Judgments of 2019

The respondent, Pratap Singh, worked as a peon for the Barara Cooperative Marketing‑cum‑Processing Society Ltd from 1973 until his termination in 1985. The Labour Court held the termination illegal and awarded him a lump‑sum compensation of Rs.12,500 in lieu of reinstatement, which he accepted. In 1993 he sought re‑emp…

The Union of India sought review of the Supreme Court's directions in Dr. Subhash Kashinath Mahajan v. State of Maharashtra, which required approval of the appointing authority for arresting a public servant and of the SSP for a non‑public servant, and mandated a preliminary inquiry by a Dy SP before registering an FIR…

The Government of Andhra Pradesh and others challenged the allotment of a parcel of land (Survey No. 129/45/D) to Andhra Prabha Publications under the Urban Land (Ceiling and Regulation) Act, 1976. A Single Judge ordered a survey to determine the true identity of the land; the High Court set aside that order, but the S…

Sudam @ Rahul Kaniram Jadhav was convicted under Sections 302 and 201 IPC for the murder of his wife Anita and their four children, based largely on circumstantial evidence, two extra‑judicial confessions and motive. The petitioner sought a review of the Supreme Court's affirmation of his conviction and death sentence,…

The plaintiff, Matadin, filed a suit in 1990 claiming adverse possession of land based on Khasra entries from 1960‑61, asserting continuous possession for over 30 years. The original owners had sold the land to Urmila Devi on 11‑Oct‑1972, and her name appears in the Khasra in blue ink for subsequent years, while the pl…

Satish Ukey filed a criminal complaint under Section 125-A of the Representation of the People Act, 1951 alleging that MLA Devendra Fadnavis concealed two criminal cases in his Form‑26 affidavit, where cognizance had been taken by the courts. The trial court dismissed the complaint, a Sessions Court remanded it for fre…

The case concerned the validity of caste certificates issued under a 30 July 2011 notification that created district‑level Caste Scrutiny Committees to verify certificates for local body elections. The High Court had quashed the notification, directing recovery and destruction of the certificates, but the order was sta…

Shashi Bhushan Prasad, a constable of the Central Industrial Security Force, was charged criminally under Section 25(1) of the Arms Act for allegedly supplying an unlicensed revolver used in a murder, and was acquitted when prosecution witnesses turned hostile. Simultaneously, a departmental inquiry under Rule 34 of th…

The appellants were convicted for kidnapping, rape, and murder of a three‑year‑old girl based largely on circumstantial evidence, including telephone call records, a scarf, a drawing book, a rexin bag, and chocolate wrappers. The prosecution alleged that the appellants made threatening calls, possessed the bag in which…

Madhusudan Bhanuprasad Pandya, who operated a cement pipe manufacturing business on leasehold land in Ahmedabad, applied for exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976. The State Government rejected the application, and the High Court dismissed his writ petition, holding that the la…

The dispute concerned the office of mutawalli of the historic Andrott Jumah mosque in Lakshadweep. The senior members of the Pattakal family claimed a hereditary customary right to the office, tracing it to Saint Ubaidulla, the mosque’s founder, while the appellants, representing island residents, argued that the right…

Manoharan was convicted for kidnapping, gang‑rape of a 10‑year‑old girl and the murder of the girl and her 7‑year‑old brother, who were thrown into a canal after a failed poisoning attempt. The prosecution proved the offences beyond reasonable doubt through extensive witness testimony, forensic DNA evidence linking Man…

The appellants, home buyers, filed suits against the builder and Axis Bank seeking specific performance, possession and other reliefs concerning flats in the Orbit Heaven project. Axis Bank moved a notice of motion under Order 7 Rule 11(d) of the CPC to have the plaint rejected only against it, invoking the bar under S…

The National Investigation Agency (NIA) investigated the murder of Rudresh and charged Asim Shariff, the Bengaluru unit president of the Popular Front of India, along with four others under multiple provisions of the IPC, Arms Act and the Unlawful Activities (Prevention) Act. Shariff filed an application for discharge …

The appellants, a group of Rotarians, were traveling from Jharkhand to Bihar in a private vehicle when they were stopped at a check post in Nawada. Although no liquor was found in the vehicle, a breath analyser indicated the presence of alcohol in some of the appellants, leading to charges under Section 53(a) of the Bi…

The appellant, Pradeep Ram, was granted bail in 2016 for offences under the IPC, Arms Act and Criminal Law Amendment Act. Subsequent addition of serious offences under the Unlawful Activities (Prevention) Act led the investigating agency to seek his arrest and the Special NIA Judge remanded him to judicial custody. The…

