BINAY KUMAR SINGHversusTHE STATE OF BIHAR
1996 INSC 126031 October 1996Dismissed
The case arose from a 1980 massacre in Paras Bigha, Bihar, where 13 people were killed and many injured. The appellants were convicted under Sections 302 and 149 of the IPC for participation in an unlawful assembly. They challenged the conviction on several grounds, including that the FIR should have been based on an e…
STATE OF KERALAversusSASI
1996 INSC 126431 October 1996Appeal(s) allowed
On 2 November 1990 the respondent struck the deceased on the head with a bamboo stick, causing severe skull fractures and brain injury. The deceased died eleven days later in hospital. The trial court convicted the respondent for murder under Section 302 of the Indian Penal Code and sentenced him to life imprisonment. …
RAM NARAIN ARORAversusASHA RANI AND ORS.
1998 INSC 32831 August 1998Dismissed
The landlord filed an eviction petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, claiming a bona‑fide need for the suit premises. The tenant contended that the landlord already possessed an alternate residence at Subzi Mandi, which was concealed, and that the landlord shifted to the s…
RONAL KIPRONO RAMKATversusSTATE OF HARYANA
2001 INSC 32531 July 2001Appeal(s) allowed
The appellant, Ramkat Ronald, was convicted under IPC sections 376 (rape) read with 511 (attempt to commit rape) and 302 (murder) based largely on a dying declaration allegedly made by the deceased, Betty, to her brother (PW‑5). The Supreme Court examined the reliability of that declaration, noting inconsistencies, lac…
RE CHANDIGARH NEWS LINE (INDIAN EXPRESS GROUP)versusRE CHANDIGARH NEWS LINE (INDIAN EXPRESS GROUP)
1998 INSC 27931 July 1998Disposed off
The Chandigarh Newsline published a headline stating that the Supreme Court had ordered the removal of the Homoeo Council chief, which was factually incorrect and misleading while the matter was pending before the Court. The Supreme Court issued a contempt notice to the reporter, Mr. K.B. Kapur, and the editor of the n…
MANI RAMversusSTATE OF RAJASTHAN
1993 INSC 13131 March 1993Dismissed
Mani Ram and his brother Hari Ram had a dispute with Hazur Singh. On the day of the incident Singh went to his field, ate a meal brought by his wife Surjeet Kaur and son Jaskaran, and was subsequently shot by Mani Ram with a licensed pistol; Hari Ram allegedly encouraged the act. The trial court acquitted both accused …
V.S. ACHUTHANANDANversusP. J. FRANCIS AND ANR.
2001 INSC 5731 January 2001Appeal(s) allowed
In the 1996 Kerala Legislative Assembly election for the Mararikulam constituency, P.J. Francis was declared elected, defeating V.S. Achuthanandan by 1,965 votes. Achuthanandan filed an election petition alleging corrupt practices, improper reception of void votes, and violations of the Constitution and the Representat…
MIS. FABRIL GASOSAversusLABOUR COMMISSIONER AND ORS.
1997 INSC 8031 January 1997Dismissed
M/s. FabriL Gasosa entered into a written settlement with the employees' union in 1986 providing for Variable Dearness Allowance (VDA). The union later gave notice of termination and issued a fresh charter of demands, but did not alter the VDA rate. The employer unilaterally froze VDA and claimed an oral agreement to t…
STATE OF TAMIL NADUversusTHIRUKKURAL PERUMAL
1995 INSC 8731 January 1995Appeal(s) allowed
A first information report (FIR) was lodged against the respondent alleging offences under several IPC sections. The respondent filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR. The Madras High Court quashed the FIR, relying on evidence collected by the investigating agency …
MUKHTIAR SINGH AND ORS .versusSTATE OF PUNJAB
1995 INSC 81930 November 1995Appeal(s) allowed
The Special Court convicted Mukhtar Singh and several relatives under IPC sections 302 and 201 for the death of Pritam Kaur, relying mainly on the testimony of the deceased's cousin (PW‑3) and alleged extra‑judicial confessions. The Supreme Court examined the reliability of PW‑3, noting his failure to report the incide…
SANTOSH YADAVversusNARENDER SINGH
2001 INSC 53330 October 2001Dismissed
In the 2000 Haryana Assembly election for the Ateli constituency, the appellant Santosh Yadav (INLD) lost to Narender Singh (INC) by a margin of 334 votes. Yadav challenged the result, alleging that the election was materially affected by the improper acceptance of the nomination of independent candidate Naresh Yadav, …
THANEDAR SINGHversusSTATE OF MADHYA PRADESH
2001 INSC 53430 October 2001Appeal(s) allowed
The appellant, Thanedar Singh, was convicted for murder by the Madhya Pradesh High Court after the trial court had acquitted him. The Supreme Court examined whether the High Court erred in overturning the acquittal, focusing on the credibility of the eye‑witness (the victim's father), the correctness and timing of the …
KANWAR SINGH AND ORS. ETC. ETC.versusUNION OF INDIA
1998 INSC 40830 October 1998Dismissed
The Supreme Court heard appeals by landowners from village Rangpuri (village 'R') challenging the Delhi High Court's award of Rs 3000 per bigha as compensation for land acquired under the Land Acquisition Act, 1894. The appellants argued that, because adjoining villages Masoodpur and Mahipalpur had been awarded Rs 14,3…
HARYANA STATE ELECTRICITY BOARD AND ANR.,versusHAKIM SINGH
1997 INSC 68030 September 1997Appeal(s) allowed
The father of the respondent, Hakim Singh, a lineman with the Haryana State Electricity Board (HSEB), died in 1974. Fourteen years later, his widow applied for a compassionate appointment for their son, relying on HSEB circulars that allowed one family member to be considered for employment within three years of the em…
ELECTION COMMISSION OF INDIA THROUGH SECRETARYversusASHOK KUMAR AND ORS.
2000 INSC 42330 August 2000Appeal(s) allowed
During the 1999 Lok Sabha elections in Kerala, the Election Commission issued a notification under Rule 59A of the Conduct of Election Rules, 1961 directing that ballot papers from all ballot boxes in a constituency be mixed before counting to prevent intimidation and victimisation. Two writ petitions were filed in the…
UNION OF INDIA AND ORS.versusSHRI CHETAN S. NAIK ETC.
1999 INSC 29730 July 1999Dismissed
The Supreme Court examined the interpretation of Rule 7(2)(b) of the Indian Broadcasting (Programme) Service Rules, 1990, which mandates that 50% of Junior Time Scale (JTS) posts (serial no. 5) be filled by "promotion". Two rival views existed: the Karnataka and Emakulam benches held that such promotion must be by seni…
RE BHAVANI RIVER-SAKTHI SUGARS LTD.versusRE BHAVANI RIVER-SAKTHI SUGARS LTD.
1998 INSC 27630 July 1998Dismissed
The Supreme Court examined a writ petition concerning the discharge of objectionable effluents from Sakthi Sugars Ltd.'s distillery into the Bhavani River, which had become a health and environmental hazard. The High Court had dismissed the petition solely on the consent of the Tamil Nadu Pollution Control Board, a dec…
SRI MOHAN WAHIversusCOMMISSIONER, INCOME TAX, VARANASI AND ORS
2001 INSC 18730 March 2001Appeal(s) allowed
The appellant, a partnership firm, owned a house property that was attached and proclaimed for sale under tax recovery proceedings. The property was auctioned in 1980 and a bid was accepted, but the tax demands against the firm were later reduced to nil after successful appeals before the Income Tax Appellate Tribunal.…
STATE OF KARNATAKAversusKRISHNAPPA
2000 INSC 17030 March 2000Appeal(s) allowed
The State of Karnataka appealed against the Karnataka High Court's reduction of the sentence imposed on Krishnappa for raping an eight‑year‑old girl. The trial court had sentenced him to ten years' rigorous imprisonment and a fine, but the High Court reduced the imprisonment term to four years, citing the accused's age…
STATE OF RAJASTHANversusN.K. - THE ACCUSED
2000 INSC 17230 March 2000Appeal(s) allowed
The State of Rajasthan appealed the acquittal of N.K., who had been convicted of rape under Section 376 IPC. The trial court had found the prosecutrix’s testimony reliable, corroborated by her father’s statement and medical evidence showing a ruptured hymen, and had accepted the five‑day delay in lodging the FIR as sat…
EAST INDIA COMMERCIAL CO. PVT.LTD. ETC.versusCORPORATION OF CALCUTTA
1998 INSC 16330 March 1998Appeal(s) allowed
The appellants, East India Commercial Co. Pvt. Ltd., challenged the assessment of their building’s annual value under Section 168 of the Calcutta Municipal Act, 1951, arguing that the fair rent fixed under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956 should be the basis, not the actual rent received. T…
K. KRISHNA IYERversusSTATE OF KERALA AND ANR.
1993 INSC 12230 March 1993Case Partly allowed
The appellant sold ice‑sticks that were examined by a public analyst who reported the presence of saccharin and dulcin, the latter being an adulterant declared injurious to health. A subsequent analysis by the Central Food Laboratory found only saccharin and no dulcin. The trial court convicted the appellant under Sect…
R.D. UPADHYAYversusSTATE OF ANDHRA PRADESH AND ORS.
2000 INSC 55029 November 2000Directions issued
The Supreme Court heard a writ petition under Article 32 concerning Ajoy Ghosh, a prisoner‑lunatic detained since 1962 in West Bengal prisons. The Court found that the prison authorities and the Assistant Chief Metropolitan Magistrate had failed to provide medical care or maintain records from 1964 to 1995, violating t…
SHIVAPPAversusSTATE OF KARNATAKA
1994 INSC 56229 November 1994Appeal(s) allowed
Shivappa was convicted of murder under Section 302 IPC solely on the basis of a confession recorded under Section 164 of the Criminal Procedure Code. The High Court upheld the conviction, holding that the confession, though later retracted, was voluntary and truthful. On appeal, the Supreme Court examined whether the m…
EUGENIO MISQUITA AND ORS.versusSTATE OF GOA AND ORS.
