC 120230 September 2016Appeal(s) allowed
The appellants were employees of a government undertaking who were laid off and later transferred to another company. The Government of Andhra Pradesh issued a Voluntary Retirement Scheme (VRS) offering a special compensation package, which the appellants accepted, but the VRS did not provide for lay‑off compensation. …
STATE OF U.P. AND ORS.versusZ.U. ANSARI
2016 INSC 93430 September 2016Matter referred to larger bench
Z.U. Ansari, a retired Junior Engineer of the Uttar Pradesh Rural Engineering Department, was subjected to disciplinary proceedings for alleged financial irregularities. The proceedings were initiated after the Minister-in-charge of the department sanctioned the enquiry, invoking Regulation 351‑A of the Civil Services …
ARUN DEV UPADHYAYAversusINTEGRATED SALES SERVICE LTD & ANR.
2016 INSC 120330 September 2016Dismissed
Arun Dev Upadhyaya appealed against a judgment of the Single Judge of the Bombay High Court that enforced an international arbitration award against one of the respondents but not the other. The appeal raised the question of whether a Letters Patent appeal could be filed before the Division Bench under the Commercial C…
ASHIQ HUSSAIN FAKTOOversusUNION OF INDIA & ORS.
2016 INSC 63030 August 2016Dismissed
The petitioner, Ashiq Hussain Faktoo, was convicted by the Supreme Court in 2003 under TADA and the IPC for murder and sentenced to life imprisonment. Review and curative petitions filed earlier were dismissed. He subsequently filed a writ petition under Article 32 seeking release on the ground of the doctrine of ex de…
RAJEEV KUMAR GUPTA & OTHERSversusUNION OF INDIA & OTHERS
2016 INSC 48230 June 2016Disposed off
The petitioners, who are persons with disabilities (PWD) employed by Prasar Bharati, challenged two Government of India office memoranda that denied them the statutory 3% reservation in identified Group A and B posts when such posts were filled by promotion. The core issue was whether the memoranda, which limited reser…
UNION OF INDIA & ORS.versusDILER SINGH
2016 INSC 47930 June 2016Appeal(s) allowed
Constable Oiler Singh of the CRPF left his camp without permission, consumed alcohol and quarrelled with civilians. The disciplinary authority dismissed him under Section 11(1) of the Central Reserve Police Force Act, 1949. Singh filed a civil suit seeking a declaration that the dismissal was illegal; the trial court s…
DEPUTY COMMISSIONER OF COMMERCIAL TAXES (VIGILANCE)versusM/S HINDUSTAN LEVER LIMITED
2016 INSC 47830 June 2016Dismissed
The appellant, Deputy Commissioner of Commercial Taxes, challenged the exemption granted to Mis Hindustan Lever Ltd under the Karnataka Sales Tax Act, 1957, on the ground that the company fixed a uniform maximum retail price (MRP) for tea packets that were marked "inclusive of all taxes" despite some units being tax‑ex…
MAHESHWAR PERI & OTHERSversusHIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH REGISTRAR GENERAL
2016 INSC 48030 June 2016Appeal(s) allowed
The appellant challenged a criminal contempt proceeding initiated by the Allahabad High Court against several persons for an article published on 10 November 2008 that named judges. Two advocates filed an application on 18 November 2008 seeking suo motu contempt action, but the High Court only took suo motu action on 2…
RAGHAVENDRA SWAMY MUTTversusUTTARADI MUTT
2016 INSC 29130 March 2016
The appellant Raghavendra Swamy Mutt challenged an interim injunction granted by the Karnataka High Court in a dispute with Uttaradi Mutt over possession of a religious property. The High Court, without first admitting the second appeal under Section 100 of the CPC or formulating the required substantial question of la…
SAVELIFE FOUNDATION & ANR.versusUNION OF INDIA & ANR.
2016 INSC 28930 March 2016Appeal(s) allowed
The SaveLife Foundation filed a public‑interest writ petition seeking a legal framework to protect by‑standers who assist victims of road accidents, arguing that fear of police harassment deters timely help. The Supreme Court examined whether it could, under Articles 32, 141 and 142 of the Constitution, issue binding g…
HARDEIversusSTATE OF U.P.
2016 INSC 29030 March 2016Dismissed
The appellant, Hardei, a Block Pramukh, was summoned under Section 319 of the CrPC to face trial for alleged embezzlement under the MNREGA scheme, although she was not named in the original FIR or charge‑sheet. The prosecution, after examining witnesses, filed an application under Section 319, alleging that evidence re…
STATE OF PUNJAB & ANR.versusBRIJESHWAR SINGH CHAHAL & ANR.
