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Supreme Court of India

ARIJIT PASAYAT

1,966 judgments delivered by benches including this judge — showing 1–200.

COMMISSIONER OF CENTRAL EXCISE, JAIPURversusM/S. SRI GANGANAGAR BOTTLING CO.

2007 INSC 88931 August 2007Dismissed

The respondent, Mis. Sri Ganganagar Bottling Co., a small‑scale industrial (SSI) unit, manufactured aerated water and affixed the brand name "Citra" belonging to M/s Limca Flavours and Fragrances Ltd., which was also an SSI unit eligible for exemption under Notification No.1/93‑CE. The Revenue issued a show‑cause notic

AGGARWAL AND MODI ENTERPRISES PVT.LTD. AND ANRversusNEW DELHI MUNICIPAL COUNCIL

2007 INSC 89031 August 2007Disposed off

Aggarwal and Modi Enterprises Pvt. Ltd. occupied the Chanakya Cinema Complex under a licence that expired on 30 September 2000. The New Delhi Municipal Council (NDMC) sought vacant possession and intended to dispose of the property by public auction under Section 141(2) of the NDMC Act, 1994, to obtain the maximum poss

KHALEK SHAIKHversusSTATE OF WEST BENGAL

2006 INSC 57231 August 2006Case Partly allowed

The appellant was convicted under Section 46A(a)(ii) of the Bengal Excise Act, 1909 for unlawful possession of 40 litres of illicit distilled liquor and sentenced to three years' rigorous imprisonment. He appealed, contending that no independent witness was examined, that the offence was one of possession (covered by S

SURINDER SINGH @CHHINDA AND ANRversusSTATE OF PUNJAB

2006 INSC 57331 August 2006Case Partly allowed

The case involves four accused who stopped the complainant and his son; one accused thrust a knife into the son, causing his death. The trial court convicted all four under Section 302/323 read with Section 34 of the IPC, and the High Court affirmed the conviction. Two of the accused (Surinder Singh and Raja Singh), wh

STATE BANK OF INDIA AND ANR.versusBELA BAGCHI AND ORS.

2005 INSC 39231 August 2005Appeal(s) allowed

The State Bank of India (SBI) initiated disciplinary proceedings against its employee, Snigdha Kanti Bagchi, for misappropriating customers' money. While the proceedings were pending, the employee’s service was extended for three months under Rules 20‑A and 20‑B of the SBI (Supervising Staff) Service Rules, 1975, to al

STATE OF HARYANAversusMAI RAM SON OF MAM CHAND

2008 INSC 88331 July 2008Case Allowed

The State of Haryana secured a conviction under Section 17 of the NDPS Act for possession of 1.5 kg of opium seized after police stopped the accused at a railway station on suspicion. The Punjab and Haryana High Court acquitted the accused, holding that Section 50 of the NDPS Act was violated, that elaborate reasons fo

COMMNR. OF SALES TAX, U.P.versusM/S HIND LAMPS LTD.

2008 INSC 88431 July 2008Case Allowed

The Commissioner of Sales Tax, Uttar Pradesh, appealed against a judgment of the Allahabad High Court which had allowed M/s Hind Lamps Ltd. to adjust alleged refundable tax amounts against tax payable for April, May and August 1977. The dealer claimed refunds for assessment years 1968-69 to 1971-72 and unilaterally adj

M/S REIZ ELECTROCONTROLS PVTS. LTD.versusCOMMR. OF CENTRAL EXCISE, DELHI-I

2006 INSC 47931 July 2006Disposed off

Mis RE manufactured electronic fan regulators under the brand "REIZ" since 1988, while its sister company Mis REPL, formed in 1993, manufactured electronic transformers using the same brand. Under Notification No. 1/93, a manufacturer using another's brand name is ineligible for small‑scale exemption. The Commissioner

MANIK DAS AND ORS.versusSTATE OF ASSAM

2007 INSC 67331 May 2007Dismissed

The appellants, five men including Manik Das, were convicted of murder under IPC s.302 read with s.34 for assaulting Anil Das with spears, which led to his death. The prosecution relied on eye‑witness statements and a post‑mortem report that matched the witnesses' accounts, naming all five accused. The appellants conte

PAPPU @ HARI OMversusSTATE OF MADHYA PRADESH

2009 INSC 42931 March 2009Disposed off

On Diwali night the deceased Ramesh was playing cards when appellant Pappu @ Hari Om and co-accused Bal Kishan arrived, quarrelled and later the appellant fired a 12‑bore gun, striking the deceased on the right shoulder/chest. The victim died in hospital. The trial court convicted the appellant under Section 302 IPC (m

BALKAR SINGHversusSTATE OF UTIARAKHAND

2009 INSC 43331 March 2009Case Partly allowed

Balkar Singh was convicted by the trial court and affirmed by the High Court for the murder of two persons and attempted murder of a third under Section 302 and 307 IPC, based on the testimony of an injured witness and two eye‑witnesses. The appellant contended that the facts did not satisfy the statutory requirements

BHASKAR RAMAPPA MADAR AND ORS.versusSTATE OF KARNATAKA

2009 INSC 43431 March 2009Appeal(s) allowed

The appellants, the husband and in‑laws of a married woman who committed suicide, were charged under Sections 306 and 498A IPC for alleged dowry harassment. The trial court acquitted them, holding that the complainant‑investigating officer’s involvement did not taint the prosecution and that the evidence was insufficie

HANUMANTAPPA BHIMAPPA DALAVAI & ANRversusSTATE OF KARNATAKA

2009 INSC 43531 March 2009Dismissed

The appellants, Hanumanthappa Bhimappa Dalavai and another, were convicted for murder and grievous hurt after a violent altercation in which they used a crow‑bar, stick and iron rod, resulting in two deaths. They appealed, claiming the right of private defence under Sections 96, 97 and 100 of the IPC. The Supreme Court

PRADEEP KUMARversusSTATE OF HARYANA

2009 INSC 43631 March 2009Case Partly allowed

The appellant, Pardeep Kumar, was convicted of dowry harassment (s.498A IPC), dowry death (s.3048 IPC) and murder (s.302 IPC) after his wife died from burns allegedly caused by a gas cylinder. The trial and High Courts upheld all three convictions, sentencing him to life imprisonment for murder and ten years for dowry

KRISHNA GHOSHversusSTATE OF WEST BENGAL

2009 INSC 43731 March 2009Dismissed

Krishna Ghosh was convicted under Sections 498‑A (cruelty) and 302 read with Section 34 of the Indian Penal Code for the murder of his wife Yogmaya, who was found dead in their matrimonial home within one year and four months of marriage. The prosecution relied on circumstantial evidence: multiple witnesses saw the bod

SADHU SINGHversusSTATE OF PUNJAB

2009 INSC 43831 March 2009Case Partly allowed

The case involved Sadhu Singh and two accomplices who were convicted for the murder of Jagdev Singh after Sadhu Singh fired a shot while confronting the deceased on a tractor. The accused claimed the shooting was in exercise of the right of private defence under Sections 96‑106 of the IPC. The Supreme Court examined th

CHAMAN LAL & ORS.versusSTATE OF PUNJAB & ANR.

2009 INSC 43131 March 2009Dismissed

The appellants purchased a plot of land through a General Power of Attorney (GPA) that was later cancelled, but the GPA holder concealed this and executed sale deeds in their favour. The complainant filed a suit and later a criminal complaint alleging conspiracy, cheating and criminal breach of trust, leading to charge

STATE OF UTTAR PRADESHversusSHYAM BEHARI & ANR.