1997 INSC 67929 September 1997Dismissed
The appellants challenged a declaration under Section 6 of the Land Acquisition Act, 1894 on the ground that it was barred by the one‑year limitation prescribed in the proviso to Section 6(1)(ii). A notification under Section 4(1) was published in the Official Gazette on 6 August 1992; the declaration was made on 3 Aug…
NOORSABA KHATOONversusMOHAD. QUASIM
1997 INSC 58029 July 1997Appeal(s) allowed
Noorsaba Khatoon, a Muslim woman, filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance for herself and her three minor children after being deserted by her husband, Mohd. Quasim, who later divorced her and took a second wife. The trial court ordered maintenance for the wife an…
IN R/O DR. RAM ASHRAY YADAV CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSIONversus-
2000 INSC 16529 March 2000Reference answered
The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court seeking an enquiry into 32 charges of alleged misbehaviour against Dr. Ram Ashray Yadav, Chairman of the Bihar Public Service Commission. After detailed submissions, the Attorney General narrowed the enquiry to four c…
GIRISH YADAV AND ORS. ETC.versusSTATE OF MADHYA PRADESH
1996 INSC 46029 March 1996Dismissed
The accused were convicted of murder under Sections 302, 148 and 149 of the IPC for chasing and assaulting the deceased, an act witnessed by three eye‑witnesses. The appellants challenged the conviction on several grounds, chiefly that the First Information Report (FIR) was not promptly lodged, that the copy of the FIR…
ATTIQ-UR-REHMANversusMUNICIPAL CORPORATION OF DELHI AND ANR.
1996 INSC 33629 February 1996Dismissed
Attiq‑ur‑Rehman filed a civil suit to restrain the Municipal Corporation of Delhi from demolishing alleged unauthorised construction on his property. The corporation later lodged a criminal complaint under sections 332 and 461 of the Delhi Municipal Corporation Act in the Court of a Metropolitan Magistrate, even though…
IN RE: BHAYANI RIVER - SAKTHI SUGARS LTD.versus--
1998 INSC 4629 January 1998Disposed off
The Supreme Court examined the non‑compliance of Sakthi Sugars Ltd. with directions issued by the Tamil Nadu Pollution Control Board under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974. The Board had ordered proper storage, treatment and disposal of effluent, but the company failed to impleme…
ALI MUSTAFFA ABDUL RAHMAN MOOSAversusSTATE OF KERALA
1994 INSC 41928 September 1994Appeal(s) allowed
The appellant, a Kuwaiti national, was caught at Quilon railway station with 780 grams of charas and was convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, receiving 11 years' rigorous imprisonment and a fine of Rs.1 lakh. The High Court reduced the term to 10 years but uphe…
SRI T. PHUNZATHANGversusSRI HANGKHANILIAN AND ORS.
2001 INSC 40028 August 2001Appeal(s) allowed
The appellant, Sri T. Phunzathang, filed an election petition challenging the election of Sri Hangkhanilian on the ground of alleged corrupt practice under Section 123 of the Representation of People Act, 1951. The respondent contended that the copies of affidavits served on him lacked the Oath Commissioner’s endorseme…
SHYAMDEO PRASAD SINGHversusNAWAL KISHORE YADAV
2000 INSC 41528 August 2000Dismissed
In April 1996 a biennial election was held for the Patna Teachers Constituency of the Bihar Legislative Council and Nawal Kishore Yadav was declared elected. The petitioner filed an election petition alleging that a large number of persons who were not qualified under the 1950 Act had been improperly enrolled in the el…
GENTELA VIJAYAVARDHAN RAO AND ANR.versusSTATE OF ANDHRA PRADESH
1996 INSC 95428 August 1996Dismissed
The appellants, G. Vijayavardhan Rao and another, were convicted of setting fire to a passenger bus, killing 23 people and injuring many, with the motive of robbery. They poured petrol into the bus, ignited it, and robbed passengers of cash, a wristwatch and clothing, as evidenced by recovered items and witness testimo…
MAHESHversusSTATE OF MADHYA PRADESH
1996 INSC 95628 August 1996Disposed off
Mahesh was charged with the murder of Krishna Kumar after a dispute over grazing cattle in a field. The deceased and two other labourers asked Mahesh to remove his cattle, leading to an altercation in which Mahesh struck Krishna Kumar once on the head with a pharsa, causing instant death. The trial court, after evaluat…
UNION OF INDIA AND ORS.versusLT. GENERAL RAJENDRA SINGH KADYAN AND ANR.
2000 INSC 35828 July 2000Appeal(s) allowed
Lt. General Rajendra Singh Kadyan, the senior-most Lt. General, challenged the appointment of Lt. General H.R.S. Kalkat as Army Commander, arguing that the post is filled on seniority and that he satisfied the fitness and experience criteria, including a six‑month waiver. The Union of India appealed the High Court's or…
M.C. MEHTAversusUNION OF INDIA AND ORS.
1998 INSC 27428 July 1998Directions issued
The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta, examined the persistent rise in vehicular pollution in Delhi despite earlier court directions and the Bhure Lal Committee report. The Court noted that the State had failed to implement the recommended measures, with …
ANAND PRAKASH MALIKversusBHAGWANDAS
1998 INSC 20428 April 1998Case Allowed
The landlord filed a civil suit under the general law to evict the tenant from a shop that was constructed in December 1968. The landlord relied on a 1971 Government Notification exempting buildings constructed in 1968‑1970 from the East Punjab Urban Rent Restriction Act for five years, arguing that the exemption made …
RAJIV KAPOOR AND ORS.versusSTATE OF HARYANA AND ORS.
2000 INSC 15528 March 2000Appeal(s) allowed
The petitioners challenged the admission of Haryana Civil Medical Service (HCMS) candidates to postgraduate medical courses, arguing that the university prospectus required selection solely on entrance‑exam marks. The State and the university contended that Government orders, issued in 1996‑1997, mandated that HCMS can…
SUKHWANT SINGHversusSTATE OF PUNJAB
1995 INSC 22528 March 1995Appeal(s) allowed
The appellant was convicted of murder under S.302 IPC for the killing of Ajmer Singh. The prosecution’s case rested on the testimony of the deceased’s elder brother (PW3), who was the sole eye‑witness examined in chief, while two other eye‑witnesses (PW4 and PW5) were tendered only for cross‑examination. The Supreme Co…
STATE OF HARYANAversusGHASEETA RAM
1997 INSC 20528 February 1997Dismissed
Ghaseta Ram, a life‑imprisoned prisoner, participated in an unlawful assembly to escape from jail and assaulted a jail warden. He was tried and convicted by the Sessions Court and sentenced to several terms under the IPC. Earlier, the Superintendent of the District Jail, invoking para 633‑A of the Punjab Jail Manual an…
UMASHANKAR PANDAversusSTATE OF MADHYA PRADESH
1996 INSC 33128 February 1996
Umashankar Panda was convicted under IPC sections 302 and 307 for murdering his wife and two daughters with a sword and attempting to murder his three other children, who survived with grievous injuries. The trial court sentenced him to death, a judgment affirmed by the Madhya Pradesh High Court. In a Special Leave Pet…
PARENTS ASSOCIATION AND ANR.versusUNION OF INDIA AND ORS.
2000 INSC 3228 January 2000Dismissed
The Supreme Court examined the Central Government's revised quota system for higher‑education and public‑employment seats in the Andaman and Nicobar Islands, which reduced the 10‑year‑education locals' reservation from 35% to 20% and restored a 50% reservation for pre‑ and post‑1942 settlers. The petitioners argued tha…
SAYYED ALI AND ORS.versusANDHRA PRADESH WAKF BOARD HYDERABAD AND ORS.
1998 INSC 4528 January 1998Dismissed
The Andhra Pradesh Wakf Board claimed that a 358‑53 cent land parcel in Devada Mokhasa village, originally endowed by the Nizam for the support of the Syed Ali Ishaq Madina Vali Dargah, was a Wakf property. The Board sought cancellation of long‑term leases and sub‑leases executed by mutawallis, alleging the land was a …
MAHANT RAM PRAKASH DASSversusRAMESH CHANDRA AND ORS.
1999 INSC 49227 October 1999Dismissed
In the 1997 Dasuya Assembly election, the appellant Mahant Ram Prakash Dass lost to respondent Ramesh Chandra by 53 votes and sought a recount under Rule 63(2) of the Conduct of Election Rules, 1961. The Returning Officer rejected the application, and the High Court dismissed the election petition for lack of a prima f…
M.S. AHLAWATversusSTATE OF HARYANA AND ANR.
1999 INSC 49327 October 1999Appeal(s) allowed
M.S. Ahlawat, a police officer, filed forged affidavits and made false statements before the Supreme Court, which subsequently convicted him under Section 193 of the Indian Penal Code (perjury) and Article 129 of the Constitution (contempt) by way of a show‑cause notice. Ahlawat challenged the perjury conviction, conte…
MAHENDRA PALversusRAM DASS MALANGER AND ORS.
1999 INSC 49427 October 1999Appeal(s) allowed
Mahendra Pal, a candidate of the Indian National Congress, challenged the election of R.D. Malanger, a Bharatiya Janata Party candidate, to the Himachal Pradesh Vidhan Sabha from the Kutlehar constituency. The petition alleged that 35,310 ballot papers were distributed but 35,318 were counted, resulting in eight excess…
BHOLA BHAGAT ETC.versusSTATE OF BIHAR
1997 INSC 71227 October 1997Appeal(s) allowed
The appellants were convicted for murder and related offences under Sections 302, 149 and 148 of the IPC for the killing of Ram Naresh Choubey in 1978. They later claimed that they were children at the time of the offence and sought the benefit of the Bihar Children Act, 1970/1982 and the Juvenile Justice Act, 1986. Th…
RITA MARKANDEYversusSURJIT SINGH ARORA
1996 INSC 112227 September 1996Disposed off
In a rent‑control dispute, the Supreme Court dismissed the respondent's appeal and granted him time until 31 March 1995 to vacate the suit premises, subject to filing an undertaking. The respondent neither filed the undertaking nor vacated the premises, and filed false affidavits claiming he had handed over possession …
BONKY @ BHARAT SHIVAJI MANE AND ORS.versusSTATE OF MAHARASHTRA
1995 INSC 60527 September 1995Case Partly allowed
The appellants were convicted by a Designated Court for murder, attempt to murder, causing hurt and an offence under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) arising from an altercation at a video parlour that led to a fatal assault near a hotel. On appeal, the Supreme Court held tha…
KALA AND ANR.versusMADHO PARSHAD VAIDYA
1998 INSC 32327 August 1998Appeal(s) allowed
The landlord, Madho Parshad Vaidya, sought eviction of tenant Kala Devi under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that she had sublet the shop to Ravinder Kapur. The trial court found no evidence of subletting, holding that Kapur was merely a manager and that Kala retained p…
KALA AND ANR.versusMADHO PARSHAD VAIDYA
1998 INSC 32427 August 1998Appeal(s) allowed
The landlord, Madho Parshad Vaidya, filed an eviction petition under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that tenant Kala Devi had sublet her shop to Ravinder Kapur. The trial court found no evidence of subletting and held that the tenant retained possession, dismissing the …
VALVUE ARMATUREN V.U. BERATUNG GMBH AND CO. KG.versusNATIONAL FERTILIZERS LTD. AND ORS.