2016 INSC 28730 March 2016Disposed off
The Supreme Court examined whether the Punjab and Haryana governments could be challenged for appointing law officers without a transparent, merit‑based process, alleging arbitrariness violative of Art.14 of the Constitution. The petitioners, who were law officers on contract, claimed that the States had no realistic a…
STATE OF- UTTAR PRADESH AND OTHERSversusSUBHASH CHANDRA JAISWAL AND OTHERS
2016 INSC 108329 November 2016Appeal(s) allowed
The State of Uttar Pradesh challenged a writ petition filed under Art.226 that sought mandamus against certain respondents for alleged violations of excise licence rules and alleged fraud. The High Court, after examining the investigation, issued a series of sweeping directions ordering the creation of a separate inves…
ASHOK KUMAR & ORS.versusUNION OF INDIA & ANR.
2016 INSC 107929 November 2016Disposed off
The appellants, landowners whose properties were acquired under the Land Acquisition Act, 1894, filed multiple civil appeals seeking compensation. The Supreme Court noted that the factual matrix of each appeal—location of the land, acquisition notifications, and prior compensation determinations—mirrored earlier landma…
BISMILLAH BE (DEAD) BY LRS.versusMAJEED SHAH
2016 INSC 107329 November 2016Appeal(s) allowed
The appellant, a co‑owner of a house in Jabalpur, proved her title to the suit property through a series of registered sale and partition deeds and served a quit notice on the respondent, who had been a tenant of the original owner, Rai Bahadur Motiram Mathuradas. The respondent denied any landlord‑tenant relationship …
ASOKE KUMAR CHAUDHURI AND OTHERSversusKUNAL SAHA AND ANOTHER
2016 INSC 107629 November 2016Appeal(s) allowed
The complainant alleged that three doctors were negligent, leading to his wife's death, and that the Inquiry Committee of the West Bengal Medical Council deliberately ignored expert reports to shield the doctors. He filed a criminal complaint against the Committee members under IPC sections 201, 120B and 219, claiming …
RAVINDRA RAMCHANDRA WAGHMAREversusINDORE MUNICIPAL CORPORATION & ORS.
2016 INSC 107529 November 2016Dismissed
The Supreme Court examined challenges by landowners to the Municipal Corporations of Bhopal and Indore who, under Section 305 of the Madhya Pradesh Municipal Corporation Act, 1956, issued notices to remove or set back building portions projecting beyond the regular line of a public street for a Bus Rapid Transit System…
DELHI DEVELOPMENT AUTHORITYversusISLAMUDDIN & ORS.
2016 INSC 107829 November 2016Dismissed
The Delhi Development Authority appealed against a Delhi High Court order that declared the land acquisition proceedings against the petitioners had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The DDA argued that the petit…
NANDKISHOR SAVALARAM MALU (DEAD) THROUGH LRS.versusHANUMANMAL G. BIYANI (D) THR. LRS. & ORS.
2016 INSC 107429 November 2016Appeal(s) allowed
The landlords leased a house to a partnership firm, Mis Biyani Textile, and later served a quit notice for arrears of rent. The suit for eviction and arrears was filed against the firm’s employee (defendant No.1) and the firm’s partners (defendants Nos.2‑9). The trial court dismissed the employee but decreed against th…
DOKISEELA RAMULUversusSRI SANGAMESWARA SWAMY VARU & OTHERS
2016 INSC 107229 November 2016Appeal(s) allowed
The appellant, Dokiseela Ramulu, a landless cultivator, claimed that he and his ancestors had possessed a parcel of agricultural land in Sangam Agraharam village long before the 1959 notification under Section 3 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, and therefor…
GOVT. OF BIHAR AND ORS. ETC. ETC.versusDAYANAND SINGH ETC. ETC.
2016 INSC 93129 September 2016Disposed off
The State of Bihar amended its judicial service rules in 2009 to introduce reservation for various backward classes, but the High Court quashed the amendments on the ground that the State had not undertaken the constitutionally mandated consultation with the High Court under Articles 233 and 234. The Supreme Court affi…
MADHYA PRADESH STATE ROAD TRANSPORT CORPORATIONversusMANOJ KUMAR & ANR.
2016 INSC 62529 August 2016Disposed off
The Madhya Pradesh State Road Transport Corporation (MPSRTC) introduced a Voluntary Retirement Scheme (VRS) on 1 July 2005, open for applications until 1 August 2005, with a clause stating that once an employee opted, the option could not be withdrawn. Several employees applied within the period but later sought to wit…
COMMISSIONER OF CENTRAL EXCISE, MADRASversusM/S. ADDISON & CO. LTD.