2009 INSC 43231 March 2009Dismissed

The State of Uttar Pradesh appealed the acquittal of Shyam Behari and another accused who had been convicted by a trial court under IPC sections 302/34 and 201/34 on the basis of circumstantial evidence. The High Court set aside the conviction, holding that the evidence regarding the accused being the last person seen

STATE OF RAJASTHANversusRATAN LAL

2009 INSC 42831 March 2009Appeal(s) allowed

The accused, Ratan Lal, was found in possession of a bag containing a large quantity of opium. The trial court acquitted him on the ground that the mandatory requirements of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not complied with, and the High Court refused the State’s request for

STATE OF U.P.versusRAMA KANT & ORS.

2009 INSC 43031 March 2009Dismissed

The incident occurred on 23 October 1979, where the State alleged that the accused committed murder and related offences under Sections 302, 149, 323, 148 and 147 of the Indian Penal Code. The trial court convicted the accused, but the Allahabad High Court acquitted them, citing several doubts about the prosecution's c

COLLECTOR & DIST. MAGISTRATE AND ORS.versusS. SULTAN

2008 INSC 42831 March 2008Appeal(s) allowed

The Supreme Court examined the validity of a preventive detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986 against several individuals described as "goondas". The High Court had quashed the order on the grounds that the cited incidents were stale, did not affect public order, a

B.S.N.L. LTD. & ANR.versusBHUPENDER MINHAS & ORS.

2008 INSC 43131 March 2008Disposed off

The dispute concerned a disqualification clause in BSNL’s Notice Inviting Tender (NIT) that barred any contractor whose near‑relative was employed in any BSNL unit from submitting a bid. The petitioners argued that the restriction was arbitrary, especially when the relative held a low‑grade post (Class III or IV), and

DIRECTOR, HORTICULTURE PUNJAB & ORS.versusJAGJIVAN PARSHAD

2008 INSC 42231 March 2008Appeal(s) allowed

The respondent, Jagjivan Parshad, a gardener, was terminated from service in 1997. The Labour Court, under Section 10(1)(c) of the Industrial Disputes Act, 1947, held the termination illegal and ordered reinstatement with 50% back wages, finding that he had worked more than 240 days. A writ petition challenging the awa

UNION OF INDIA AND ORS.versusKASHISWAR JANA

2008 INSC 43331 March 2008Appeal(s) allowed

The respondent, claiming to be a freedom fighter, applied for a freedom fighter's pension on 28 July 1981, which was rejected by the Central Government in 1993. He filed a writ petition before the Calcutta High Court, which was allowed on 4 August 1993, directing the government to release the pension. The government ap

SMT. SANDHYA JADHAVversusSTATE OF MAHARASHTRA

2006 INSC 19231 March 2006Case Partly allowed

The appellant Sandhya Jadha and co‑accused, who were tenants, assaulted their landlord when he came for rent and, during the ensuing quarrel, the appellant delivered a knife blow to the back of the landlord's nephew, who later died. They were convicted under Section 302 IPC (murder) and related offences. On appeal, the

KULDEEP SINGH AND ANR.versusSTATE OF TAMIL NADU AND ORS .

2005 INSC 17431 March 2005Disposed off

Petitioners, a renal patient in Tamil Nadu and his brother from Punjab, applied for a No‑Objection Certificate (NOC) under the Transplantation of Human Organs Act, 1994, to enable a kidney donation by the brother, who was not a near relative. The Tamil Nadu authorities directed the petitioners to seek the NOC from Punj

CANARA BANKversusV.K. AWASTHY

2005 INSC 17531 March 2005Appeal(s) allowed

Canara Bank dismissed employee V.K. Awasthy for multiple acts of misconduct. The employee challenged the dismissal, alleging violation of natural justice and that the punishment was disproportionate. The High Court held the dismissal violated natural justice and was excessive, directing a fresh hearing. On appeal, the

HIMMAT SINGH AND ORS.versusL.C.I. INDIA LTD. AND ORS.

2008 INSC 12531 January 2008Dismissed

The Indian Explosive Limited, a urea manufacturer, employed several licensed contractors who in turn engaged workers. The Fertilizer Workers Union sought regularisation of these workers under Rule 25(v)(a) of the Uttar Pradesh Contract Labour Rules, arguing they performed work similar to the company's own workmen and d

DOLHIN PADHARO DEVIversusINDRAJEET TIWARY & ANR

2008 INSC 12631 January 2008Dismissed

The appellant, a purchaser, challenged orders of the ceiling authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, first through writ petitions raising the jurisdiction of those authorities, which were dismissed by the High Court. He then filed a title suit seeki

SELLAPPANversusSTATE OF TAMIL NADU

2007 INSC 8331 January 2007Case Partly allowed

The Supreme Court reviewed the conviction of Sellappan for beating the deceased Periasamy, who later died from head injuries. The key issue was whether the injury satisfied the test for murder under Section 300(3) of the IPC – i.e., being sufficient in the ordinary course of nature to cause death – or only "likely to c

DEVISINGH MEENAversusUNION OF INDIA

2007 INSC 120730 November 2007Dismissed

The appellant, an officer of the Indian Railways, claimed promotion to Chief Commercial Manager, Senior Administrative Grade, on the basis that the Minister of Railways had initially approved his inclusion in the promotion panel. The Departmental Promotion Committee (DPC) later refused to recommend his name, and the Mi

KAILASH CHANDRAversusSTATE OF M.P.

2007 INSC 120830 November 2007Disposed off

The police seized a truck owned by Kailash Chandra that was found carrying foreign liquor. The driver was convicted under Section 34 of the Madhya Pradesh Excise Act, 1915 and the trial court ordered confiscation of the truck under Section 46, holding that the owner had knowledge of the offence. The appellant argued th

STATE OF MADHYA PRADESHversusKEDAR YADAV

2006 INSC 92930 November 2006Case Partly allowed

The State of Madhya Pradesh appealed a High Court order that reduced the ten‑year rigorous imprisonment awarded to Kedar Yadav for an offence under Section 307 of the Indian Penal Code to the period already served. The trial court had convicted Yadav for attempting to murder the complainant, Parvat Singh, who suffered

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. AFROZ BI AND ORS.

2006 INSC 93030 November 2006Case Partly allowed

On 17 August 1992 a motor vehicle involved in a fatal accident was insured with National Insurance Company Ltd. for the period 5 October 1991 to 4 October 1992. New India Assurance Co. Ltd. issued a policy covering a later period (7 November 1992 to 6 November 1993) and the premium cheque for that period was dishonoure

STATE OF U.P.versusKISHAN

2004 INSC 68430 November 2004Disposed off

The accused Kishan was convicted of murder under Section 304 Part‑II of the IPC and sentenced to seven years’ rigorous imprisonment. He appealed to the Allahabad High Court, seeking a lenient sentence on the ground that the offence occurred in 1988, and the High Court reduced his term to the period already served, orde

MURUGAN AND ANR.versusSTATE REP. BY PUBLIC PROSECUTOR, MADRAS, TAMIL NADU ANR.

2008 INSC 110730 September 2008Dismissed

The appellants were convicted under IPC s.307 for a violent assault on two witnesses, after the trial court had acquitted them. The State appealed the acquittal under CrPC s.378, and the Madras High Court set aside the acquittal, finding the trial court's reasons untenable. The appellants contended that an appellate co

RESERVE BANK OF INDIA & ANR.versusSTATE REP. BY M.R. BHAVSAR, BOMBAY

2008 INSC 110930 September 2008Appeal(s) allowed

The Labour Enforcement Officer issued a show‑cause notice under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, alleging that the Reserve Bank of India’s College of Agricultural Banking had violated the Act. The principal of the college filed an application to quash the proceedings, contending th

STATE OF KERALA & ANR.versusPROF. D. GOPALAKRISHNA PILLAI & ORS.