[1998] 3 S.C.R. 91627 July 1998Disposed off
The case involved an international arbitration dispute between V.A.V.U. Beratung GmbH & Co. KG and National Fertilizers Ltd., wherein the respondent had obtained a stay order in 1991 that remained in force for nearly seven years. The petitioner sought relief from the Supreme Court, arguing that such a prolonged interlo…
ASHOK KUMAR SRIVASTAVversusNATIONAL INSURANCE COMPANY LTD. AND ORS.
1998 INSC 19927 April 1998Dismissed
A.K. Srivastav was appointed as a probationary Inspector with National Insurance Company Ltd. on conditions that he achieve a premium target within twelve months, failing which his service could be terminated without notice. After failing to meet the target, the company served a notice of termination, and Srivastav fil…
M/S. BHOR INDUSTRIES LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY
1999 INSC 48826 October 1999Appeal(s) allowed
The appellant, a manufacturer of laminated textile fabrics, sought classification of its waste side strips and scrap (referred to as "foam patty") as non‑excisable items under Chapter 59 of the Customs Tariff Act. The Assistant Collector and the Appellate Authority classified the material as laminated fabrics, first as…
JEET MOHINDER SINGHversusHARMINDER SINGH JASSI
1999 INSC 49026 October 1999Dismissed
The Supreme Court dismissed Civil Appeal No.154 of 1999 filed by Jeet Mohinder Singh challenging the election of Harminder Singh Jassi. The Court held that the respondent's nomination paper was validly accepted because the required copy of the electoral roll was produced before scrutiny, and the returning officer was n…
KRISHNA MOHINIversusMOHINDER NATH SOFAT
1999 INSC 49126 October 1999Dismissed
In the Solan constituency election, the petitioner Mohinder Nath Sofat challenged the election of Krishna Mohini on two grounds: the alleged improper rejection of the nomination papers of Pritam Chand and Mohan Singh, who were alternate candidates of unrecognised parties, and the alleged illegal acceptance of Jagdish C…
PARAMJIT AND ANR.versusSTATE OF HARYANA
1996 INSC 111726 September 1996Dismissed
Paramjit and Inderjit assaulted Rambhaj after he reprimanded Paramjit for indecent remarks, inflicting fatal knife wounds. The victim gave a dying declaration describing the assault, which was corroborated by an eyewitness (PW5) and medical evidence showing the injuries were sufficient to cause death. The trial court c…
BANDLAMUDDI ATCHUTA RAMAIAH AND ORS.versusSTATE OF ANDHRA PRADESH
1996 INSC 111926 September 1996Appeal(s) allowed
The case arose from a brawl on 1‑2 July 1988 between Sambasiva Rao (second accused) and Suryanarayana Rao (PW‑1) over a dog. The next night Sambasiva Rao, his father (first accused) and a relative (third accused) went to PW‑1’s house, assaulted PW‑1, his wife and others. The deceased, Srinivasa Rao, intervened; while t…
BALBIR SINGHversusSTATE
1996 INSC 112126 September 1996Case Partly allowed
Balbir Singh was arrested in a notified area while in possession of an unauthorised rifle (bearing No. 516275) and 161 live cartridges. He was convicted under section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced to eight years’ rigorous imprisonment. On appeal he argued that the wea…
PATEL VALMIK HIMATLAL AND ORS.versusPATEL MOHANLAL MULJIBHAI (DEAD) THROUGH LRS.
1998 INSC 32226 August 1998Appeal(s) allowed
The landlord sued the tenant for recovery of a shop on the ground that the tenant had sublet the premises without consent. The trial court and the first appellate court found that subletting had occurred and decreed in favour of the landlord. The tenant appealed, and the High Court, exercising revisional jurisdiction u…
KIRTIKANT D. VADODARIAversusSTATE OF GUJARAT AND ANR.
1996 INSC 58526 April 1996Appeal(s) allowed
The appellant, Kirtikant Vadodaria, challenged a maintenance order granted to his step‑mother, Manjulaben, under Section 125(1)(d) of the Criminal Procedure Code. The trial court, sessions court and Gujarat High Court had held that a step‑mother could claim maintenance from her step‑son. The Supreme Court examined the …
M.C.MEITTAversusUNION OF INDIA AND ORS.
2001 INSC 17026 March 2001Modified
The Supreme Court, hearing M.C. Mehta v. Union of India, examined the failure of the Delhi government and private bus operators to meet its earlier order (28 July 1998) that the entire city bus fleet be converted to CNG by 31 March 2001 and that no bus older than eight years operate on diesel after 1 April 2000. Applic…
STATE OF RAJASTHAN AND ORSversusVATAN MEDICAL AND GENERAL STORE AND ORS. ETC. ETC.
2001 INSC 17226 March 2001Disposed off
The Rajasthan Government, by a 1990 notification, declared medicinal and toilet preparations containing more than 20% proof alcohol to be "liquor" under the Rajasthan Excise Act and its 1989 Rules. Several manufacturers of Ayurvedic medicines challenged the notification and the Rules as beyond the State's legislative c…
SATWANT SINGH SODHIversusSTATE OF PUNJAB AND ORS.
1999 INSC 13626 March 1999Appeal(s) allowed
The appellant, S.S. Sodhi, entered into a construction contract with the State of Punjab and disputes arose, leading to arbitration. The arbitrator first issued an interim award on 26 November 1992 for Item No. 1 and later a final award on 28 January 1994 covering the same item. Both awards were sought to be made the r…
KUNDULA BALA SUBRAHMANYAM AND ANR.versusSTATE OF ANDHRA PRADESH
1993 INSC 11926 March 1993Dismissed
The Supreme Court examined the murder trial of Kundula Bala Subrahmanyam, who died from extensive burns after allegedly being set alight by her husband and mother‑in‑law over a dowry‑related dispute. The prosecution relied on a chain of circumstantial evidence: a clear motive (dowry and land registration), two oral dyi…
A.M. KUNHIKOYA@ KOYAversusSTTE OF KERALA
1993 INSC 12026 March 1993Case Partly allowed
On 16 September 1980, a dispute arose after an alleged stone‑pelting incident, culminating in a confrontation where the appellant, A.M. Kunhiko ya, and four others attacked the deceased, Moideen Kutty. The appellant first struck the victim's hand and, during a struggle, thrust a dagger into the victim's chest, causing …
RADHEY SHYAM KHEMKA AND ANR. ETC.versusSTATE OF BIHAR AND ANR. ETC.
1993 INSC 12126 March 1993Dismissed
The appellants, promoters and directors of a public limited company, issued a prospectus inviting public subscription for shares, claimed that the application to list the shares on a stock exchange was rejected, yet retained the money collected from investors and transferred it to another company account. A complaint w…
PATANGRAO KADAMversusPRITHVIRAJ SAYAJIRAO YADAV DESHMUKH AND ORS.
2001 INSC 11726 February 2001Dismissed
Patangrao Kadam challenged the election of Prithviraj Yadav Deshmukh in a Maharashtra Assembly by‑election, alleging corrupt practices under Sections 100(1)(b), 100(1)(d)(ii), 100(1)(d)(iv) read with Section 123(4) of the Representation of People Act, 1951. The petition also named Sampatrao Chavan, a duly nominated can…
MR. NAND LAL BALWANIversusNO
1999 INSC 8526 February 1999Disposed off
Mr. Nand Lal Balwani, an advocate enrolled with the Bombay Bar Association, shouted slogans and hurled his shoe in an open court, thereby interrupting the proceedings. He was informed that his conduct was intended to intimidate the court and was charged with contempt. Balwani filed an affidavit admitting his intemperat…
THE SURAT TEXTILE MARKET COOPERATIVE SHOPS AND WAREHOUSES SOCIETY LTD., SURATversusMUNICIPAL CORPORATION OF THE CITY OF SURAT
1997 INSC 76025 November 1997Dismissed
The Surat Textile Market Cooperative Society Ltd constructed a textile market with a revolving restaurant on the 14th floor, accessed by a lift that was used exclusively by restaurant patrons. The Municipal Corporation of Surat assessed property tax under the Bombay Provincial Municipal Corporations Act, 1949, and incl…
IN RE: AJAY KUMAR PANDEY, ADVOCATEversus----
1998 INSC 38225 September 1998Disposed off
Advocate Ajay Kumar Pandey, after his defamation suit and subsequent revision were dismissed, filed a series of contempt petitions against judges of the High Court and subordinate courts, using scurrilous, unparliamentary and abusive language that cast aspersions on their impartiality. The Supreme Court ordered him to …
STATE OF HARYANA AND ORS.versusSHRI OM PRAKASH BHASIN (D) BY L.RS. AND ORS.
1997 INSC 67325 September 1997Disposed off
The State of Haryana acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs.10 per square yard, which was later enhanced to Rs.12 and then Rs.15 per square yard by the District Judge and the High Court respectively. The landowner also claimed a solatium of 30% on the increase and interest at …
PERIASAMI AND ANR.versusSTATE OF TAMIL NADU
1996 INSC 111025 September 1996Disposed off
The deceased Ranganathan was allegedly attacked by the appellants Periasami and Ramaswamy with a billhook, spear and lathi, leading to his death. Eye‑witnesses PW‑1 and PW‑2 identified the appellants, while the FIR was lodged after a delay and the inquest report contained an erroneous time of death. The Sessions Court …
J.K. INDUSTRIES LTD. ETC. ETC.versusTHE CHIEF INSPECTOR OF FACTORIES AND BOILERS AND ORS. ETC. ETC.