2016 INSC 62129 August 2016Disposed off
The Commissioner of Central Excise appealed against the Madras High Court’s order allowing M/s Addison & Co. Ltd. to obtain a refund of excise duty on turnover discounts claimed via credit notes. The key question was whether a refund under Section 11‑B(2) of the Central Excise Act is permissible when the duty has been …
HIGH COURT OF PUNJAB & HARYANA & ORS.versusJAGDEV SINGH
2016 INSC 56429 July 2016Appeal(s) allowed
The respondent, a judicial officer, opted for a revised pay scale under the Haryana Civil Services (Judicial Branch) and Haryana Superior Judicial Service Revised Pay Rules 2001 and gave an undertaking to refund any excess salary. After his compulsory retirement, the pay rules were revised again in 2003, and an audit s…
SUDHIR CHAUDHARY ETC. ETC.versusSTATE (NCT OF DELHI)
2016 INSC 56329 July 2016Disposed off
The appellants were charged under Sections 384, 511, 420 and 120B IPC and, while in police custody, consented to provide voice samples for comparison with a recording obtained during a sting operation. They objected to being asked to read out inculpatory material from the disputed conversation, arguing that the process…
STATE OF HARYANAversusHUSSAIN
2016 INSC 44729 June 2016Dismissed
The State of Haryana charged Hussain and another accused with house‑breaking, theft and causing death under IPC sections 380, 457 and 460 after a night raid that resulted in the death of the complainant's husband. The trial court convicted both accused and sentenced them to rigorous imprisonment. On appeal, the High Co…
HARYANA STATE & ANR.versusGRAM PANCHAYAT VILLAGE KALEHRI
2016 INSC 45129 June 2016Appeal(s) allowed
The State of Haryana filed a second appeal against a judgment that declared a Gram Panchayat the owner of a 36-kanal piece of land. The High Court dismissed the appeal in limine, holding that it did not raise a substantial question of law under Section 100 of the Code of Civil Procedure. The Supreme Court held that the…
KALIDAS CHUNLLAL PATEL (DEAD) BY L.RS.versusSAVITABEN & ORS.
2016 INSC 44829 June 2016Appeal(s) allowed
Kalidas Chunnilal Patel, deceased and represented by his legal heirs, sued his tenant Ranchhodbhai Govindbhai for arrears of rent, notice charges, mesne profits and eviction on the ground of bona‑fide personal need. During the suit, a government notification brought the Bombay Rents (Hotel and Lodging House) Rates Cont…
M/S. MADURA COATS LIMITEDversusM/S. MODI RUBBER LTD. & ANR.
2016 INSC 44229 June 2016Dismissed
Madura Coats Ltd sought to enforce a winding‑up order against Modi Rubber Ltd. The Company Court ordered winding up, but Modi Rubber filed a reference to the Board of Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). The High Court stayed the windi…
VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITYversusS.S. NAIDU & ORS.
2016 INSC 46229 June 2016Directions issued
The Visakhapatnam Urban Development Authority acquired land for road widening under the Land Acquisition Act, 1894, taking possession on 20 February 1982 and depositing compensation with the court. The landowners repeatedly requested withdrawal of the acquisition, leading to a series of government orders that withdrew …
PRAFUL SUDHAKAR PARABversusSTATE OF MAHARASHTRA
2016 INSC 45329 June 2016Dismissed
The appellant, Praful Sudhakar Parab, a pay‑sheet clerk in the Maharashtra police, lured his colleague, Senior Clerk Prabhudas Narayan Raut, to the office on 7 December 1996 and the victim never returned. The victim’s wife and son testified that they saw the accused and the victim leave together after 9 p.m., and the a…
V. VENKATA PRASAD & ORS.versusHIGH COURT OF A.P. & ORS.
2016 INSC 46129 June 2016Dismissed
The appellants, originally District Munsifs promoted to Sub‑Judges, were appointed as District & Sessions Judges (Grade II) to vacant Fast Track Courts (FTCs) under the 2001 Special Rules for Ad‑hoc Appointments. The respondents were later appointed as direct recruits to regular vacancies under the 1958 Rules. The appe…
SEKHAR SUMAN VERMAversusTHE SUPERINTENDENT OF N.C.B. & ANR.
2016 INSC 44929 June 2016Dismissed
The appellant was convicted under Section 21 of the NDPS Act for possession of 250 grams of heroin seized during a raid by N.C.B. officers at his residence. The raid was led by a gazetted officer, and the appellant was offered in writing a choice to be searched by a gazetted officer or a magistrate, to which he consent…
COMMITTEE OF MANAGEMENT ANURAGI DEVI DEGREE COLLEGE & ANR.versusSTATE OF U.P. & ANR.
2016 INSC 47229 June 2016Dismissed
The Committee of Management of Anuragi Devi Degree College sought a writ of mandamus directing Deen Dayal Upadhyay Gorakhpur University to extend its temporary affiliation for the 2015-16 academic session after the statutory deadline had passed. The college had applied for permanent affiliation, but the university fail…
STATE OF RAJASTHANversusJAG RAJ SINGH @ HANSA
2016 INSC 44429 June 2016Dismissed
The State of Rajasthan appealed the acquittal of Jag Raj Singh (alias Hansa) for possession of opium recovered from a jeep. The Supreme Court examined whether the police complied with the mandatory provisions of Sections 42(1) and 42(2) of the NDPS Act when they acted on secret information and conducted the search. It …
DELHI DEVELOPMENT AUTHORITYversusKENNETH BUILDERS & DEVELOPERS LTD. & ORS.