2008 INSC 111030 September 2008Disposed off

The State of Kerala appealed against a Division Bench judgment of the Kerala High Court that dismissed its writ petition. The High Court had relied on a Full Bench decision in Accountant General v. Kunjamma, despite a stay order in that case before this Court. The appellant argued that the High Court’s decision was inc

SPECIAL LAND ACQUISITION OFFICERversusINDIAN STANDARD METAL CO. LTD.

2004 INSC 56630 September 2004Case Partly allowed

The State acquired about 21 hectares of land owned by Indian Standard Metal Co. Ltd. (the claimant) under a notification issued on 3 February 1970 pursuant to Section 4 of the Land Acquisition Act, 1894. The claimant had earlier purchased part of the land in 1964‑65 and received a portion of the land from the Governmen

HARISHCHANDRA LADAKU THANGEversusSTATE OF MAHARASHTRA

2007 INSC 87830 August 2007Disposed off

The deceased Dwarkabai disappeared while working in her field and her body was found days later. The appellant, Harishchandraladakuthange, had a prior dispute with her and was alleged to have threatened her. The prosecution relied on circumstantial evidence, including a claim that the accused and the deceased were last

COMMISSIONER OF CUSTOMS, CHENNAIversusM/S. HEWLETT PACKARD INDIA SALES (P) LTD.

2007 INSC 88630 August 2007Disposed off

The Commissioner of Customs appealed against Hewlett‑Packard India Sales Ltd., which had imported laptops with hard‑disk drives pre‑loaded with operating‑system software. The importer claimed that the software‑loaded hard disks should be classified separately under heading 85.24 of the Customs Tariff Act, 1985 and enjo

DEFIANCE KNITTING INDUSTRIES PVT. LTD.versusJAY ARTS

2006 INSC 56730 August 2006Appeal(s) allowed

Defiance Knitting Industries filed a summary suit for Rs.98.81 lakh and applied for unconditional leave to defend under Order XXXVII Rule 3(5) of the CPC, which was rejected. The Bombay High Court, in a civil revision, directed the defendant to deposit Rs.20 lakh to show bonafides and allowed a subsequent application f

UNION OF INDIA AND ANR.versusAYUB ALI

2006 INSC 56830 August 2006Disposed off

The respondent, a Class II contractor, was denied revalidation of his enlistment on the ground of insufficient marks, which were based on delay in completion of work and quality of work. He filed a writ petition which was allowed by a Single Judge of the Delhi High Court. The Division Bench dismissed the Letters Patent

COMMISSIONER OF PUBLIC INSTRUCTIONS AND ORS.versusK.R. VISHWANATH

2005 INSC 38830 August 2005Appeal(s) allowed

The respondent, K.R. Vishwanath, applied for a compassionate appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules after his father, a government servant, died when he was an infant. His first application was filed more than a year after he attained majority and was rejected for be

K. RUDRAPPAversusSHIVAPPA

2004 INSC 48530 August 2004Leave Granted & Allowed

The appellant, K. Rudrappa, sought to be recognized as the legal representative of his deceased father, who had an appeal pending for a land grant under the Karnataka Village Offices Abolition Act, 1961. Unaware of the appeal, the appellant learned of it only after receiving a letter from his father's advocate and prom

MADHO SINGH AND ORS.versusMONI SINGH (D) BY LRS. AND ORS.

2004 INSC 48630 August 2004Leave Granted & Allowed

The villagers of Kanardipura filed a suit in representative capacity under Order I Rule 8 of the CPC seeking declaration of title, permanent injunction and possession of land they claimed was grazing (Charnoi) land, not a grove. The Board of Revenue had earlier settled the land as a grove in favour of Kalu Singh’s heir

SHIVJEE SINGH AND ORS.versusSTATE OF BIHAR

2008 INSC 87930 July 2008Disposed off

The case arose from a violent incident on Holi in 1993 where Satya Narain Singh and his son Ambika Singh, along with several others, threw stones at a house and Ambika Singh fired a gun, killing one person and injuring others. The trial court convicted the accused under Sections 302, 148, 149 of the Indian Penal Code a

PONNAM CHANDRAIAHversusSTATE OF A.P.

2008 INSC 88030 July 2008Case Partly allowed

Sixteen accused attacked the deceased with weapons, leading to his death. The trial court convicted all under sections 147, 148, 149, 302 and related provisions, and the High Court upheld convictions of some while acquitting others. On appeal, the Supreme Court examined whether the relatives of the deceased, who were k

GODREJ PACIFIC TECH. LTD.versusCOMPUTER JOINT INDIA LTD.

2008 INSC 88130 July 2008Case Allowed

Godrej Pacific Tech Ltd. applied to the trial court for re‑examination of certain witnesses under Section 311 of the Code of Criminal Procedure, 1973. The trial court rejected the application, and the Punjab and Haryana High Court upheld that rejection. On appeal, the Supreme Court examined the scope and object of Sect

N.P. JHARIAversusSTATE OF M.P.

2007 INSC 79230 July 2007Dismissed

N.P. Jharia, a Sales Tax Officer, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to three years' imprisonment and a fine; the High Court upheld the conviction but re

BANK OF INDIA AND ANR .versusTARUN KR. BISWAN AND ORS.

2007 INSC 79330 July 2007Appeal(s) allowed

The Bank of India had a scheme for "Budlee Sepoys" whereby temporary workers could be absorbed into permanent posts only after completing 240 working days in a block year. Several such workers filed writ petitions seeking regularisation, claiming they had satisfied the 240‑day requirement. The Calcutta High Court Singl

M/S. SHAKTHI SEEDS PVT. LTD.versusDY. COMMNR. (CT) AND ANR.

2007 INSC 67130 May 2007Appeal(s) allowed

Mis. Shakthi Seeds Pvt. Ltd., a registered dealer in agricultural seeds, claimed exemption from sales tax on certain seed varieties by invoking G.O.Ms. No. 604 (1991) and G.O.Ms. No. 129 (1989), asserting that the seeds were either certified or truthfully labelled. The Deputy Commissioner, after finding the seeds were

ANKUSH MARUTI SHINDE & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 64930 April 2009Disposed off

The case involved six accused who were charged with dacoity, murder and gang rape of a minor girl and her family members. The trial court convicted all of them under Sections 302, 376(2)(g), 307, 34, 397, 395 and 396 of the IPC and sentenced each to death; the High Court confirmed death for three and reduced the senten

STATE OF A.P.versusE. SATYANARAYANA

2009 INSC 64830 April 2009Dismissed

E. Satyanarayana was charged with murdering his wife and minor son. The trial court convicted him on the basis of an alleged extra‑judicial confession made to the Village Administrative Officer and the recovery of a blood‑stained sickle, sentencing him to life imprisonment. The Andhra Pradesh High Court acquitted him,

RAVINDER SINGHversusSTATE OF HIMACHAL PRADESH

2009 INSC 65430 April 2009Case Partly allowed

Ravinder Singh was stopped while transporting five bottles of illicit liquor and was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914, receiving a six‑month imprisonment. He appealed, contending that at the time of the offence (25 May 1995) no minimum sentence was prescribed, and that the amendment intro

CHAIRMAN, U.P. JAL NIGAM AND ANR.versusRADHEY SHYAM GAUTAM AND ANR.

2007 INSC 35530 March 2007Dismissed

The respondent, a former employee of Uttar Pradesh Jal Nigam, filed a writ petition seeking to remain in service until the age of 60, arguing that the amendment of Rule 56(a) of the Uttar Pradesh Fundamental Rules, which raised the retirement age for state government servants from 58 to 60, should apply to him. The app

SMT. MANJURI BERAversusTHE ORIENTAL INSURANCE COMPANY LTD. AND ANR.