1996 INSC 111425 September 1996Dismissed
The petitioners, J.K. Industries Ltd. and others, sought renewal of factory licences but were directed by the Chief Inspector of Factories to file applications signed only by a director, as the occupier, under Section 2(n) proviso (ii) of the Factories Act, 1948 (amended 1987). The Supreme Court examined whether a comp…
M. SATYANARAYANA MURTHY AND ORS.versusMANDAL REVENUE OFFICER CUM LAND ACQUISITION OFFICER
1998 INSC 32125 August 1998Dismissed
The petitioners, M. Satyanarayana Murthy and others, filed a second review petition (RPD No. 17573 of 1998) challenging an order previously reviewed in Review Petition No. 214 of 1995, which had been dismissed. The second petition was filed after a delay of 2 years and 321 days, and the petitioners' explanation for the…
CANARA BANKversusP.R.N. UPADHYAYA AND ORS.
1998 INSC 31925 August 1998Case Allowed
Canara Bank had advanced three loans to a landlord for constructing strong rooms that the bank later leased. The loans were subject to demand promissory notes stipulating interest rates above the RBI rate, compounded quarterly, and the bank debited interest at the contractual rates with quarterly rests. The landlord an…
TARLOCHAN DEV SHARMAversusSTATE OF PUNJAB AND ORS.
2001 INSC 30925 July 2001Appeal(s) allowed
The appellant, Tarlochan Dev Sharma, was the elected President of Rajpura Municipality and was removed under Section 22 of the Punjab Municipal Act, 1911 on the ground of "abuse of his powers" for allegedly withholding payment for a fogging machine. He contended that the machine was defective, that his decision was mad…
JOGINDER KUMARversusSTATE OF U.P. AND OTHERS
1994 INSC 17025 April 1994Disposed off
The petitioner, Joginder Kumar, a 28‑year‑old advocate, was taken into police custody in Ghaziabad on the pretext of assisting with investigations and was not produced before a magistrate for five days. His brother’s inquiries revealed that the petitioner was being held in an undisclosed location, prompting a writ peti…
SRI UMA BALLAV RATHversusSRI MAHESHWAR MOHANTY AND ORS.
1999 INSC 8425 February 1999Dismissed
In the 1995 Puri Assembly election, both the appellant, Sri Uma Ballav Rath, and respondent No. 1 filed nomination papers as Janata Dal's official candidates. The Returning Officer, unable to determine the official candidate, treated both as independents and allotted different symbols. After a representation by Janata …
ISHVARBHAI FULJIBHAI PATNIversusSTATE OF GUJARAT
1994 INSC 54724 November 1994Appeal(s) allowed
Ishvarbhai Fuljibhai Patni was convicted under Section 302 IPC and sentenced to life imprisonment. He appealed to the Gujarat High Court, which dismissed his appeal in a brief, cryptic judgment that merely affirmed the conviction without discussing the evidence or the arguments raised. The Supreme Court held that a Hig…
DOLAT RAM AND ORS.versusTHE STATE OF HARYANA
1994 INSC 54824 November 1994Appeal(s) allowed
The case arose from FIR No. 735 (8 November 1993) alleging dowry death of Sunita, wife of Anil Kumar. The Additional Sessions Judge, Rohtak, granted anticipatory bail under Section 438 CrPC to the parents and brother of the husband, noting that they lived separately from the deceased as evidenced by the FIR and ration …
KARAN SINGH AND ORS. ETC. ETC.versusUNION OF INDIA
1997 INSC 66924 September 1997Dismissed
H.M. KELOGIRAO AND ORS., ETCversusGOVERNMENT OF A.P. AND ORS.
1997 INSC 67024 September 1997Dismissed
The Government of Andhra Pradesh, at the request of the State Road Transport Corporation, acquired 9.87 cents of land in Anantapur for a bus stand under the Land Acquisition Act, 1894, publishing a Section 4(1) notification and invoking emergency provisions. Earlier writ petitions had quashed the original notification …
A.I.I.M.S STUDENTS UNIONversusA.I.I.M.S. AND ORS.
2001 INSC 39124 August 2001Disposed off
The Supreme Court examined the AIIMS policy of reserving 33% of postgraduate seats for its own in‑house graduates and a further 50% discipline‑wise reservation, which resulted in lower‑merit candidates being allocated coveted "creamy" specialties over higher‑scoring open‑category candidates. The Court held that such in…
STATE OF HIMACHAL PRADESHversusMANGO RAM
2000 INSC 41124 August 2000Disposed off
The State of Himachal Pradesh appealed the acquittal of a 17‑year‑old accused who was found not guilty of raping his 13‑14‑year‑old niece. The trial court had held that the girl was over 16 and had consented, while the High Court affirmed this view. The Supreme Court examined medical reports, dental and radiological ag…
M/S INTER STATE TRANSPORT AGENCYversusBIBI HABIBA KHATOON (DEAD) BY L.RS
1998 INSC 15324 March 1998Appeal(s) allowed
The landlord (respondent) filed an eviction suit (Title Suit No. 100 of 1980) against the tenant (appellant) alleging default in payment of rent. During the pendency of a second appeal in the High Court arising from an earlier eviction suit, the landlord obtained an order under Section 15 of the Bihar Buildings (Lease,…
UNION OF INDIA AND ANR.versusASHOK KUMAR MITRA
1995 INSC 14324 February 1995Appeal(s) allowed
The respondent, a Branch Manager of Bank of India, was charged with several offences under the IPC and the Prevention of Corruption Act. He contended that, as an employee of a nationalised bank, he was not a "public servant" within the meaning of Section 21 of the IPC and therefore could not be tried by a Special Court…
SUBRAN @ SUBRAMANIAN AND ORS.versusSTATE OF KERALA
1993 INSC 6724 February 1993Case Partly allowed
Six persons were tried for a violent assault on 24 December 1986 that resulted in the death of Suku. The trial court convicted all under various IPC sections, including murder (302) read with Section 149, and the High Court later acquitted two accused while confirming the others. On special leave, the Supreme Court was…
TEK CHANDversusDILE RAM
2001 INSC 4424 January 2001Appeal(s) allowed
The respondent challenged the election of the appellant, Tek Chand, alleging that the independent candidate Nikka Ram's nomination was improperly accepted because he was allegedly holding an office of profit and was a BJP/RSS activist whose votes allegedly cut into the respondent's tally, thereby materially affecting t…
SAURASHTRA CEMENT AND CHEMICAL INDUSTRIES LIMITEDversusTHE UNION OF INDIA AND ANR.
1993 INSC 37823 November 1993Dismissed
Saurashtra Cement and Chemical Industries Ltd, a cement manufacturer, held a mining lease for limestone and was required to pay royalty as per the Second Schedule of the Mines and Minerals (Regulation and Development) Act, 1957. The Central Government issued several notifications under Section 9(3) fixing and amending …
SUN EXPORT CORPORATION AND ANR.versusBOARD OF TRUSTEES OF THE PORT OF BOMBAY
1997 INSC 70723 October 1997Dismissed
Sun Export Corporation (appellant No. 1) and its partner imported stainless‑steel tubes in 1973‑74 under licences held by Laxmi Engineering Co. They were authorised by letters of authority to clear the goods from the Bombay Port Trust warehouses, but failed to do so. The goods were subsequently confiscated by the Custo…
T.H. MUSTHAFFAversusM.P. VARGHESE AND ORS.
1999 INSC 44023 September 1999Dismissed
In the Kerala Legislative Assembly election for Kunnathunadu, respondent No.1 was declared elected by a margin of 60 votes. The appellant filed an election petition alleging double voting, impersonation, and that about 300 votes were cast using a wrong instrument for marking ballot papers, seeking a recount. The High C…
PAWAN KUMAR SHARMAversusGURDIAL SINGH
1998 INSC 37923 September 1998Appeal(s) allowed
P.K. Sharma, an advocate enrolled in 1990, was complained against by Gurdial Singh for allegedly continuing a taxi business after enrollment, violating Bar Council of India Rules 47 and 48. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct and suspended him for one year.…
DADI JAGANNADHAMversusJAMMULU RAMULU AND ORS.
2001 INSC 38823 August 2001Dismissed
The judgment concerns a sale of immovable property executed against the judgment‑debtor, which was challenged under Order XXI Rule 89 of the CPC. The debtor filed the application and deposit on the 59th day after the sale, but the executing court rejected it, insisting that the deposit be made within 30 days as per Ord…
H.F. SANGATIversusR.G. HIGH COURT OF KARNATAKA AND ORS.
2001 INSC 11123 February 2001Dismissed
Two probationary Munsifs, H.F. Sangati and Kittur Muthappa Hanumanthappa, were discharged from service under Rule 6(1) of the Karnataka Civil Services (Probation) Rules, 1977 on the ground of unsuitability. They challenged the discharge, arguing that the order was punitive, cast a stigma and violated the principles of …
STATE OF ORISSAversusSUDHAKAR DAS (DEAD) BY LRS.
2000 INSC 9423 February 2000Disposed off
The State of Orissa appealed a decree based on an arbitration award made against the estate of the late Sudhakar Das. The arbitration agreement lacked an escalation clause, and the arbitrator had awarded escalation charges, pendente‑lite interest, and interest for the pre‑reference period. The Supreme Court held that, …
INDER SINGHversusSTATE OF PUNJAB
1995 INSC 13323 February 1995Dismissed
Inder Singh was convicted of murder under Section 302 of the IPC for the killing of his nephew, Amar Singh. The prosecution proved that Singh, armed with a barchha, lay in wait and delivered a fatal blow to the victim's neck after a series of assaults on the victim and his family members. The defence argued that Singh …
K. DURAISAMY AND ANRversusSTATE OF TAMIL NADU AND ORS.
2001 INSC 4123 January 2001Dismissed
The Tamil Nadu Government issued a order reserving 50% of postgraduate medical seats for in‑service medical officers and the remaining 50% for non‑service (private) candidates, each category being filled on inter‑se merit within that group. In‑service candidates challenged the scheme, arguing that the reservation shoul…
HUSNA AND ORS.versusSTATE OF PUNJAB
1996 INSC 11923 January 1996Case Partly allowed
The case involved three brothers—Husna, Rupa and Jalour Singh—accused of house trespass, murder of Salish Kumar and illegal possession of arms. The FIR did not name the accused; they were later identified in a supplementary statement recorded by police during investigation. The Supreme Court held that such a supplement…
HARBANS LALversusSTATE OF PUNJAB
1996 INSC 12023 January 1996Appeal(s) allowed
Harbans Lal was convicted for the murder of his wife Punni Devi, who died from burns, along with his two sons. The trial court sentenced all three to life imprisonment; the High Court acquitted the sons but upheld the husband's conviction. On appeal, the Supreme Court examined the prosecution's case, which rested mainl…
THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARDversusRAMESH KUMAR SINGH AND ORS.