The appellant challenged a partition suit filed by his brother, claiming the properties were self‑acquired, while the plaintiff alleged they were bought with joint family funds and thus belonged to the Hindu joint family. The trial court held the properties were joint family assets and ordered partition; the High Court…

The Supreme Court examined whether the State of Tamil Nadu was legally bound to provide alternate housing sites to landowners whose property was acquired for the Mass Rapid Transit System (MRTS) railway project under the Land Acquisition Act, 1894. The High Court had directed the State and the Tamil Nadu Housing Board …

The Telangana Admission and Fee Regulatory Committee (TAFRC) fixed fee structures for private unaided professional institutions for the 2016‑17 to 2018‑19 block period. The High Court, dissatisfied with the TAFRC's recommendations, remitted the matter, then independently fixed higher fees, effectively usurping the Comm…

The Executive Engineer appealed a High Court order that had enhanced compensation for land acquired under the Land Acquisition Act, 1894, relying on a valuation report prepared by Mr. Ravindra Ghanshyam Chaudhari. The appellant contended that the High Court failed to scrutinise the valuer's competency, eligibility and …

Reckitt Benckiser (India) Pvt Ltd entered into a supply agreement with Reynders Label Printing India Pvt Ltd on 1 May 2014, which contained an arbitration clause. The applicant sought to include Reynders Belgium (respondent No.2), the parent company, in the arbitration, alleging that its representative Frederik Reynder…

The appellant, a driver, was severely injured and permanently disabled in a 2009 road accident caused by two trucks whose drivers lacked valid licences. He filed a claim before the Motor Accident Claims Tribunal (MACT) which awarded compensation based on a notional monthly income of Rs 6,000. The High Court enhanced th…

The appellant, Arshnoor Singh, is the great‑grandson of Lal Singh whose agricultural land passed to his son Inder Singh in 1951, before the Hindu Succession Act, 1956. The property was partitioned among Inder Singh’s three sons in 1964, and the share allotted to Dharam Singh (the appellant’s father) remained coparcenar…

Luxra Enterprises (the complainant) insured its garment factory against fire for Rs 85 lakh. After a fire on 12‑07‑2000 it claimed the loss. The insurer’s head office appointed a first surveyor who accepted a loss of Rs 54,93,865. The insurer later appointed a second surveyor who reduced the loss to Rs 24,76,585 and su…

The appellant and respondent were married in 1998 and later lived separately, leading the husband to file a suit for dissolution of marriage which was dismissed by the trial, district and high courts. While the appeal was pending before the Supreme Court, the parties reached an amicable settlement through mediation, ag…

The Supreme Court examined the conduct of a court‑appointed Administrator who was tasked with amending the Constitution of the Archery Association of India (AAI) and conducting elections. The Administrator unilaterally introduced several amendments beyond the four changes expressly approved by the Court in its order of…

The Uttar Pradesh Housing and Development Board (the Board) floated a housing scheme for economically weaker sections in 1982, for which the respondent paid a registration fee of Rs.500 (later Rs.1000). The registration booklet and the U.P. Awas Evam Vikas Parishad Rules, 1979, required a written consent for participat…

The Shree Shree Ram Janki Ji Asthan Tapovan Mandir Trust and its pujari challenged a Jharkhand High Court order that, based on a public‑interest writ, directed the Central Bureau of Investigation (CBI) to probe the alleged illegal transfer of land belonging to the deity. The High Court had held that the original trust …

The Little Andaman Panchayat Samiti, consisting of five elected members and one Member of Parliament (MP) as an ex‑officio member, scheduled a special meeting to consider a no‑confidence motion against the Pramukh. Only three elected members attended, and the Executive Officer dissolved the meeting, holding that a quor…

The assessees Ryatar Sahakari Sakkarre Karkhane Niyamit filed several appeals under Section 260-A of the Income Tax Act, which were dismissed by the Karnataka High Court without framing any substantial question of law as mandated by Section 260-A(3). The Supreme Court examined whether the High Court complied with the s…

The appellants were among ten persons named in an FIR for a violent incident but were not listed in the charge‑sheet after the investigating officer concluded they were not present at the scene. The investigating officer and the SHO later applied to a magistrate for their release from judicial custody, which the magist…

The original plaintiff filed a suit for declaration of title and permanent injunction, claiming ownership of a property based on a registered sale deed. The defendants contended that the property had become part of a joint family and that the sale deed was merely a security instrument, not an operative transfer, and th…

The case concerned an amendment to the recruitment rules of the Labour Department of Pondicherry that equated the post of Principal, Grade ‘A’ (Senior Scale) with the post of Joint Chief Inspector of Factories (JCIF). The Central Administrative Tribunal and the Madras High Court had set aside the amendment, holding tha…