2007 INSC 35630 March 2007Appeal(s) allowed

The appellant, a married daughter of a deceased motor‑vehicle accident victim, filed a claim petition under Section 140(2) of the Motor Vehicles Act, 1988. The insurer contended that she was not entitled to compensation because she was not financially dependent on her father. The Motor Accident Claims Tribunal dismisse

K. KALIMUTHUversusSTATE BY D.S.P.

2005 INSC 16530 March 2005Disposed off

The appellants, who were public servants, were charged with offences under the IPC and the Prevention of Corruption Act and contended that the Special Judge could not take cognizance without the prior sanction required by Section 197 of the Code of Criminal Procedure, 1973. The High Court held that the appellants had f

RAN SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

2008 INSC 12130 January 2008Case Partly allowed

A complaint under IPC sections 498A, 406, 323, 506, 148 and 149 alleged dowry harassment by the husband, his parents, brother and sister‑in‑law. The Additional Sessions Judge held that only the husband could be prosecuted, finding no material against the other accused. The Punjab and Haryana High Court reversed this in

VENU @ VENUGOPAL AND ORSversusSTATE OF KARNATAKA

2008 INSC 12230 January 2008Dismissed

The appellants Venu @ Venugopal and others were convicted for robbery on a highway between sunset and sunrise, having threatened victims with a knife and seized jewellery and a scooter. The trial court convicted them under Section 395 IPC, but the Karnataka High Court altered the conviction to Section 392 IPC and uphel

KRISHI UTPADAN MANDI SAMITI, ACHANERA AND ANR.versusVINOD KUMAR

2008 INSC 12330 January 2008Disposed off

Vinod Kumar, a workman, challenged the termination of his services and the award of the Labour Court before the Allahabad High Court via a writ petition under Article 226 of the Constitution. The High Court listed the matter on 27‑08‑2003, reserved judgment on that day, and purportedly delivered its judgment on 19‑12‑2

DIDIGAM BIKSHAPATHI & ANR.versusSTATE OF AP.

2007 INSC 120529 November 2007Dismissed

The deceased, Budida Krishnamurthy, committed suicide after alleged harassment and financial disputes with the appellants, Didigam Bikshapathi and others. In his suicide note he implicated the appellants, leading to charges of abetment of suicide under Section 306 IPC. The appellants filed a petition under Section 482

ACCOUNTANT GENERAL OF ORISSA AND ANR.versusR. RAMAMURTHY AND ANR.

2006 INSC 92229 November 2006Dismissed

The appellants challenged a High Court judgment that interpreted Rule 37A of the Central Civil Services (Pension) Rules, 1972 regarding the calculation of restored pension for employees who had commuted a portion of their pension. The High Court had held that the pro‑rata commuted portion must be deducted from the basi

M/S TRANSCOREversusUNION OF INDIA AND ANR.

2006 INSC 92429 November 2006Disposed off

The Supreme Court examined whether a bank, having filed an original application before the Debt Recovery Tribunal (DRT) for recovery of dues, must withdraw that application before invoking the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (NPA Act). It held that th

STATE OF MADHYA PRADESHversusDHARKOLE @ GOVIND SINGH AND ORS.

2004 INSC 62729 October 2004Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court acquittal of three accused who were convicted by the trial court for murder and related offences under Sections 302, 149, 148 and 147 of the IPC. The High Court had set aside the conviction on the ground that medical evidence suggested the weapon (gupti) was not sharp e

BALWANT SINGH AND ORS.versusSTATE OF H.P.

2008 INSC 110029 September 2008Disposed off

The Supreme Court examined an appeal by Balwant Singh and others against their convictions under Sections 498A, 304B and 306 of the IPC for the death of Renu Bala. The Court clarified that Sections 304B (dowry death) and 498A (cruelty) are distinct offences; cruelty as defined in the Explanation to 498A must be proved

STATE OF HIMACHAL PRADESHversusMANOJ KUMAR @ CHHOTU

2008 INSC 110129 September 2008Case Partly allowed

The State of Himachal Pradesh appealed the acquittal of Manoj Kumar, who was charged with rape, assault and criminal intimidation under Sections 376, 506 and 511 IPC. The trial court acquitted him on the basis of benefit of doubt, but the State sought leave to appeal under Section 378(3) of the Criminal Procedure Code.

BABY MANJI YAMADAversusUNION OF INDIA & ANR.

2008 INSC 110229 September 2008Disposed off

The Supreme Court considered a writ petition filed by the grandmother of a surrogate child, Baby Manji Yamada, challenging directions of the Rajasthan High Court that dealt with the custody and production of the child. The child was born to a surrogate mother in Gujarat to Japanese biological parents who had entered in

STATE OF PUNJAB AND ANR.versusASHWANI KUMAR AND ORS.

2008 INSC 110329 September 2008Appeal(s) allowed

The Supreme Court considered an appeal by the State of Punjab against a Punjab and Haryana High Court decision that had held ad‑hoc service of clerks should be counted for seniority. The respondents had been initially appointed on an ad‑hoc basis between 1978‑1987 and later regularized. The issue was whether Rule 8 of

UNION OF INDIA AND ORS.versusM/S DHARAMENDRA TEXTILE PROCESSORS AND ORS.

2008 INSC 109829 September 2008Disposed off

The Supreme Court examined whether Section 11AC of the Central Excise Act, 1944 imposes a mandatory penalty for short levy or non‑levy of duty and whether mens rea is an essential element. The Court held that the provision creates a civil liability for breach of a statutory obligation and the penalty is mandatory, leav

THE MANAGEMENT OF NATIONAL SEEDS CORPORATION LTD.versusK.V. RAMA REDDY

2006 INSC 66829 September 2006Appeal(s) allowed

The respondent, an Assistant Grade II officer of National Seeds Corporation, was charged with misappropriating Rs 63.67 lakhs and faced departmental proceedings under the Corporation's Conduct, Discipline and Appeal Rules, 1992. He sought to be assisted by a retired employee and later by a legal practitioner, but his r

ASSOCIATED CEMENT COMPANIES LTD.versusSTATE OF BIHAR AND ORS.

2004 INSC 56229 September 2004Appeal(s) allowed

Associated Cement Companies Ltd., a cement manufacturer, was granted sales‑tax exemption on incremental production under Bihar's 1995 Industrial Policy (effective 1‑Apr‑1998 to 31‑Mar‑2007). The company had been adjusting entry tax paid under the Bihar Entry of Goods into Local Areas Act, 1993, against its sales‑tax li

STATE OF PUNJABversusRAKESH KUMAR

2008 INSC 99729 August 2008Case Partly allowed

The accused, Rakesh Kumar, was convicted under Sections 366 and 376 of the Indian Penal Code for kidnapping and rape of a girl who was under sixteen years of age. The trial court sentenced him to three years rigorous imprisonment for the kidnapping and seven years for the rape; the Punjab and Haryana High Court reduced

HARI SINGH GONDversusSTATE OF M.P.

2008 INSC 99829 August 2008Dismissed

Hari Singh Gond was convicted of murder and related offences for beating his father‑in‑law, Harilal Gond, and setting fire to the house, resulting in the victim's death. The appellant claimed protection under Section 84 of the Indian Penal Code, asserting that he was of unsound mind at the time of the offence. The Supr

CORPORATION OF KOCHIversusELAMKULAM VILLAGE CO-OPERATIVE SOCIETY LTD. AND ANR.