2016 INSC 45829 June 2016Dismissed
The Delhi Development Authority (DDA) auctioned a 14.3‑hectare parcel of land for residential development on an "as is where is" basis, and Kenneth Builders & Developers Ltd. (the builder) paid the full bid amount and obtained possession. The development agreement required the builder to secure all statutory clearances…
M/S UMESH GOELversusHIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD.
2016 INSC 45729 June 2016Appeal(s) allowed
The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings because "other proceedings…
JAMNADASversusSTATE OF M.P.
2016 INSC 46429 June 2016Dismissed
The case involved the murder of a young bride within six months of her marriage; her body was dismembered and dumped in a park. The prosecution proved that the murder occurred inside the appellants' house, that blood stains were found there, and that the mother‑in‑law was seen discarding the body. The appellants (the f…
MAHIMAN SINGHversusSTATE OF UTTARAKHAND
2016 INSC 46629 June 2016Dismissed
The police stopped a jeep at a check post in Pithoragarh and, after offering to search and in the presence of a gazetted officer and a magistrate, seized 2.1 kg of charas from a boy identified as Mahiman Singh, constituting a commercial quantity under the NDPS Act. He was charged under Section 20 of the NDPS Act, convi…
TARA SFNGH & ORS.versusUNION OF INDIA & ORS.
2016 INSC 47729 June 2016Dismissed
The petitioners, convicted under the NDPS Act and sentenced to more than ten years' rigorous imprisonment, sought a writ of mandamus under Article 32 directing the authorities to grant them remission as per the Punjab Jail Manual. The Court examined whether Section 32A of the NDPS Act bars such remission and whether Ar…
M/S. EMM ENN ASSOCIATESversusCOMMANDER WORKS ENGINEER & ORS.
2016 INSC 45429 June 2016Appeal(s) allowed
M/s Emm Enn Associates (contractor) completed a security‑fencing contract for the Government in July 2000 and received payment on 10 April 2001 for the undisputed portion of the final bill. The contract provided a two‑year defect‑liability period for the Government to recover any over‑payment, but the contractor later …
M/S. SUNDARAM FINANCE LIMITEDversusNOORJAHAN BEEVI AND ANOTHER
2016 INSC 45229 June 2016Dismissed
M/s. Sundaram Finance Ltd., a hire‑purchase financier, sued Noorjahan Beevi and her husband for the balance of Rs.40,138 after seizing and selling a financed vehicle. The borrowers defaulted on the instalment payment on 20 May 1984, after which the financier seized the vehicle on 9 February 1985 and sold it on 30 May 1…
RAJU DEVADEversusSTATE OF MAHARASHTRA
2016 INSC 45529 June 2016Dismissed
The appellant Raju Devade was convicted of murder under Section 302 IPC for allegedly pouring kerosene on an 18‑year‑old girl (Baby) and setting her ablaze. The prosecution relied on the victim’s oral statement to the police and two dying declarations recorded by an Executive Magistrate in question‑answer form, both be…
JAGDISHversusSTATE OF HARYANA
2016 INSC 45629 June 2016Dismissed
The case arose from a street fight between two families on 15 June 2001, during which the appellant Jagdish, armed with a lathi, struck the deceased Zile Singh, leading to his death, and caused injuries to three others. Jagdish was convicted by the Sessions Court under Section 304 Part II and Section 323 of the Indian …
PUNJAB STATE WAREHOUSING CORP.versusBHUSHAN CHANDER & ANR.
2016 INSC 46029 June 2016Appeal(s) allowed
The Punjab State Warehousing Corporation appealed against a High Court order that set aside the conviction of its former Godown Assistant, Bhushan Chander, for criminal breach of trust (IPC s.409) and related offences (s.467, 468, 471) on the ground that prosecution required prior sanction under CrPC s.197. The Supreme…
UNITED INDIA INSURANCE CO. LTD.versusLEISURE WEAR EXPORTS LTD.
2016 INSC 44529 June 2016Dismissed
Leisure Wear Exports Ltd. (the respondent) purchased an open marine cargo insurance policy from United India Insurance Co. Ltd. (the appellant) and later suffered loss of goods during transit to Moscow. The loss was reported, and the consignee (M/s Magna Overseas) authorized the respondent to file a claim. The responde…
UNION OF INDIAversusK.V. LAKSHMAN & ORS.
2016 INSC 44329 June 2016Remitted to Lower Court
The Union of India filed a title suit claiming ownership of a plot of land, which the trial court dismissed on limitation and lack of evidence. The Union appealed under Section 96 of the CPC, also seeking to file additional evidence via Order 41 Rule 27, but the High Court dismissed the appeal in limine and rejected th…
LIFE CONVICT LAL SINGH @ MANJEET SINGHversusSTATE OF PUNJAB & ANR.