1995 INSC 76922 November 1995Appeal(s) allowed
The Bihar State Housing Board allotted a quarter to respondent No.4 on a hire‑purchase basis, making the allottee a tenant until the final instalment is paid. Respondent No.1 forcibly occupied the first floor, prompting respondent No.4 to complain to the Sub‑Divisional Magistrate (respondent No.3), who issued a show‑ca…
M.C. MEHTAversusUNION OF INDIA AND ORS.
1991 INSC 30522 November 1991Disposed off
M.C. Mehta filed a public‑interest writ under Article 32 seeking directions for the government to promote environmental awareness. The Court examined whether it could order cinema halls, television, radio and educational institutions to disseminate environmental messages free of cost and make environmental studies comp…
U.P. JUNIOR DOCTORS' ACTION COMMITTEE AND ORS. ETC.versusDR. B. SHEETAL NANDWANI AND ORS. ETC.
1991 INSC 30622 November 1991Dismissed
The Supreme Court examined the validity of High Court orders that granted provisional admission to postgraduate medical courses in Uttar Pradesh on the basis of MBBS results. It found that the writ petition before the High Court was fraudulent and that the High Court's direction contravened established requirements for…
M.C. MEHTAversusUNION OF INDIA AND ORS.
1998 INSC 37722 September 1998Directions issued
The Supreme Court, hearing a writ petition filed by environmental activist M.C. Mehta, examined the problem of vehicular air pollution in Delhi and its earlier order banning commercial vehicles older than 15 years from operating in the National Capital Territory. The Union of India, through the Solicitor General, argue…
STATE OF ANDHRA PRADESHversusBODEM SUNDARA RAO
1995 INSC 59522 September 1995Appeal(s) allowed
The respondent, Bodem Sundara Rao, was convicted of raping a 13‑14‑year‑old girl under Section 376(1) of the Indian Penal Code. The trial court sentenced him to ten years' rigorous imprisonment, but the Andhra Pradesh High Court reduced the term to four years without recording any special reasons. The State appealed, …
R. KANDASAMYversusTHE CHIEF ENGINEER, MADRAS PORT TRUST
1997 INSC 61722 August 1997Appeal(s) allowed
R. Kandasamy applied for a Mazdoor position in the Madras Port Trust and submitted a Community Certificate issued by the Tehsildar in 1987. The Trust rejected the certificate, insisting on a newer one from the Revenue Divisional Officer, citing G.O. No. 2137 dated 11‑Nov‑1989 which mandated post‑date certificates be is…
KARIMABEN K. BAGADversusSTATE OF GUJARAT AND ORS.
1998 INSC 27122 July 1998Case Allowed
The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s death, proceedings un…
STATE OF PUNJABversusKESAR SINGH
1996 INSC 76422 July 1996
Kesar Singh was convicted of murder under Sections 302 and 34 of the IPC and sentenced to life imprisonment on 28 May 1987. After serving a little over eight years, he filed a petition under Section 482 of the CrPC in the Punjab & Haryana High Court seeking premature release. The High Court entertained the petition and…
FAUJA SINGHversusJASPAL KAUR
1996 INSC 56122 April 1996Appeal(s) allowed
The appellant, Fauja Singh, contested the attachment of his residential house in an execution proceeding, invoking Section 60(c) of the Code of Civil Procedure which renders a residential house non‑attachable. The executing court ignored the plea, and the Punjab & Haryana High Court dismissed the subsequent civil revis…
ANSHAD AND ORS.versusSTATE OF KARNATAKA
1994 INSC 16822 April 1994
The Supreme Court examined the convictions of five accused (Al, A2, A3, A4, A5) for the murders of Savitri Devi and her grandson Sunil and related robbery. The Sessions Court had sentenced them to life imprisonment, but the Karnataka High Court enhanced the sentences of Al, A2 and A3 to death. The Court held that the H…
UGAR SUGAR WORKS LTD.versusDELHI ADMINIS1RATION AND ORS.
2001 INSC 16322 March 2001Case Allowed
Ugar Sugar Works Ltd., a manufacturer of Indian Made Foreign Liquor, challenged a Delhi Administration notification issued under the Punjab Excise Act, 1914 and Delhi Liquor Licence Rules, 1976 that imposed Minimum Sales Figures (MSF) as a condition for obtaining an L‑1 licence for the excise year 2000‑2001. The petiti…
DR. UMA AGRAWALversusSTATE OF U.P. AND ANR
1999 INSC 12222 March 1999Disposed off
Dr. Uma Agrawal, a medical officer of the Uttar Pradesh Government, retired on 30 April 1993 but did not receive her gratuity, provident fund, pension and other retirement benefits until 18 November 1995. She filed a writ petition under Article 32 seeking payment of the delayed benefits and penal interest. The Court ob…
V.S. ACHUTHANANDHANversusP.J. FRANCIS AND ANR.
1999 INSC 12322 March 1999Appeal(s) allowed
V.S. Achuthanandan, a defeated CPI(M) candidate, filed an election petition against the winning candidate P.J. Francis alleging corrupt practices and illegalities in ballot counting. The Kerala High Court dismissed the petition under Section 83 of the Representation of the People Act read with Order 7 Rule 11 of the CP…
SOLOMON ANTONY AND ORS.versusSTATE OF KERALA AND ORS.
2001 INSC 10822 February 2001Dismissed
The appellants, contractors licensed to vend arrack, challenged the Kerala government's demand for excise duty on a designated quantum of rectified spirit, arguing that the duty was unconstitutional, arbitrary and payable only on spirit actually imported. The State had amended Rule 8 of the Kerala Abkari Shops (Disposa…
STATE OF JAMMU AND KASHMIRversusSWAMI SACHIDANAND S.C.S. PURNANAND AND ORS. ETC.
1999 INSC 7622 February 1999Disposed off
The Supreme Court heard a public‑interest litigation filed against the State of Jammu and Kashmir concerning the conduct of the annual Amarnath Yatra. The Delhi High Court had directed the State to keep the Balta route permanently open, akin to the Vaishno Devi route, and to improve the traditional Pahalgam route. The …
RAJA RAM AND ORS.versusSTATE OF MADHYA PRADESH
1994 INSC 8622 February 1994
Ten persons, including eight appellants, were tried for murder (Sec. 302 read with Sec. 149 IPC) and other offences arising from an assault on the deceased Halke. The High Court convicted them of murder and sentenced them to life imprisonment, along with convictions under Sec. 323 and Sec. 325 IPC for causing hurt. On …
LAXMAN NAIKversusSTATE OF ORISSA
1994 INSC 8822 February 1994Dismissed
The Supreme Court examined the appeal of Laxman Naik, who was convicted of raping and murdering his 7‑year‑old niece. The prosecution case was built entirely on circumstantial evidence, including eyewitnesses who saw the accused and victim together, the accused’s false statements about the victim’s whereabouts, medical…
BRAHMDEO CHAUDHARYversusRISHIKESH PRASAD JAISWAL AND ANR.
1997 INSC 4922 January 1997Appeal(s) allowed
The appellant, Brahmdeo Chaudhary, a stranger to a decree for eviction in favour of respondent No.1, resisted the execution of a warrant for possession against respondent No.2. The decree‑holder applied for a warrant with police assistance; the appellant filed an application before the executing court seeking a stay an…
CHANDRA KISHORE JHAversusMAHAVIR PRASAD AND ORS.
1999 INSC 42721 September 1999Appeal(s) allowed
In the Bihar Legislative Assembly election, Chandra Kishore Jha filed an election petition challenging Mahavir Prasad's election. The petition was handed to the Bench Clerk on 16 May 1995, the last day of the 45‑day limitation period, but the designated election judge and the bench hearing civil matters were unavailabl…
THE STATE OF PUNJABversusBALDEV SINGH
1999 INSC 28221 July 1999Disposed off
The Supreme Court examined a batch of appeals concerning searches under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that an empowered officer must inform a suspect of his right to be searched before a Gazetted Officer or Magistrate, and that this duty is imperative, not merely directory. Failure t…
EX. CAPT. R.S. DHULLversusSTATE OF HARYANA AND ORS.
1998 INSC 19321 April 1998Disposed off
The appellant, ex‑Captain R.S. Dhull, a former serviceman appointed as Tehsildar, had adverse remarks recorded in his Annual Confidential Reports which were expunged by the Punjab & Haryana High Court in 1990, leading to his promotion to District Revenue Officer. The Supreme Court, on a special leave petition, directed…
BURN STANDARD CO. LTD. AND ORS.versusSH. DINABANDHU MAJUMDAR AND ANR.
1995 INSC 29021 April 1995Appeal(s) allowed
The respondent, a government employee, had his date of birth recorded as 25‑04‑1931 based on his declaration at appointment, which was accepted and authenticated by the employer. After 36 years of service and close to retirement, he sought to change his date of birth to 07‑07‑1934, relying on a duplicate matriculation …
L/NK. MEHARAJ SINGH/KALUversusSTATE OF UTTAR PRADESH
1994 INSC 16321 April 1994
The case concerned the murder of Laxman Singh on 3 November 1977, for which Kalu, Meharaj Singh and others were charged under Section 302 IPC. The trial court acquitted all accused, finding the First Information Report (FIR) to be ante‑timed and the eyewitness testimony unreliable, especially in view of contradictory m…
TAHIRversusSTATE (DELHI)
1996 INSC 42021 March 1996Dismissed
The appellant, Tahir, was arrested during a communal riot in Delhi while brandishing a country‑made pistol. The pistol was seized, and because the arrest occurred in an area notified under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), he was charged under section 5 of TADA and convicted by the …
RANBIR YADAVversusSTATE OF BIHAR
1995 INSC 19321 March 1995Dismissed
The case involved three Yadav appellants convicted for rioting, arson and murder during communal violence in Bihar in 1985. The appellants challenged the High Court’s transfer of the trial from the 10th to the 5th Sessions Court, arguing that the transfer was beyond its jurisdiction and amounted to a de novo trial viol…
SMT. ABHILASH VINOD KUMAR JAIN ETC.versusCOX AND KINGS (INDIA) LTD. AND ORS. ETC.