2006 INSC 56529 August 2006Appeal(s) allowed

The Elamkulam Village Co-operative Society Ltd operated a private market under a licence issued by the Corporation of Kochi. It failed to renew the licence for the year 1997-98 and submitted a belated renewal application in August 1998 for both 1997-98 and 1998-99, which the Corporation rejected. The Society challenged

POPAT AND KOTECHA PROPERTYversusSTATE BANK OF INDIA STAFF ASSOCIATION

2005 INSC 38729 August 2005Appeal(s) allowed

The appellant and the respondent entered into a 1983 agreement for the appellant to develop the respondent's property, with the respondent to execute a lease deed after construction, which was never done. The appellant filed a suit in 1990 seeking declaration of title, specific performance, damages and other reliefs. T

NASIRUDOIN KHAN AND ORS.versusSTATE OF BIHAR

2008 INSC 87329 July 2008Disposed off

The appellants attacked an informant and his brothers with weapons over a land dispute, causing injuries that led to a police complaint. They claimed they acted in private defence, but the trial court convicted one appellant under IPC Section 304 Part I (culpable homicide not amounting to murder) and the other two unde

KERALA STATE ELECTRICITY BOARDversusC.P. SIVASANKARA MENON

2008 INSC 87429 July 2008Appeal(s) allowed

The Kerala State Electricity Board (KSEB) cut several fruit‑bearing trees, including rubber, coconut, pepper vines, and mango trees, to lay a 220 kV transmission line. The landowners claimed compensation for loss of yield, future age of the trees, and interest, contending that the High Court's award was based on an inc

NUNE PRASAD AND ORS.versusNUNE RAMAKRISHNA

2008 INSC 87529 July 2008Disposed off

The appellant-plaintiffs Nune Prasad & Ors filed a suit asserting ownership of a property. The trial court and the first appellate court upheld their claim. The defendant filed a second appeal under Section 100 of the Code of Civil Procedure before the High Court, which set aside the lower judgments without formulating

UNION OF INDIA AND ORS.versusNARENDER SINGH

2005 INSC 32329 July 2005Appeal(s) allowed

NARENDER SINGH, a customs vigilance officer, was dismissed for allegedly accepting illegal gratification to clear Afghan nationals through customs. After his appeal was rejected, the Central Administrative Tribunal quashed the dismissal and ordered his reinstatement. The Union of India challenged the Tribunal's order b

COMMISSIONER OF CENTRAL EXCISE,CHANDIGARHversusM/S. PEPSI FOODS LTD.

2007 INSC 66829 May 2007Case Partly allowed

The appellant, Commissioner of Central Excise, Chandigarh, issued a show‑cause notice in 2000 alleging that Pepsi Foods Ltd had evaded excise duty on sales tax collected. Pepsi had earlier claimed a sales‑tax exemption which was rejected, paid excise duty on a reduced price, and later, while the exemption claim was pen

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusINDERJIT SINGH

2007 INSC 66929 May 2007Appeal(s) allowed

The workman, Inderjit Singh, claimed that he had been continuously employed as a carpenter by the Punjab State Electricity Board from 31 March 1993 until his termination on 30 April 1997 and sought reinstatement with back wages. The Labour Court held in his favour, directing reinstatement and 50% back wages, a decision

DAUNA DEVIversusSTATE OF BIHAR

2009 INSC 63829 April 2009Appeal(s) allowed

The appellant Dauna Devi was convicted along with another accused for murder and concealment of body under Sections 302 read with 34 and 201 IPC, based solely on circumstantial evidence that the dead child's body was recovered from a house allegedly belonging to the accused. The prosecution alleged that the appellant h

TIPPARAM PRABHAKARversusTHE STATE OF ANDHRA PRADESH

2009 INSC 63929 April 2009Appeal(s) allowed

The appellant A2 and two others were charged with murder under Section 302 read with Section 34 of the IPC for the death of Damera Shiva Kumar. The prosecution relied on the "last‑seen" theory, stating that A2 and A3 had taken the deceased on a motorcycle shortly before the body was found, and on the discovery of the a

STATE OF U.P.versusHARI CHAND

2009 INSC 64029 April 2009Appeal(s) allowed

The State of Uttar Pradesh prosecuted Hari Chand and Jautam alias Andhi for murder under IPC s.302, alleging they caught the victim, Mool Chand, and shot him at close range. The trial court convicted them based on the consistent testimony of three eye‑witnesses and corroborating medical evidence of four firearm wounds.

STATE OF RAJASTHANversusJAGDISH PRASAD

2009 INSC 64229 April 2009Appeal(s) allowed

Jagdish Prasad was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced by the trial court to six months' rigorous imprisonment, the minimum punishment prescribed. The Rajasthan High Court commuted the sentence to a fine of Rs.6,000 and directed the appropriate Government to

HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR.versusSATISH HANS

2009 INSC 64329 April 2009Appeal(s) allowed

The dispute involved a shop allottee who had paid Rs.82,000 and Rs.207,000 for a plot purchased at auction in 1993, but the developer (HUDA) resumed the plot due to non‑payment of further installments. The allottee filed a complaint under Section 12 of the Consumer Protection Act, 1986, before the District Consumer Dis

LAXMINARASAMMAversusA. YADAIAH (DEAD) & ORS.

2009 INSC 64429 April 2009Disposed off

The Supreme Court examined an appeal arising under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, where a Special Court had held that certain land belonged to a temple and that the respondent, a temple priest, could not be evicted. The key question was whether the Special Court, a tribunal created under the

GEORGE PON PAULversusKANAGALET & ORS.

2009 INSC 64529 April 2009Disposed off

The appellant was convicted under Sections 326 and 452 of the Indian Penal Code for trespassing into a house and causing grievous hurt with a dangerous weapon. The trial court sentenced him to confinement till the rising of the court and a fine; the Madras High Court enhanced the custodial term to two years of rigorous

NATIONAL ALUMINIUM CO. LTD. & ANR.versusG.C. KANUNGO

2009 INSC 64629 April 2009Appeal(s) allowed

National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of court. The appellan

AHMED ALI & ORS.versusSTATE OF TRIPURA

2009 INSC 64729 April 2009Case Partly allowed

Four accused were tried for offences under the Indian Penal Code, with the trial court convicting two of them under s.324 r/w s.34 and the other two under s.304(II) r/w s.34. The High Court altered the convictions, sentencing Ahmed Ali and Suraj Ali under s.334 r/w s.34 to one year imprisonment each, and Mamud Ali and

COMISSIONER OF CUSTOMS (IMPORTS) BOMBAYversusM/S. HICO ENTERPRISES

2008 INSC 53729 April 2008Dismissed

The Commissioner of Customs (Import) issued a show‑cause notice to M/s Hico Enterprises demanding recovery of duty on the basis of alleged contravention of conditions of Notification No. 203/92‑Cus relating to a Transferable Value Based Advance Licence (VABAL) that the appellant had purchased from the original licence

SHRI RAM CHANDRA MISSION & ANR.versusP. RAJAGOPALACHARI & ORS.

2008 INSC 55129 April 2008Disposed off

The dispute concerned the spiritual heirship and control of the Shri Ram Chandra Mission, a religious society, after the death of its founder. Members of the society filed a suit seeking an ex‑parte injunction restraining P. Rajagopalachari from acting as President, which was later set aside by the High Court and the s

KULDIP SINGHversusUNION OF INDIA

2002 INSC 23929 April 2002Directions issued

Former judge Kuldip Singh filed a writ petition under Article 32 challenging the lower pension granted to judges appointed directly from the Bar, contending that the Constitution provides no quota for such appointments and that pension benefits should be uniform with those appointed from the judicial services. The peti

ASHOKA KUMAR THAKURversusUNION OF INDIA AND ORS

2007 INSC 34629 March 2007Case Allowed

The petitioners challenged the Central Educational Institutions (Reservation in Admission) Act, 2006, specifically the 27% reservation for Other Backward Classes (OBCs) under Section 6, arguing that the Act was based on unreliable data, ignored the creamy‑layer principle, and violated Articles 14, 15(4), 15(5) and 16(4

MARUTI UDYOG LTD.versusSUSHEEL KUMAR GABGOTRA AND ANR.