2016 INSC 47629 June 2016Disposed off
Lal Singh, a life convict also known as Manjeet Singh, filed a writ petition (Criminal) No. 181 of 2012 under Article 32 of the Constitution challenging the orders of the State of Punjab. The petition was heard by a two‑Judge Bench of the Supreme Court. The Court observed that the issues raised in the writ petition had…
GREATER NOLDA IND. DEV. AUTHORITYversusSAVJTRI MOHAN (DEAD) THROUGH LRS. & ORS.
2016 INSC 46729 June 2016Appeal(s) allowed
The case concerned the acquisition of land in Village Chhapraula for planned industrial development by the Greater Noida Industrial Development Authority (GNIDA) under the Land Acquisition Act, 1894. The petitioners challenged the validity of the notifications invoking the urgency clause under Sections 4(1) and 6, alle…
STATE OF GUJARAT & ANR.versusLAL SINGH @ MANJIT SINGH & ORS.
2016 INSC 46329 June 2016Appeal(s) allowed
Lal Singh, convicted under the Terrorist and Disruptive Activities (Prevention) Act and sentenced to life imprisonment, applied for premature release under CrPC ss.432 and 433 after being transferred to a Punjab jail. The Gujarat Government rejected his application; the Punjab High Court directed Gujarat to reconsider …
MOHAMMAD SADIQUEversusDARBARA SINGH GURU
2016 INSC 35529 April 2016Appeal(s) allowed
In the 2012 Punjab Legislative Assembly election, Mohammad Sadique was elected from the Bhadaur constituency, which is reserved for Scheduled Castes (SC). The election petitioner, Darbara Singh Guru, challenged Sadique's election on the ground that Sadique, being born to Muslim parents, could not claim SC status and th…
PUNJAB & SIND BANKversusPUNJAB BREEDERS LTD. & ANOTHER
2016 INSC 28429 March 2016Dismissed
Punjab & Sino Bank offered a One‑Time Settlement (OTS) to Punjab Breeders Ltd. for full repayment of dues of Rs 5.42 crore, subject to a three‑year lock‑in prohibiting sale of the mortgaged property and, if sold within that period, requiring the bank’s prior permission and a 50% share of any increase in fair market val…
M/S. CASIO INDIA CO. PVT. LTD.versusSTATE OF HARYANA
2016 INSC 27929 March 2016Appeal(s) allowed
Mis. Casio India Co. Pvt. Ltd., a manufacturer of radio pagers in Haryana, claimed exemption from Central Sales Tax (CST) on inter‑state sales of goods it purchased from another dealer holding a valid exemption certificate under Rule 28A. The State of Haryana rejected the claim, contending that the exemption applied on…
JABAL C. LASHKARI & ORS.versusOFFICIAL LIQUIDATOR & ORS.
2016 INSC 28029 March 2016Disposed off
The appellants, heirs of Durgaprasad Lashkari, sought to prevent the Official Liquidator from selling a 199‑year leasehold property of Prasad Mills Ltd., which was under winding‑up. The High Court held that the landlord could not evict on the ground of non‑payment of rent because the secured creditors were ready and wi…
GYANESHWAR SHYAMALversusSTATE OF WEST BENGAL
2016 INSC 28229 March 2016Dismissed
The case involves a violent incident on 9 Oct 1983 in which a group of 35 accused, including the appellants (accused Nos. 1‑5, 10 and 25), armed themselves and attacked Satyaban and an independent witness, PW 4 Muralidhar Kuila, before abducting Satyaban, who was never recovered. The prosecution relied on family member…
GOA FOUNDATION & ANR.versusSTATE OF GOA & ANR.
2016 INSC 28129 March 2016Dismissed
The State of Goa acquired land for a tourism project and entered into an agreement under Section 41 of the Land Acquisition Act, 1894, which contained a clause prohibiting any construction on the acquired land. The hotel company later constructed a building, leading the Bombay High Court to order demolition, an order a…
ANUBHAV KUMAR CHOUDHARY & ORS.versusUNION OF INDIA & ORS.
2016 INSC 22229 February 2016Case Partly allowed
The appellants filed a writ petition in the Patna High Court seeking to file a representation before the National Thermal Power Corporation (NTPC) to ventilate a grievance. The High Court allowed the representation but simultaneously ordered that the appellants would have no liberty to approach the High Court again for…
ROYAL WESTERN INDIA TURF CLUB LTD.versusE.S.I. CORPORATION & ORS.
2016 INSC 22129 February 2016Appeal(s) allowed
The Supreme Court examined whether casual workers employed by Royal Western India Turf Club Ltd. on race days fell within the definition of "employee" under Section 2(9) of the Employees' State Insurance Act, 1948, and consequently whether the club was liable to pay ESI contributions from the 1978-79 period. Relying on…
M/S. KOTHARI INDUSTRIAL CORPORATION LTD.versusTAMIL NADU ELECTRICITY BOARD & ANR.