1995 INSC 19521 March 1995Dismissed
The heirs of an employee who died while in service were prosecuted by the employer under Section 630 of the Companies Act, 1956 for refusing to vacate premises allotted to the deceased. The heirs filed petitions under Section 482 of the Cr.P.C. seeking to quash the proceedings, arguing that the provision did not apply …
ANIL R. DESHMUKHversusONKAR N. WAGH AND ORS.
1999 INSC 1721 January 1999Appeal(s) allowed
The appellant, Anil R. Deshmukh, filed an election petition challenging the election of Onkar N. Wagh to the Maharashtra Legislative Assembly, alleging corrupt practices. The petition required an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951. The initial copy of the affid…
QUAMARUL ISLAMversusS.K. KANTA AND ORS.
1994 INSC 2021 January 1994
The returned candidate Quamarul Islam contested the 1989 Karnataka Assembly election and was challenged by his rival S.K. Kanta on alleged corrupt practices under Sections 123(2), (3), (3A) and (4) of the Representation of the People Act, 1951, including religious appeals and false statements. The High Court set aside …
NATHUNI YADAV AND ORSversusSTATE OF BIHAR AND ANR
1996 INSC 152920 December 1996Dismissed
The appellants were convicted of murder for a shooting that occurred on an open terrace on a moonless night, where the victims and neighbours identified them as the assailants. The defence argued that darkness made identification impossible and that there was no discernible motive. The Supreme Court held that despite l…
GAJANANversusSTATE OF MAHARASHTRA
1996 INSC 135820 November 1996Appeal(s) allowed
Gajanan and his co-accused were tried for murder under IPC sections 302 and 34 for the death of Suryabhan on 10 September 1984. The trial court acquitted them, finding that the alleged eye‑witnesses had not actually seen the assault, their testimony conflicted with the medical report, and the purported extra‑judicial c…
UNION OF INDIAversusPRINCE MUFFAKAM JAH AND ORS.
1994 INSC 47220 October 1994
The case concerned 173 items of jewellery belonging to the Nizam of Hyderabad, held in two trusts, which the Union of India sought to purchase under the Antiquities and Art Treasures Act. The parties entered a compromise agreement to resolve all disputes by arbitration, and the umpire fixed a just price of Rs 225,37,33…
CHARAN SINGHversusHEALING TOUCH HOSPITAL AND ORS.
2000 INSC 45320 September 2000Appeal(s) allowed
Charan Singh underwent surgery at Healing Touch Hospital and alleged medical negligence that left him paralysed on the right side, resulted in the loss of a kidney, loss of employment and substantial expenses. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) seeking Rs 34 lakhs co…
ABDUL FAZAL SIDDIQUIversusFATEHCHAND HIRAWAT AND ANR.
1996 INSC 90820 August 1996Appeal(s) allowed
The appellant was charged with cheating for allegedly making false representations that a business, Calcutta Cafe, was free of encumbrances, leading the complainant to advance a loan of Rs.30,000. The trial court convicted him under Section 420 read with Section 34 of the IPC, a decision upheld by the High Court. On ap…
MADHUKAR AND ORS.versusSANGRAM AND ORS.
2001 INSC 22020 April 2001Disposed off
The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant No. 1 only, despite s…
CHETAK CONSTRUCTION LTD.versusOM PRAKASH AND ORS.
1998 INSC 18820 April 1998Disposed off
Chetak Construction Ltd. alleged that Justice R.D. Vyas of the Madhya Pradesh High Court had bought a flat from the respondent and therefore should recuse himself from hearing an appeal. The judge refused, made disparaging remarks, suggested contempt proceedings against the appellant and its lawyers, and unilaterally d…
TAMIL NADU NEWSPRINT AND PAPERS LTD.versusTHE APPRAISER APPRAISING, DEPARTMENT,CUSTOMS HOUSE AND ORS.
2000 INSC 2520 January 2000Dismissed
Tamil Nadu Newsprint and Papers Ltd. imported machinery under a specific contract registered with customs under tariff heading 84.66 and had already received concessions on basic and additional customs duties under Notification 268/76. The company later claimed a total exemption from auxiliary duty under Notification 6…
APPAREL EXPORT PROMOTION COUNCILversusAK. CHOPRA
1999 INSC 1220 January 1999Appeal(s) allowed
The Apparel Export Promotion Council dismissed A.K. Chopra, a private secretary, for repeatedly attempting to molest a junior female employee, Miss X, by making unwelcome sexual advances and trying to touch her despite her objections. A departmental enquiry found the conduct amounted to sexual harassment and ordered hi…
NET RAJ SINGHversusSTATE OF M.P.
1996 INSC 151519 December 1996Appeal(s) allowed
The appellant Netraj was arrested after a silver todal, allegedly stolen during a dacoity that also involved the murder of a woman, was recovered from him two days after the incident. He was convicted under Section 396 of the Indian Penal Code for dacoity with murder and sentenced to death, later reduced to life impris…
M/S RICKMERS VERWALTUNG GMB HversusTHE INDIAN OIL CORPORATION LTD.
1998 INSC 43619 November 1998Dismissed
The appellant, a shipowner, and the respondent, Indian Oil Corporation, negotiated a charter party for shipping pipes but never signed the agreement because they could not agree on the format of a standby letter of credit and a performance guarantee, which were treated as conditions precedent. The appellant later invok…
STATE OF ANDHRA PRADESHversusGANGULA SATYA MURTHY
1996 INSC 134019 November 1996Appeal(s) allowed
The State of Andhra Pradesh prosecuted Gangula Satya Murthy for raping and throttling to death a 16‑year‑old girl, Satya Vani, whose body was found on a cot in his house. The trial court convicted him under IPC sections 302 and 376, relying on medical evidence of ante‑mortem neck injuries, a fresh vaginal tear, and an …
ASHOK YADAV AND ORS.versusSTATE OF MADHYA PRADESH
1996 INSC 134119 November 1996Appeal(s) allowed
The appellants, including Ashok Yadav, were convicted for kidnapping and murdering a school‑going child, Avadhesh Sharma, under sections 364 and 302 of the IPC. The Supreme Court examined the prosecution's circumstantial evidence – motive, recovery of the victim's articles, the fact that the victim was last seen with t…
SUNDERversusUNION OF INDIA
2001 INSC 45019 September 2001Disposed off
The Supreme Court examined whether the solatium amount under Section 23(2) of the Land Acquisition Act, 1894 forms part of the compensation for which interest under Sections 28 and 34 must be paid. The Court noted that the Collector is statutorily obliged to pay the entire amount awarded under Section 23, which include…
RAVINDER SINGHversusJANMEJA SINGH AND ORS.
2000 INSC 45219 September 2000Dismissed
Ravinder Singh, who lost the 1997 Punjab Legislative Assembly election to Janmeja Singh, filed an election petition alleging two corrupt practices: bribery under Section 123(1)(A)(b) and false statements under Section 123(4) of the Representation of the People Act, 1951. The High Court dismissed the petition at the thr…
P.K. RAMACHANDRANversusSTATE OF KERALA AND ANR.
1997 INSC 66519 September 1997Dismissed
The State of Kerala filed a Miscellaneous First Appeal against a Sub‑Court decree in an arbitration matter, but the appeal was filed 565 days after the limitation period expired. The High Court, despite the respondent’s strong opposition, condoned the delay without recording any satisfaction that the explanation offere…
SMT. MUKUL RANI V ARSHNEI AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ANR.
1995 INSC 58319 September 1995Appeal(s) allowed
The appellants leased a property to a tenant who obtained permission from the Delhi Development Authority (DDA) to use it for commercial (non‑conforming) purposes. Later the DDA issued a show‑cause notice alleging that the appellants had permitted the tenant to use the property in violation of the Master/Zonal Plan, an…
AKKANISSERY GOVINDAN NAMBIARversusKARIYATH RAGHAVAN
1998 INSC 31519 August 1998Case Allowed
The landlord sought eviction of a long‑term tenant under the Kerala Buildings (Lease & Rent Control) Act, 1965, claiming a bonafide need for his son to start a grocery business in the premises. After the initial dismissal, the landlord obtained vacant possession of an adjacent building and the tenant argued that this a…
NIRMAL SINGH ETCversusSTATE OF HARYANA
1996 INSC 89819 August 1996Disposed off
The murder case arising from FIR No. 89 dated 16 July 1994 was investigated by the CBI, which charged fourteen persons including Nirmal Singh. After being denied bail repeatedly, the Sessions Judge, Ambala, granted interim bail on 11 May 1996 without the prosecution present. The High Court stayed that bail and, on 28 M…
SHIBU SORENversusDAYANAND SAHAY AND ORS.
2001 INSC 30019 July 2001Dismissed
Shibu Soren was elected to the Rajya Sabha while serving as Chairman of the Interim Jharkhand Area Autonomous Council (JAAC). A defeated candidate, Dayanand Sahay, challenged the election on the ground that Soren held an "office of profit" under the State Government, rendering him disqualified under Article 102(1)(a) o…
S.R. BHANRALEversusUNION OF INDIA AND ORS.