2006 INSC 18729 March 2006Appeal(s) allowed

The consumer purchased a Maruti car that developed a clutch defect within the warranty period. Despite multiple attempts, the company and its authorized dealer failed to rectify the defect. The consumer filed a complaint under Section 17 of the J&K Consumer Protection Act, 1988 seeking a refund of the purchase price an

NEW INDIA ASSURANCE CO. LTD.versusCHARLIE AND ANR.

2005 INSC 16429 March 2005Appeal(s) allowed

The appellant insurer challenged a Kerala High Court order that awarded compensation to the claimant, who suffered a 100% permanent disability in a motor accident. The dispute centered on the appropriate deduction for personal expenditure and the multiplier to be applied in computing the lump‑sum award. The Supreme Cou

BECHAARBHAI S. PRAJAPATIversusSTATE OF GUJARAT

2008 INSC 27329 February 2008Disposed off

Bechaarbhai S. Prajapati, a police sub‑inspector, stopped a luxury bus carrying a marriage party and demanded payment for the release of the bus documents. The Anti‑Corruption Bureau arranged a trap using anthracene‑powder‑marked currency notes, which the officer accepted and concealed in his trouser pocket. The marked

RAVI PRAKASH AGARWAL & ORS.versusRAJESH PRASAD AGARWAL & ORS.

2008 INSC 27429 February 2008Disposed off

The appellants filed suit No. 445 of 1999 seeking a declaration that a sale deed executed by respondent No.1 in favour of respondent No.3 was void and permanent injunctions to prevent dispossession, sale or letting of the disputed property. The trial court granted an ex‑parte injunction, which was affirmed by the Divis

NATIONAL INSURANCE CO. LTD.versusPREMA DEVI & ORS.

2008 INSC 27529 February 2008Case Allowed

The claimant, a gratuitous passenger, was injured in an accident on 1 June 1996 while traveling in a goods carriage. The owner of the vehicle had not taken an insurance policy covering such passengers, and the insurer (National Insurance Co.) argued it was not liable for compensation. The Supreme Court examined the def

HARI PRASAD BHUYANversusDURGA PRASAD BHUYAN AND ORS.

2008 INSC 11429 January 2008Case Allowed

The appellant sought to set aside an abatement and substitute the legal heirs of two deceased respondents in a decree, filing the application under Section 152 CPC after learning of the deaths on 26 June 2003. The High Court rejected the application, declaring the decree a nullity on the ground of the respondents' deat

M/S. K.C.C. SOFTWARE LTD. AND ORS.versusDIRECTOR OF INCOME TAX (INV.) AND ORS.

2008 INSC 11529 January 2008Dismissed

The Income Tax authorities conducted a search and seizure at the premises of M/s K.C.C. Software Ltd., seizing jewellery, cash and fixed‑deposit receipts and restraining five bank accounts under sections 132(3) and 132(8) of the Income‑Tax Act, 1961. The appellants filed writ petitions seeking release of the seized ass

M/S MARUTI CLEAN COAL & POWER LTD.versusB.L. WADHERA & ORS.

2008 INSC 11629 January 2008Disposed off

The Supreme Court was approached by M/s Maruti Clean Coal & Power Ltd. seeking transfer of several writ petitions, writ appeals and civil suits pending before the Chhattisgarh High Court and lower courts, and by the respondents challenging the transfer. The petitioners argued that the multitude of proceedings were bein

GURRAM CHAKRAVARTHYversusSTATE OF A.P.

2008 INSC 135628 November 2008Disposed off

Gurram Chakravarthy was convicted under Section 304(8) of the Indian Penal Code and sentenced to seven years' rigorous imprisonment and a fine. The High Court upheld the conviction, but the Supreme Court observed that the High Court had not examined the defence witnesses who were called to rebut the presumption created

STATE OF TAMIL NADUversusMANMATHARAJ

2008 INSC 135728 November 2008Dismissed

The State of Tamil Nadu appealed the acquittal of Manmatharaj, who had been convicted by the trial court for murder and for causing the disappearance of evidence under Sections 302 and 201 of the IPC, based primarily on an extra‑judicial confession recorded by the Village Administrative Officer (PW‑1). The Madras High

SONTI RAMA KRISHNAversusSONTI SHANTI SREE AND ANR.

2008 INSC 135828 November 2008Dismissed

The appellant, Sonti Rama Krishna, filed a complaint alleging that his son, Venkateswara Rao, had been insulted by his wife, Sonti Shanti Sree, after their arranged marriage, and that the insult drove the son to commit suicide. The police registered a case under Section 306 of the IPC for abetment of suicide, but the A

BHUVANESHWAR YADAVversusSTATE OF BIHAR AND ORS.

2008 INSC 135928 November 2008Appeal(s) allowed

The Supreme Court examined an appeal against a Patna High Court order that granted bail to two accused convicted of murder (IPC s.302) and illegal possession of arms (Arms Act s.27) without providing any reasons. The High Court had earlier rejected bail applications, later allowing the petitioners to renew the bail ple

STATE OF HARYANAversusSURJIT SINGH

2008 INSC 136028 November 2008Appeal(s) allowed

The respondent, Surjit Singh, was convicted under Section 7 of the Prevention of Corruption Act, 1988 and acquitted under Section 13(2). The State of Haryana sought leave to appeal the acquittal under Section 378(3) of the Code of Criminal Procedure, but the Punjab and Haryana High Court dismissed the application witho

AMBIKA MANDALversusTHE STATE OF BIHAR (NOW JHARKHAND)

2008 INSC 136128 November 2008Disposed off

Ambika Mandal was convicted under IPC sections 304‑C and 306 and under the Dowry Prohibition Act for dowry‑related offences. She appealed the conviction, but the appeal was transferred from the Patna High Court to the Jharkhand High Court after the reorganisation of states. The appellant received no notice of the trans

SHIVNATH PRASADversusTHE STATE OF BIHAR

2008 INSC 136228 November 2008Disposed off

Shivnath Prasad was convicted under Sections 279 and 304A of the Indian Penal Code by the trial court and the appellate court. He filed a revision petition in the Patna High Court, which was dismissed by a cryptic order without addressing his contentions that key evidence – the doctor, the informant, and the post‑morte

YADVENDRA ARYA AND ANR.versusMUKESH KUMAR GUPTA

2007 INSC 119628 November 2007Dismissed

The landlord, an unemployed graduate, filed an application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking release of a shop he let to tenants so that he could start his own electrical goods business, claiming a bona‑fide need. The prescribed aut

SPECIAL DEPUTY COLLECTOR (L.A.)versusN. VASUDEVRAO AND ORS.

2007 INSC 119728 November 2007Disposed off

The case concerned about 24.82 acres of government land that had been assigned to respondents on pattas, which the authorities later attempted to resume without paying the ex‑gratia stipulated in GO No.1307. The respondents filed writ petitions and, after a single High Court judge ordered them to make representations,

PERSONAL MANAGER, SBI & ANR.versusKRISHNA GRAMEENA BANK EMPLOYEES UNION & ANR.

2007 INSC 119828 November 2007Appeal(s) allowed

The Supreme Court examined a dispute over the special allowance payable to "cashier in charge of cash" in Regional Rural Banks (RRBs). The National Industrial Tribunal had awarded parity with sponsor banks but did not base its decision on functional equivalence or the doctrine of equal pay for equal work. The Court hel

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S KHANNA INDUSTRIES AND ORS.