The case concerned two suits filed by S. Ramasamy for injunction and partition of certain immovable properties, which the trial court dismissed on the ground that the properties were self‑acquired by the father and not part of a joint Hindu family. The first appellate court affirmed this view. The High Court, exercisin…

The State by Karnataka Lokayukta Police Station appealed against a High Court order that quashed criminal proceedings against M.R. Hiremath on the ground that a certificate under Section 65B(4) of the Evidence Act was not produced. The Court examined whether the certificate must be produced at the stage of filing the c…

The respondent, a retired employee, filed an original application before the Orissa State Administrative Tribunal seeking full post‑retirement benefits; the Tribunal granted some benefits but denied others. He then filed a writ petition in the High Court, which partially allowed the petition and directed the State to g…

The case arose from a violent incident on 28 September 2005 near Rosy School, Chozhiyamkod, where the appellant Mani stabbed a victim, Soman, who later died, and eight persons were injured. The trial court convicted Mani under Section 302 IPC and the other three accused under Sections 324 and 341 read with Section 34, …

Dr. D.J. De Souza purchased a TurboChem 100 analyzer from CPC Diagnostics, paying 50% of the price. The contract required the buyer to provide an efficiently air‑conditioned room, a 1 KVA online UPS, and broadband for remote diagnostics before installation. The service engineer rejected the buyer’s existing UPS and ins…

Mahendra Construction purchased a hydraulic excavator that was previously insured with New India Assurance (NIA) from November 2004 to November 2005, during which a claim of Rs 36.66 lakhs was settled. The excavator was later insured with Oriental Insurance for the period October 2006‑October 2007, and a fire incident …

Lt Gen Ravi Dastane challenged the appointments of Lt Gen Dalbir Singh and Lt Gen Sanjiv Chachra as Army Commanders, alleging that the selections were made solely on seniority contrary to the selection criteria and a 1992 policy requiring two senior eligible officers per vacancy. The Armed Forces Tribunal dismissed his…

Gurbaran Singh, a pharmacist employed by the Punjab State Health Services since 1975, resigned in 1986 and was granted only gratuity and provident fund, not pension. He filed a suit seeking pensionary benefits, and the trial and appellate courts awarded him pension, which the State of Punjab appealed. The Supreme Court…

The father, a Union employee, died in May 1996 and his widow sought a compassionate appointment for her son. Initial representations were rejected in 1997 and 1999, and the son only approached the Central Administrative Tribunal (CAT) in 2007, more than a decade after the death. The CAT rejected the application, and su…

The case involved two civil appeals (Nos. 2432 and 2433) arising from special leave petitions (SLPs) filed by Khoday Distilleries Ltd. after a High Court decree in a money suit. Both SLPs were dismissed by the Supreme Court in limine without reasons. The appellants then sought review of the High Court's judgment, raisi…

The appellant, a director of Siddharth Garments Pvt. Ltd., filed a suit for recovery of Rs. 25,00,000 as an individual, although the loan was advanced by the company. The plaint mistakenly named the plaintiff as "Varun Pahwa through Director of Siddharth Garments Pvt. Ltd." instead of "Siddharth Garments Pvt. Ltd. thro…

The Federation of Bank of India Staff Unions and an employee sought to have three workmen nominated as directors of the Bank of India under the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970. The Central Government rejected the panel because the candidates had less than three years of service…

M/s. Vijay Industries appealed against the Commissioner of Income Tax seeking a 20% deduction under Section 80HH for the assessment years 1979‑80 and 1980‑81. The dispute centered on whether the deduction should be calculated on gross profits and gains (before depreciation, unabsorbed depreciation and investment allowa…

The Supreme Court considered two writ petitions challenging a Gujarat Government resolution and subsequent amendment of the Gujarat Minor Mineral Rules that prohibited the movement of sand excavated in Gujarat to other states or countries. The petitioners argued that the State’s rule‑making power under Sections 15 and …

G. Ratna Raj filed a civil suit for redemption of mortgage and injunction against Sri Muthukumarasamy Fund Ltd. The plaintiff presented his evidence and closed his case, after which the suit was called for recording the defendants' evidence. The defendants failed to appear and had not led any evidence, prompting the tr…

The original appellant, owner of land subject to the Urban Land (Ceiling and Regulation) Act, 1976, claimed that ceiling proceedings became void after the Act was repealed in 1999 and filed a writ petition in 2002. The Allahabad High Court dismissed the writ on 14 March 2008, finding the appellant could not prove posse…

The appeal concerned an order of the Chairman of the Central Administrative Tribunal (CAT) who, sitting alone, stayed proceedings before a two‑member bench and rendered its interim orders ineffective. The petitioner (All India Institute of Medical Sciences) argued that the Chairman had acted beyond his statutory author…