1996 INSC 75919 July 1996Disposed off
S.R. Bhanrale, an employee of the Department of Telecommunications, retired in July 1984 and claimed his pension, death-cum-retirement gratuity, G.P.F., encashment of earned leave, increment arrears, special pay and other retirement benefits. The Union of India failed to pay these dues within the statutory deadline, pr…
STATE OF KARNATAKA AND ORS.versusV.B. HIREGOWDAR
1996 INSC 76019 July 1996Appeal(s) allowed
V.B. Hegowdar, a government employee in Karnataka's Department of Child Development, was found guilty of irregularities in fund release and was reduced in rank on 10 April 1990. He challenged the punishment before the Karnataka Administrative Tribunal, which initially upheld the order but later, on review, set it aside…
MOHMED SALEEMLIAS CHUHO MOHMED SHAKOORversusSTATE OF GUJARAT
1994 INSC 27019 July 1994Disposed off
The appellant, Mohammed Saleem, was tried for assault with a knife that caused injuries to the complainant, and was charged under IPC Section 324, TADA Section 3(1), and the Bombay Police Act Section 135(1). The trial court acquitted him of the Bombay Police Act charge, but convicted him under IPC 324 and TADA 3(1). On…
MANMOHAN GARGversusM/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS
1998 INSC 10219 February 1998Dismissed
The respondent owned the registered trade mark “Khargosh Chhap” (Reg. No. 112689) for bidis, registered in 1945. The appellant sold bidis under the label “Goat Cub”, which the respondent alleged was deceptively similar and amounted to passing off. The trial court dismissed the suit, but the High Court Single Judge and …
CHHIDDA SINGHversusDY. DIRECTOR OF CONSOLIDATION AND ORS.
1998 INSC 10419 February 1998Dismissed
The petitioner, Chhidda Singh, filed a review petition (No. 315 of 1998) after the Supreme Court dismissed his Special Leave Petition (C) No. 6347 of 1997, which challenged orders of the Deputy Director of Consolidation and the High Court. The review petition merely reproduced verbatim the same grounds that had been ra…
ANIL @ ANDYA SADASHIV NANDOSKARversusSTATE OF MAHARASHTRA
1996 INSC 27819 February 1996Dismissed
The appellant was seized at a hotel in a notified area under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) after police, acting on prior information, recovered a country‑made revolver with two live cartridges and cash. The seized items were sealed, placed in safe custody and, after a 15‑day dela…
V.NARAYANASWAMYversusC.P. THIRUNAVUKKARASU
2000 INSC 2419 January 2000Dismissed
The appellant, a defeated candidate, filed an election petition challenging the Rajya Sabha election of the respondent on alleged corrupt practices, including bribery, undue influence, and the appointment of party‑affiliated persons to state corporations. The petition was found to lack material facts, material particul…
DIRECTOR OF ENFORCEMENTversusM/S M.C.T.M. CORPORATION PVT. LTD. AND ORS.
1996 INSC 10019 January 1996Appeal(s) allowed
The Directorate of Enforcement prosecuted M.C.T.M. Corp. Ltd. and its directors for failing to repatriate foreign exchange held in Malaysia for over fifteen years, alleging contravention of Section 10(1)(a) of the Foreign Exchange Regulation Act, 1947 (FERA) and imposing penalties under Section 23(1)(a). The Appellate …
M/S BENGAL WATERPROOF LIMITEDversusMIS BOMBAY WATERPROOF MANUFACTURING CO. AND ANR.
1996 INSC 132118 November 1996Appeal(s) allowed
Bengal Waterproof Ltd., holder of the registered trademark ‘Duck Back’, sued Bombay Waterproof Manufacturing Co. for infringement and passing off. The first suit (1980) was dismissed, and a second suit (1982) was filed alleging continuous infringement after the first suit. The trial court and High Court held the second…
COMMISSIONER OF INCOME TAX, MUMBAIversusANJUM M.H. GHASWALA AND ORS.
2001 INSC 51918 October 2001Disposed off
The Supreme Court examined whether the Income‑Tax Settlement Commission, created under Section 245B of the Income‑Tax Act, 1961, could waive or reduce the statutory interest payable under Sections 234A, 234B and 234C when passing settlement orders under Section 245D(4). The Court held that the term "terms" in Section 2…
CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.
2001 INSC 52018 October 2001Disposed off
The Supreme Court examined the meaning of "the principal sum adjudged" and "such principal sum" in Section 34(1) of the Code of Civil Procedure, 1908, in the context of bank loans that allow interest to be capitalised on periodical rests. It held that, subject to the contract or established banking practice, interest t…
SIDDALINGAMMA AND ANR.versusMAMTHA SHENOY
2001 INSC 52118 October 2001Leave Granted & Allowed
The landlady (appellant No.1) sought eviction of her tenant under Section 21(1)(h) of the Karnataka Rent Control Act, 1961, initially on the ground that her husband required treatment in Bangalore. During the pendency of the suit the husband died, and the landlady amended the petition under Order 6 Rule 17 of the CPC t…
NARMADA BACHAO ANDOLAN ETC. ETC.versusUNION OF INDIA AND ORS.
2000 INSC 48918 October 2000Disposed off
The Supreme Court examined a public‑interest writ petition challenging the construction of the Sardar Sarovar Dam on the Narmada River. The petitioners argued that the environmental clearance granted in 1987 was invalid, that the height of the dam should be reduced, and that the relief and rehabilitation measures for d…
KURUKSHETRA UNIVERSITY AND ANR.versusJYOTI SHARMA AND ORS. ETC.
1998 INSC 36918 September 1998Disposed off
The Kurukshetra University closed admissions to its M.Sc (Zoology) programme for 1997‑98 after publishing four merit lists, but four students later left creating vacancies. The university handbook prescribed the admission schedule but was silent on how to fill seats that became vacant after closure. The Vice‑Chancellor…
RAM PRASAD RAJAKversusNANO KUMAR AND BROS. AND ANR.
1998 INSC 31018 August 1998Case Allowed
The landlord (appellant) filed an eviction suit under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 on the ground of bona‑fide personal requirement. The trial court dismissed the suit; the landlord appealed and obtained a decree for eviction, which the tenants (respondents) challenged by filing a revis…
ALIL MOLLAH AND ANR.versusSTATE OF WEST BENGAL
1996 INSC 75218 July 1996Appeal(s) allowed
The appellants were convicted for the murder of Elem Bux Molla under Sections 302 and 34 of the IPC, based solely on the testimony of a single eye‑witness, PW‑3, who was an employee of the deceased. The Supreme Court examined the witness's conduct, noting that he delayed reporting the incident, gave no prior account to…
GAJANAN KRISHNAJI BAPAT AND ANOTHERversusDATTAJI RAGHOBAJI MEGHE AND OTHERS
1995 INSC 40418 July 1995Dismissed
The Supreme Court examined an election petition challenging the Lok Sabha election of Datta Raghobaji Meghe on allegations that he exceeded the permissible election‑expenditure limit and committed corrupt practices. The Court reiterated that the right to elect and be elected is a statutory right governed strictly by th…
BALWANT SINGH AND ANR. ETC. ETCversusSTATE OF HARYANA
1994 INSC 12418 March 1994Disposed off
Balwant Singh, his brother Mahabir Singh, Lal Singh and Abhey Singh were convicted for murder under Sections 302 and 34 IPC. The High Court acquitted Mahabir and Lal Singh, but upheld the convictions of Balwant and Abhey. On appeal, the Supreme Court examined the credibility of eye‑witnesses Raj Singh and Jagmal Singh,…
SAVITRI DEVIversusDISTRICT JUDGE, GORAKHPUR AND ORS.
1999 INSC 6818 February 1999Dismissed
Savitri Devi filed a civil suit against her four sons for maintenance and a charge over ancestral property, and the court issued an interim injunction restraining any alienation of the suit property. The first son subsequently sold one‑fourth shares of three parcels to three third‑party purchasers (respondents 3‑5). Th…
STATE OF HIMACHAL PRADESHversusRAGHUBIR SINGH
1993 INSC 6018 February 1993Appeal(s) allowed
The State prosecuted Raghubir Singh, then aged about 16, for raping an 8‑year‑old girl. The victim, her father and sister testified, and a medical doctor confirmed injuries consistent with sexual intercourse. The trial court convicted the accused under S.376 IPC and sentenced him to five years' rigorous imprisonment. T…
MOHD. ABUBAKKAR SIDDIQUEversusMUSTAFA SHAHIDUL ISLAM AND ORS.
2000 INSC 2218 January 2000Appeal(s) allowed
Mohammed Idris Ali filed an election petition challenging the 1996 election of Mustafa Shahidul Islam to the Assam Legislative Assembly. He later applied to withdraw the petition under Section 109 of the Representation of the People Act, 1951, and the withdrawal notice was published in the Official Gazette on 20 Septem…
AMRIK SINGH, SATNAM SINGH AND ANR.versusTHE STATE OF RAJASTHAN
1993 INSC 39717 December 1993Dismissed
The Supreme Court examined appeals by Amrik Singh, Satnam Singh and Mohar Singh against convictions for murder and attempted murder arising from a 1976 shooting that killed Satveer and Lal Chand and injured others. The sole surviving eye‑witness, Trilok Kumar, who was critically injured, identified the accused and his …
PREM CHAND ALIAS PREM NATHversusSMT. SHANTA PRABHAKAR
1997 INSC 73017 November 1997Dismissed
The landlord filed an eviction petition under Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987, claiming the tenant defaulted on rent and that the premises were needed bona fide for building or rebuilding. The Rent Controller dismissed the petition for lack of evidence about the building's conditio…
THE COMMITTEE OF MANAGEMENT OF PANCHAIYAPPA'S TR USTversusOFFICIAL TRUSTEE OF MADRAS AND ANOTHER
1993 INSC 37217 November 1993
The Committee of Management of Pachaiyappa's Trust (the appellant) challenged a lease of a 5.65‑ground plot vested in the Official Trustee of Madras that had been granted to a partnership (respondent No.2) for a 30‑year term. The High Court, exercising its supervisory jurisdiction under Section 25 of the Official Trust…
RAMESH KUMARversusSTATE OF CHHATTISGARH
2001 INSC 51517 October 2001Case Partly allowed
The appellant, Ramesh Kumar, was convicted under Sections 306 and 498-A of the IPC for the suicide of his wife Seema within a year of marriage. The trial court relied on testimonies, a suicide note, a diary, and an undated letter, interpreting the husband's statements as instigation and alleging dowry demands. On appea…
KASHI RAM AND ORS.versusSTATE OF M.P.