2006 INSC 91728 November 2006Case Partly allowed

The respondents, manufacturers of brass sanitary fittings, used the stylised brand name "ARK" belonging to Mis Arkson Pvt Ltd, a trader, while claiming exemption under Notification No. 175/86-CE for small scale units. The Revenue argued that the exemption was unavailable because the brand name of another person, not el

BALDEV SINGHversusUNION OF INDIA AND ORS.

2005 INSC 54328 October 2005Dismissed

Baldev Singh, an Indian Army officer enrolled in 1978, was arrested in 1987 and convicted under Sections 302, 34 and 452 of the IPC, leading to his dismissal in 1990. The High Court acquitted him in 1992, after which he claimed reinstatement, arrears of pay for the custody period (March 1987‑September 1993) and pension

GURIYA@TABASSUM TAUQUIR AND ORS.versusSTATE OF BIHAR AND ANR.

2007 INSC 98428 September 2007Appeal(s) allowed

The case arose from an FIR in which three persons were arraigned as accused, while the appellants were not. Witnesses 1‑3 only testified to the appellants' presence, without attributing any specific role, and after the prosecution evidence was closed, two additional witnesses (4 and 5) were examined under s.311 CrPC. T

BHAGWAN BAHADUREversusSTATE OF MAHARASHTRA

2007 INSC 98528 September 2007Case Partly allowed

The appellant Bhagwan Bahadure was convicted by the trial court and the Bombay High Court for murder (s.302 IPC) after allegedly striking the deceased Kachrabai on the head with a stick, causing injuries that led to her death. The appellant challenged the conviction on two grounds: that the key eyewitnesses (the victim

STATE OF PUNJABversusMOHINDER SINGH AND ORS.

2007 INSC 98628 September 2007Appeal(s) allowed

The State of Punjab prosecuted Mohinder Singh and others for the murder of Dalip Singh, alleging they used sharp weapons during a land dispute. The trial court convicted one accused under Section 302 IPC and the others under Section 302 read with Section 34, rejecting the defence that the FIR was delayed, the injuries

K. SUBBA REDDYversusSTATE OF ANDHRA PRADESH

2007 INSC 98728 September 2007Appeal(s) allowed

The case involved an Excise Sub‑Inspector (A‑1) who demanded a bribe from shop owner K. Subba Reddy (PW‑1) to release sealed stock and a stock register. PW‑1 paid the demanded amount to a Home Guard (A‑2), who kept the money in his pocket and was later found with the cash, which tested positive for the phenolphthalein

KARAN SINGHversusM/S EXECUTIVE ENGINEER HARYANA STATE MARKETING BOARD

2007 INSC 98828 September 2007Appeal(s) allowed

Karan Singh, a former DPL of the Haryana State Marketing Board, was terminated in October 1994 without due process, allegedly violating Section 25F of the Industrial Disputes Act, 1947. He filed a claim six years later, in 2000, seeking reinstatement and back wages. The State Government referred the dispute to the Labo

ICI INDIA LTD. AND ANR.versusSTATE OF ORISSA AND ORS.

2007 INSC 98928 September 2007

ICI India Ltd purchased ammonium nitrate liquor for making "Bulk Premix" at its Rourkela plant and declared in Form IV to obtain a concessional tax rate of 4% under the Orissa Sales Tax Act, 1947. The bulk premix, an intermediate product, was not sold but transferred to the company's other units in Orissa and outside t

MORADABAD DEVELOPMENT AUTHORITYversusSAURABH JAIN AND ORS.

2007 INSC 99028 September 2007Disposed off

The Moradabad Development Authority (MDA) appealed a High Court order that directed it to return surplus land to respondents Saurabh Jain and others and to pay compensation. The land had been declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 in 1977, but a 1998 revision by the State Government he

U.B. GADHE AND ORS. ETC. ETCversusG.M. GUJARAT AMBUJA CEMENT PVT. LTD.

2007 INSC 99128 September 2007Disposed off

The employer, a public utility, dismissed eight workmen after they participated in a five‑month illegal strike. The Labour Court held the strike unlawful, set aside the dismissals and ordered reinstatement without back wages. The Gujarat High Court reversed that award, holding that once the misconduct was proved the La

THE SECRETARY, WEST BENGAL COUNCIL OF HIGHER SECONDARY EDUCATIONversusAYAN DAS AND ORS.

2007 INSC 99228 September 2007Appeal(s) allowed

The appellant, West Bengal Council of Higher Secondary Education, appealed against a High Court order directing re‑assessment of the answer script of respondent Ayan Das in English Paper‑I of the 2004 Madhyamik examination. The respondent had obtained a fresh marksheet after the court ordered inspection of his answer s

RAM AVTAR PATWARI AND ORS.versusSTATE OF HARYANAAND ORS.

2007 INSC 99328 September 2007Disposed off

The Subordinate Services Board advertised 1,248 Patwari posts but selected 2,395 candidates, allocating 25% of marks to interview performance and 10 marks to handwriting, allegedly exceeding the limits set in Satpal Singh's case. Petitioners challenged the selection on grounds of undue weightage to viva voce, political

LAGAN JUTE MACHINERIES COMP ANY LIMITEDversusCANDLEWOOD HOLDINGS LTD. AND ORS.

2007 INSC 99428 September 2007Dismissed

Lagan Jute Machineries Co. Ltd. (appellant) was the lessee of premises owned by Candlewood Holdings Ltd. (respondent). After the lease expired, an eviction suit led to a consent decree in which the lessee undertook to pay the municipal commercial surcharge on consolidated rates as determined by the Calcutta Municipal C

U.P. STATE ROAD TRANSPORT CORPORATIONversusSHRJ BIRENDRA BHANDARI

2006 INSC 66328 September 2006

The respondent filed a claim under Section 33C(2) of the Industrial Disputes Act, 1947 seeking arrears of salary, leave encashment and dearness allowance arising from the 5th Pay Commission recommendations. The Labour Court ordered payment, and the High Court upheld that order. On appeal, the Supreme Court held that Se

GANGADHAR JANARDAN MHATREversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 55628 September 2004Dismissed

The appellant, Gangadhar Janardan Mhatre, filed a writ petition under Article 226 seeking transfer of the investigation of a FIR in which his brother was allegedly killed. The High Court dismissed the petition, holding that the case was already before the Sessions Court and that the writ was not the appropriate remedy.

STATE OF U.P.versusMUNSHI

2008 INSC 98928 August 2008Appeal(s) allowed

The trial court convicted two accused under Sections 363, 366 and 376 of the Indian Penal Code for raping a girl aged about 17 years. The Allahabad High Court set aside the conviction, acquitting the accused on the basis that the girl was a consenting adult and that there was no reliable evidence of kidnapping or rape.

STATE OF U.P.versusRAJA @ JALIL

2008 INSC 98728 August 2008Dismissed

The State of Uttar Pradesh alleged that the accused, Raja (also known as Jalil), abducted an 11‑year‑old girl, attempted to rape her and subsequently killed her. The trial court convicted him under IPC sections 302, 376 and 511, relying on circumstantial evidence and an alleged extra‑judicial confession, and imposed th

STATE OF H.P.versusSURESH KUMAR @ CHHOTU

2008 INSC 98428 August 2008Dismissed

The trial court convicted Suresh Kumar (Chhotu) under Sections 363, 366, 368 and 376 of the IPC for kidnapping and rape of a girl, sentencing him to seven years' rigorous imprisonment. On appeal, the Himachal Pradesh High Court acquitted him, holding that the victim was over sixteen years of age and had accompanied the

STATE OF M.P.versusMUNNIBAI & ANR.