2016 INSC 10429 January 2016Dismissed
M/s Kothari Industrial Corporation Ltd and other industrial units set up caustic soda plants in Tamil Nadu and were promised a concessional electricity tariff for the first five years by a government letter dated 29‑06‑1976. After the Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 came int…
COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM, KERALAversusMIS K.T.C. AUTOMOBILES
2016 INSC 10629 January 2016Dismissed
The Commissioner of Commercial Taxes of Kerala challenged a penalty of Rs.86 lakh imposed on K.T.C. Automobiles for allegedly evading Kerala sales tax by registering 263 cars sold from its Mahe branch under the Pondicherry Sales Tax Act. The High Court set aside the penalty, holding that the sale was completed at Mahe …
UNION OF INDIA & ORS.versusSALEENA
2016 INSC 11129 January 2016Appeal(s) allowed
The case concerned the detention of Abdu Rahiman under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu filed a representation against his detention, which was rejected by the competent authority; the rejection was communicated to him by an under‑secretary rat…
M/S MADRAS PETROCHEM LTD. & ANRversusBIFR& ORS.
2016 INSC 10729 January 2016Dismissed
Madras Petrochem Ltd. and another filed appeals challenging a Delhi High Court order that stayed the winding‑up of the company before the BIFR. The core dispute was whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) overrides the Sick Industri…
SENIOR DIVISIONAL COMMERCIAL MANAGER & ORSversusS.C.R. CATERERS, DRY FRUITS, FRUIT JUICE STALLS WELFARE ASSOCIATION & ANR.
2016 INSC 10929 January 2016Dismissed
The appellants, senior divisional commercial managers of South Central Railway, challenged the renewal of licences granted to pre‑existing caterers under the 2010 Catering Policy, arguing that the policy applied only to licences issued after its commencement. The respondents, a welfare association of caterers, contende…
DHARAM PALversusSTATE OF HARYANA & ORS.
2016 INSC 11229 January 2016Appeal(s) allowed
The appellant's minor daughter was allegedly raped and, a few days later, his wife was murdered; the police investigation led to the acquittal of the accused in the rape case and a pending trial in the murder case. The appellant sought the transfer of the investigation to the Central Bureau of Investigation (CBI) citin…
MOHD. HASHIMversusSTATE OF UP & ORS.
2016 INSC 106628 November 2016Appeal(s) allowed
The respondents were convicted under IPC sections 323 and 498‑A and under Section 4 of the Dowry Prohibition Act, 1961, and sentenced to imprisonment and fine. They sought release on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. The question before the Supreme Court was whether Sect…
RAM AUTAR & ORS.versusSTATE OF U.P.
2016 INSC 107028 November 2016Case Partly allowed
The incident arose when the deceased's cattle trespassed into the fields of the appellants, leading to a heated exchange. Later that day, while seated in adjacent compounds, an altercation escalated; the appellants, urged by others, fetched a gun and shot the deceased, who was also assaulted with lathis. The trial cour…
DILBAGH SINGHversusSTATE OF PUNJAB
2016 INSC 106728 November 2016Dismissed
The appellant and a co-accused were intercepted while travelling in a car and six bags of poppy husk were seized from the vehicle. The appellant challenged the conviction under the NDPS Act, contending that the investigating officers had violated Sections 50 and 57 of the Act. The Supreme Court examined whether Section…
COMMISSIONER OF COMMERCIAL TAX, U.P.versusM/S OSWAL GREENTECH LIMITED
2016 INSC 728 October 2016Dismissed
M/s Oswal Greentech Ltd., a holder of a recognition certificate under Section 4‑B of the Uttar Pradesh Trade Tax Act, purchased natural gas at a concessional rate using Form III‑B and used it to manufacture urea. Some of the finished urea was transferred out of Uttar Pradesh by way of stock transfer rather than by sale…
PRATAP SINGH YADAVversusHARYANA URBAN DEVELOPMENT AUTHORITY & ANR.
2016 INSC 99828 October 2016Case Partly allowed
The appellant was allotted a residential plot by HUDA in 1998, paid 25% of the price, and later surrendered the plot and received a refund. He subsequently filed a consumer complaint seeking restoration of the plot or an alternative plot with compensation. The District Consumer Forum allowed the complaint, but the Stat…
SHYAM PALversusDAYAWATL BESOYA & ANR.
2016 INSC 100128 October 2016Case Partly allowed
The appellant was convicted in two separate complaints under Section 138 of the Negotiable Instruments Act for issuing dishonoured cheques of Rs.5 lakh each, relating to two loans advanced by the same complainant on different dates but on identical terms. Both trials awarded ten months' simple imprisonment and a fine o…
COMMISSIONER OF COMMERCIAL TAXES & ORS.versusM/S BAJAJ AUTO LTD. & ANR.