2001 INSC 51617 October 2001Case Partly allowed
Eight accused were tried for murder, assault and illegal possession of arms after a violent clash in a Madhya Pradesh village. The trial court acquitted all, finding that the prosecution witnesses were unreliable and that the accused acted in private defence, especially since one accused (Prabhu) had sustained serious …
BASUDEO TIWARYversusSIDO KANHU UNIVERSITY AND ORS.
1998 INSC 36717 September 1998Appeal(s) allowed
Basudeo Tiwary, a lecturer appointed in 1978 at an affiliated college that later became a constituent unit of Sido Kanhu University, was re‑appointed on a temporary basis in 1986. The Vice‑Chancellor terminated his services, invoking Section 35(3) of the Bihar State Universities Act, 1976, on the ground that his appoin…
SANJAY MUSALEversusSTATE OF M.P. AND ORS.
1998 INSC 36617 September 1998Dismissed
The petitioner, Sanjay Musale, filed a writ petition in the Madhya Pradesh High Court alleging public interest, but the petition concealed material facts and appeared to be filed on behalf of another person. The High Court dismissed the petition, holding that there was no genuine public interest and that the court's pr…
S.R. CHAUDHURIversusSTATE OF PUNJAB AND ORS.
2001 INSC 37317 August 2001Appeal(s) allowed
The appellant, S.R. Chaudhuri, filed a writ of quo warranto challenging the re‑appointment of Shri Tej Parkash Singh as a Minister in Punjab after he had resigned for failing to be elected within six months as required by Article 164(4) of the Constitution. The High Court dismissed the petition, but the Supreme Court e…
A.C. THALWALversusHIGH COURT OF HIMACHAL PRADESH AND ORS.
2000 INSC 40117 August 2000Dismissed
A.C. Thalwal, a former Air Force officer, joined the Himachal Pradesh Judicial Service under the ex‑servicemen quota and sought to have his 11 years of approved military service counted for seniority and pay fixation under the Ex‑Servicemen (Reservation of Vacancies in H.P. Judicial Service) Rules, 1981. The High Court…
SMT. MEENAversusSTATE OF MAHARASHTRA
2000 INSC 21817 April 2000Appeal(s) allowed
ANIL PHUKANversusSTATE OF ASSAM
1993 INSC 9617 March 1993Appeal(s) allowed
Anil Phukan and his brothers were convicted under Sections 302 and 34 of the IPC for the murder of Trinayan Chandra Baruah, based primarily on the testimony of a single eye‑witness, the deceased's nephew. The Supreme Court examined whether a conviction can rest on such testimony without independent corroboration and wh…
GITHA HARIHARAN AND ANR .versusRESERVE BANK OF INDIA AND ANR.
1999 INSC 6617 February 1999Disposed off
The petitioners, a mother and father, applied to the Reserve Bank of India for relief bonds in their minor son's name, with the mother signing as guardian. RBI rejected the application, insisting on the father's signature or a guardianship certificate, relying on Section 6(a) of the Hindu Minority and Guardianship Act,…
CENTRAL BUREAU OF INVESTIGATIONversusSUBODH KUMAR DUTTA AND ANR.
1997 INSC 3517 January 1997Disposed off
The Central Bureau of Investigation (CBI) filed a charge sheet against Subodh Kumar Dutta under the Prevention of Corruption Act, 1947 for allegedly accepting a bribe of Rs. 700. A Special Judge, appointed under the West Bengal Special Courts Act, 1949, took cognizance of the offence on 9 July 1988. The 1947 Act was re…
BRIJ MOHAN AND ORS.versusSTATE OF RAJASTHAN
1993 INSC 39316 December 1993Dismissed
The case involved an armed robbery and dacoity at night in a village where four persons were killed. Six accused were arrested after an encounter and, within 24 hours, a test identification was conducted before a Judicial Magistrate, resulting in eleven eyewitnesses positively identifying the appellants. The trial cour…
BHALINDER SINGH @ RAJUversusSTATE OF PUNJAB
1993 INSC 39416 December 1993Appeal(s) allowed
Bhalinder Singh was convicted of murder, kidnapping and abetment of suicide based solely on circumstantial evidence, including a claim that he was last seen with the deceased, the recovery of the victim's shoes, an extra‑judicial confession to the village sarpanch, and a false explanation to the victim's father. The Su…
A.P. AGGRAWALversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANR.
1999 INSC 52016 November 1999Appeal(s) allowed
The appellant, A.P. Aggarwal, was the second name on a selection panel for the post of Member, Sales‑Tax Appellate Tribunal. After the first appointee resigned within six months, the Central Government, contrary to Office Memorandum No. 39021118/84 dated 14‑May‑1987 and Section 13(4) of the Delhi Sales‑Tax Act, 1975, i…
SUDHIR BROTHERSversusDELHI DEVELOPMENT AUTHORITY AND ANR.
1995 INSC 74516 November 1995Appeal(s) allowed
The appellant Sudhir Brothers were awarded a construction contract by the Delhi Development Authority. Disputes led to a reference to arbitration on 1 April 1984; the arbitrator entered the reference on 8 February 1985 and rendered an award on 15 July 1987, granting the appellant the contract sum together with 12 % sim…
STATE OF RAJASTHAN AND ORS. ETC. ETC.versusSHRI SHYAM LAL JOSHI AND ORS. ETC. ETC.
1993 INSC 36816 November 1993Disposed off
The petitioners, holders of National Trade Certificates (NTC), claimed that the State of Rajasthan's recognition of NTC as equivalent to the Basic School Training Certificate (BSTC) entitled them to appointment as primary school teachers in Panchayat Samiti schools. The High Court had allowed this claim, invoking promi…
UNION OF INDIAversusKOLLUNI RAMAIAH AND ORS.
1993 INSC 36916 November 1993
The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator raised it to Rs 15 an…
SUBHASH CHANDversusSTATE OF RAJASTHAN
2001 INSC 50716 October 2001Appeal(s) allowed
Subhash Chand was convicted by the trial court of murder and rape of a five‑year‑old girl and sentenced to death, a decision later modified to life imprisonment by the Rajasthan High Court. The prosecution's case rested entirely on circumstantial evidence: alleged "last seen together" testimony, the accused's abnormal …
THE REGISTRAR (ADMN.), HIGH COURT OF ORISSA, CUTT ACKversusSISIR KANTA SATAPATHY (DEAD) BY LRS. AND ANR. ETC
1999 INSC 40616 September 1999Disposed off
The Supreme Court examined whether a High Court can itself order the compulsory retirement of subordinate judicial officers. The Orissa High Court had recommended premature retirement of three judges and, in a separate notification, attempted to effect the retirement without a formal order from the State Governor. The …
AJIT SINGH AND ORS.versusTHE STATE OF PUNJAB AND ORS.
1999 INSC 40716 September 1999Disposed off
The Supreme Court considered three interlocutory applications filed by the State of Punjab seeking clarification of its earlier judgments in Ajit Singh (1996) and Virpal Singh (1993) regarding seniority of reserved‑category officers promoted at roster points. The Court held that such roster‑point promotees cannot claim…
SUBE SINGH BAHMANI AND ORS. ETC. ETC.versusSTATE OF HARYANA
1999 INSC 40816 September 1999Disposed off
The case concerned seniority disputes between reserved‑category candidates promoted by roster and general‑category candidates in the Haryana civil services. The appellants, who were reserved candidates, claimed that circulars issued by the Haryana Government (9‑Feb‑1979 and 10‑Jan‑1997) correctly excluded their seniori…
SH. RAM PRASAD ETC.ETCversusSH. D.K. VIJAY AND ORS. ETC. ETC
1999 INSC 40916 September 1999Dismissed
General‑category officers of the Rajasthan Police Service and Rajasthan Administrative Service filed writ petitions challenging the seniority of reserved‑category officers promoted at roster points, while reserved officers sought to enforce the seniority rules. The Rajasthan High Court modified seniority lists in accor…
JATINDER PAL SINGH AND ORS. ETC. ETCversusSTATE OF PUNJAB
1999 INSC 41016 September 1999Disposed off
The Supreme Court examined appeals by general‑category officers of the Punjab Education Department challenging a Punjab High Court order that had granted promotion to reserved‑category Head Masters/Mistresses as Principals on the basis of roster points. The Court held that the law governing promotion and seniority was …
MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.
1999 INSC 41116 September 1999Disposed off
Petitioners filed a writ petition under Article 32 challenging the Uttar Pradesh Government's failure to act on the Parekh Commission Report on the 1982 Meerut riots, which had been submitted in 1988. The State Cabinet eventually decided to table the report, not take any further action, and consign it to records, citin…
KERALA STATE ELECTRICITY BOARD AND ANR.versusVALSALA K. AND ANR. ETC. ETC.
1999 INSC 41216 September 1999Dismissed
The Supreme Court considered whether the 1995 amendment to Sections 4 and 4A of the Workmen's Compensation Act, 1923, which increased compensation amounts and interest rates, applied to claims arising from accidents that occurred before the amendment’s effective date of 15 September 1995. Relying on the earlier decisio…
PADMASINGHJI BAJIRAO PATIL AND ORS. ETC. ETC.versusSTATE OF MAHARASHTRA AND ORS.
1999 INSC 41316 September 1999Dismissed
Padmasinhji Bajirao Patil and others challenged the constitutional validity of Section 144‑T of the Maharashtra Co‑operative Societies Act, 1960, which makes the order of the Commissioner or a specified officer in election disputes final and conclusive with no provision for appeal or revision. The petitioners argued th…
C. SAMPATH KUMARversusTHE ENFORCEMENT OFFICER, ENFORCEMENT DIRECTORATE, MADRAS
1997 INSC 65916 September 1997Dismissed
The appellant was served a summons under Section 40 of the Foreign Exchange Regulation Act, 1973, requiring him to appear before the Enforcement Officer and give a written, signed statement. He challenged the summons, contending that he could not be compelled to provide a written statement, alleging that the process am…
SHRI GAJANAN L. PERNEKARversusSTATE OF GOA AND ANR.
1999 INSC 33216 August 1999Appeal(s) allowed
The appellant, a headmaster appointed to a government high school, was transferred to a middle school after the school's takeover and later absorbed back as headmaster of the high school with retrospective effect and consequential benefits by a government order dated 16‑Feb‑1994. The appellant filed a writ petition see…