2016 INSC 99628 October 2016Appeal(s) allowed
The respondents, dealers of motor vehicles, paid entry tax under the Orissa Entry Tax Act, 1999 and surcharge under the Orissa Sales Tax Act, 1947. A Finance Department circular directed that surcharge under Section SA of the Sales Tax Act be calculated on the gross sales tax payable, not after set‑off of entry tax. Th…
SRI MAIREMBAM PRITHVIRAJ @ PR!THVIRAJ SINGH .versusSHRI PUKHREM SHARATCHANDRA SINGH
2016 INSC 100028 October 2016Dismissed
The appellant, elected as MLA from Moirang constituency, was challenged by the respondent on the ground that the appellant had falsely declared an MBA degree in Form 26, constituting a false declaration of educational qualification. The High Court held the false declaration to be a substantial defect and declared the a…
GUJARAT MARITIME BOARDversusL&T INFRASTRUCTURE DEVELOPMENT PROJECTS LTD. AND ANOTHER
2016 INSC 92728 September 2016Appeal(s) allowed
The Gujarat Maritime Board (GMB) cancelled a Letter of Intent issued to L&T Infrastructure Development Projects Ltd. (L&T) for port development and invoked a Rs 5 crore performance bank guarantee issued by Yes Bank. L&T challenged the cancellation and the invocation of the guarantee, seeking a writ to restrain GMB from…
NAGARPALIKA THAKURDWARAversusKHALIL AHMED & ORS.
2016 INSC 92528 September 2016Appeal(s) allowed
The respondents, claiming to reside outside the limits of Nagar Palika Thakurdwara, filed a suit seeking a permanent injunction, a declaration that they were not liable to pay house tax, and recovery of a modest tax amount of about Rs 11,006.07. The trial court dismissed the suit; the first appellate court allowed the …
SOMASUNDARAM @ SOMUversusSTATE REP. BY DY. COMM. OF POLICE
2020 INSC 41228 September 2016Matter referred to larger bench
The case concerned the abduction and murder of former MLA M.K. Balan. The prosecution’s case against appellants A‑3 (Manickam), A‑4 (Somasundaram) and A‑15 (Bomb Selvam) relied primarily on the testimony of two alleged accomplices, PW‑10 and PW‑11, supported by peripheral witnesses and documentary evidence. The trial c…
STATE OF H.P. & ORS.versusRAJESH CHANDER SOOD ETC. ETC.
2016 INSC 92628 September 2016Appeal(s) allowed
The Himachal Pradesh Government introduced the 1999 Pension Scheme for employees of state-owned corporations, replacing the Employees' Provident Funds Scheme, 1995. After a high‑level committee found the scheme financially unsustainable, the Government issued a notification on 2 December 2004 repealing the scheme, allo…
M/S. GALADA POWER AND TELECOMMUNICATION LTD.versusUNITED INDIA INSURANCE CO. LTD. AND ANOTHER ETC.
2016 INSC 56028 July 2016Appeal(s) allowed
M/s. Galada Power and Telecommunication Ltd. claimed a transit loss of aluminium wire insured with United India Insurance Co. The loss was reported within a few days of delivery, and the insurer appointed a surveyor who confirmed the loss. Despite the surveyor's report, the insurer sent a repudiation letter stating the…
ACC LTD.versusSTATE OF KERALA
2016 INSC 56128 July 2016Dismissed
ACC Ltd entered into an agreement with Cochin Cement Ltd (CCL) whereby CCL would manufacture cement using raw material supplied by ACC and the cement would be marketed under ACC's brand. ACC claimed that, under Section 5(2) of the Kerala General Sales Tax Act, 1963, the sale made by CCL was the first sale and ACC's sub…
DELHI DEVELOPMENT AUTHORITYversusREENA SURI AND ORS.
2016 INSC 35228 April 2016Dismissed
The Delhi Development Authority (DDA) had initiated land acquisition proceedings under the Land Acquisition Act, 1894 and passed awards, but the Collector did not take physical possession of the land within five years before the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettl…
M/S. NORTHERN MINERALS LTD. & ORS.versusRAJASTHAN GOVT. & ANR.
2016 INSC 35328 April 2016Appeal(s) allowed
M/s Northern Minerals Ltd. and its directors were prosecuted under the Insecticides Act, 1968 after a seized sample of their product was declared mis‑branded by the State Pesticide Testing Laboratory. The appellants filed a show‑cause notice, indicated their intention to contest the analyst's report, and sought a re‑an…
VERHOEVEN, MARIE-EMMANUELLEversusUNION OF INDIA & ORS.
2016 INSC 35428 April 2016Dismissed
Marie‑Emmanuelle Verhoeven, a French national, was arrested in India on a provisional basis under Section 34‑B of the Extradition Act, 1962 following a request from the Chilean Embassy for her extradition in connection with the 1991 assassination of a Chilean senator. The petitioner challenged the legality of her arres…
SANKALP CHARITABLE TRUST AND ANR.versusUNION OF INDJA AND ORS.
2016 INSC 35028 April 2016
The petitioners sought a writ of mandamus directing the Union and other respondents to conduct the National Eligibility cum Entrance Test (NEET) for admission to MBBS courses for the 2016-17 academic year. The respondents submitted that NEET would be held in accordance with the Medical Council of India and Dental Counc…
VLS FINANCE LTD. & ANR.versusCOMMISSIONER OF INCOME TAX & ANR.
2016 INSC 35128 April 2016Dismissed
VLS Finance Ltd. and others challenged the Commissioner of Income Tax’s block assessment for the period up to 22 June 1998, arguing that the two‑year limitation under s.158BE(1) of the Income Tax Act had expired. The assessment was delayed because the assessing officer ordered a special audit under s.142(2A), which the…
D. SUDHAKARversusSTATE OF A.P. & ORS.
2016 INSC 27828 March 2016Appeal(s) allowed
The petitioner, a physically disabled Scheduled Caste officer, claimed that he was denied his statutory 3% reservation under Section 33 of the Persons with Disabilities Act, 1995 in the short‑listing process for selection to the Indian Administrative Service (IAS) under the Appointment by Selection Regulations, 1997. H…
SAHYADRI CO-OPERATIVE CREDIT SOCIETY LTD.versusTHE STATE OF MAHARASHTRA AND OTHERS
2016 INSC 27728 March 2016Appeal(s) allowed
The appellants, Sahyadri Co‑operative Credit Society Ltd. and Navhind Co‑operative Credit Society Ltd., had advanced loans to sugar factories Daulat Shetkari Sahakari Sakhar Karkhana Ltd. and Tasgaonkar Sugar Mills Ltd. and obtained a pledge over sugar stock as security. When the factories defaulted, the Commissioner o…
BHARAT ALUMINIUM COMPANYversusKAISER ALUMINIUM TECHNICAL SERVICES INC.
2016 INSC 9628 January 2016Dismissed
Bharat Aluminium Company entered into a 1993 contract with Kaiser Aluminium Technical Services Inc. that contained an arbitration clause specifying that any disputes would be resolved under English arbitration law, while the contract itself was governed by Indian law. The arbitration was conducted in England, resulting…
VIPINCHANDRA VADILAL BAVISHI (D) BY LRS. AND ANOTHERversusSTATE OF GUJARAT AND OTHERS
2016 INSC 10228 January 2016Appeal(s) allowed
The appellants, land‑holders of plots 36‑43 in Survey No. 71, challenged the State of Gujarat's claim that their land had vested in the State under the Urban Land (Ceiling and Regulation) Act, 1976, on the basis of a handwritten corrigendum and a panchnama. The Supreme Court examined whether such a corrigendum could re…
UNION OF INDIAversusMOHANLAL & ANR.
2015 INSC 80828 January 2016
The Supreme Court examined the procedure for seizure, sampling, storage and disposal of narcotic drugs and psychotropic substances under the NDPS Act, 1985, in response to a criminal appeal by the Union of India. It held that Section 52A mandates that samples be drawn and certified in the presence of a magistrate, rend…
DON AYENGIAversusTHE STATE OF ASSAM & ANR
2016 INSC 9828 January 2016Disposed off
Don Ayengia paid Rs 10 lakhs to Nazimul Islam for a construction agreement which later collapsed. A promissory note dated 13‑Aug‑2007 acknowledged the debt and stipulated repayment within a month via five post‑dated cheques, which were to be returned only upon payment. After the deadline the cheques were presented and …
TMT. KASTHURI RADHAKRISHNAN & ORS.versusM. CHINNIYAN & ANR.
2016 INSC 9928 January 2016Appeal(s) allowed
The appellants, the wife and sons of the deceased landlord, sought eviction of the tenant M. Chinnian on grounds of willful rent default and bona‑fide need of the premises. The High Court, on revision, set aside the earlier findings of the Rent Controller and the first appellate court, holding that the eviction petitio…
BIHAR STATE ELECTRICITY BOARD & ORS.versusMIS. BHOLA RAM STEEL PVT. LTD. & ORS.
2016 INSC 10128 January 2016Appeal(s) allowed
The Bihar State Electricity Board (BSEB) sought to recover minimum guarantee charges from Mis. Bhola Ram Steel Pvt. Ltd., an industrial unit that had been granted exemption under the 1995 Industrial Policy for a connected load of up to 500 KVA. The Board argued that the consumer’s Maximum Demand Indicator (MDI) meter s…
STATE OF RAJASTHANversusRAM KAILASH ALIAS RAM VILAS
2016 INSC 10028 January 2016Appeal(s) allowed
The State of Rajasthan prosecuted Ram Kailash alias Ram Vilas for shooting Mangla Ram, who later died from his injuries. The trial court convicted the accused under Section 302 IPC (murder) and sections of the Arms Act, imposing life imprisonment and additional terms. On appeal, the Rajasthan High Court reduced the mur…