2008 INSC 98528 August 2008Dismissed

The State of Madhya Pradesh charged Munni Bai and others with murder and culpable homicide by poisoning under Sections 302, 328 and 34 of the Indian Penal Code. The trial court convicted them based largely on the testimony of Munni Bai, who claimed the poison was mixed in a halua she had tasted. On appeal, the High Cou

GANESH BANK KURUNDWAD LTD. AND ORS.versusTHE UNION OF INDIA AND ORS.

2006 INSC 56028 August 2006Dismissed

Ganesh Bank, Kurundwad Ltd. incurred large losses in 2004‑05 and the Reserve Bank of India (RBI) imposed a three‑month moratorium on 7 January 2006 under section 45 of the Banking Regulation Act, 1950, appointing two of its own directors to the bank’s board. The RBI then proposed, and the Central Government sanctioned,

LACHMAN SINGHversusSTATE OF HARYANA

2006 INSC 47628 July 2006Case Partly allowed

A dispute over water flow escalated into a roof‑side gunfight in which Lachman Singh, Dev Singh and Randhir Singh fired a revolver, killing Naib Singh and injuring several others. The trial court convicted all three under Section 302 IPC, Section 307 IPC with Section 34, and under the Arms Act. On appeal, the Supreme C

UTTARANCHAL ROAD TRANSPORT CORPN. AND ORS.versusMANSARAM NAINWAL

2006 INSC 47728 July 2006Appeal(s) allowed

Mansaram Nainwal, a bus driver of Uttaranchal Road Transport Corporation, was dismissed after a departmental inquiry found him guilty of rash driving that caused a fatal accident. The Labour Court upheld the dismissal, but he was acquitted in the parallel criminal trial. The High Court, relying on Capt. M. Paul Anthony

STA TE OF UTTAR PRADESH AND ANR.versusSHIV NARAIN UPADHYAYA

2005 INSC 31828 July 2005Appeal(s) allowed

The State of Uttar Pradesh appealed a High Court order that held the employee Shivnarain Upadhyaya's date of birth to be 1‑Sept‑1939, based on school records, and ordered him to refund salary paid after his superannuation. The Supreme Court examined the service book, which showed the date of birth as 1‑Sept‑1930, a rec

BYVARAPU RAJUversusSTATE OF ANDHRA PRADESH AND ANR.

2007 INSC 66728 May 2007Case Partly allowed

The appellant Byvarapu Raju and his mother were convicted for the death of the appellant's father under Sections 302 and 201 IPC. The appellant contended that the killing occurred during a sudden quarrel and should fall under Exception 4 to Section 300, reducing the offence to culpable homicide not amounting to murder.

KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI

2009 INSC 62928 April 2009Appeal(s) allowed

The workman, a daily‑wage employee of Krishna Bhagya Jala Nigam Ltd., claimed that his termination in 1996 violated Section 25‑F of the Industrial Disputes Act, 1947, and sought reinstatement with back wages. The Labour Court held the termination illegal and ordered reinstatement, but the employer challenged the award

R.R. PILLAI (DEAD) THROUGH LRS.versusCOMMANDING OFFICER HQ S.A.C. (U) AND ORS.

2009 INSC 62628 April 2009Disposed off

The case concerned the legal status of R.R. Pillai, a former Air Force junior warrant officer who, after retirement, was appointed manager of a Unit‑Run Canteen (URC) of the Southern Air Command and paid an honorarium under the Rules regulating civilian employees of Air Force URCs funded from non‑public funds. The issu

STATE OF PUNJABversusNIRMAL KAUR

2009 INSC 63128 April 2009Dismissed

Nirmal Kaur, who operated a coaching centre, was charged under several IPC offences and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The trial court framed charges under the Act, but the High Court quashed them, holding that she was not a public servant. The State appealed,

UNION OF INDIA AND ORS.versusM/S. GREEN ALLOYS P. LTD.

2009 INSC 63228 April 2009Case Partly allowed

The Union of India filed a civil appeal against M/s Green Alloys Ltd. challenging a Punjab & Haryana High Court order that allowed the release of raw material seized under the Central Excise authorities on the sole condition of an undertaking to pay duty, without requiring cash security or a bank guarantee. The dispute

STATE OF GUJARAT AND ANR.versusRAMESHCHANDRA SHIVRATAN KOSAR AND ANR. ETC.

2009 INSC 63328 April 2009Appeal(s) allowed

The State of Gujarat filed complaints alleging that respondents had stored and sold food articles adulterated with saccharin, violating Sections 7(1), 7(5) and 16 of the Prevention of Food Adulteration Act, 1954. The respondents moved the Gujarat High Court under Section 482 of the Code of Criminal Procedure, 1973 to q

TUTUL KUMAR! SENversusSTATE OF JHARKHAND & ANR.

2009 INSC 63428 April 2009Disposed off

The appellant, an informant, lodged an FIR alleging that the respondent had raped her, invoking Sections 376 and 493 of the IPC. The respondent filed an application for discharge under Section 227 of the CrPC, contending that the informant's age was misstated and therefore no offence was made out. The trial court rejec

STATE OF RAJASTHANversusDAUL@ DAULAT GIRI

2009 INSC 63728 April 2009Appeal(s) allowed

The State of Rajasthan charged Daul @ Daulat Giri under Sections 8 and 18 of the NDPS Act for possession of about 6 kg of opium. During the seizure, samples were taken, sealed, and passed through a chain of custody involving the SHO, the Malkhana in‑charge, a police officer (PW5) and a person identified as 'J' (Jamnala

GURMEJ SINGHversusSTATE OF PUNJAB & ANR.

2009 INSC 62728 April 2009Appeal(s) allowed

The appellant, Gurmej Singh, a police officer who was a deemed witness in a criminal trial, challenged a High Court order directing the State to prosecute him without giving him any notice. The Supreme Court held that such directions violated the principles of natural justice, particularly the rules of audi alteram par

BATAKRUSHNA PARIDAversusSTATE OF ORISSA

2009 INSC 63528 April 2009Dismissed

The case arose from a long-standing rivalry between two hamlets of Saruali village. On 2 November 1982, members of the Parida hamlet, armed with lathis and guns, entered the Dehury hamlet. Batakrushna Parida fired a shot that killed Sahadev Dehury and injured others. The trial court convicted Batakrushna under Section

MAL SINGHversusSTATE OF M.P.

2009 INSC 63628 April 2009Dismissed

The case concerns the murder of Jogadia and injuries to his wife Thavlibai and son Thakur Singh in Madhya Pradesh. The trial court convicted Mal Singh, Lal Singh and Juansingh under sections 302, 307 and 323 read with section 34 of the IPC, while acquitting Nanki Bai. On appeal, the High Court altered the convictions,

DINESH M.N. (S.P.)versusSTATE OF GUJARAT

2008 INSC 53228 April 2008Dismissed

The appellant, a senior IPS officer of Rajasthan, was arrested in connection with the alleged fake encounter killings of Sohrabuddin and his wife. The trial court granted him regular bail under Section 439 of the Cr.P.C., relying on the accused's clean service record and the alleged criminal antecedents of the victim.

DR. NARENDRA K AMINversusSTATE OF GUJARAT AND ANR.

2008 INSC 53328 April 2008Dismissed

Dr. Narendra Kamin, accused in the Sohrabuddin fake‑encounter case and charged with several serious offences under the IPC and the Arms Act, was granted bail by the Additional City and Sessions Judge. The State of Gujarat filed an application under Section 439(2) of the Code of Criminal Procedure to cancel the bail, an

STATE OF HIMACHAL PRADESH AND ANR.versusRAVINDER SINGH

2008 INSC 41928 March 2008Case Partly allowed

The respondent, a daily‑wage worker in the Himachal Pradesh Horticulture Department, sought regularisation as a clerk after ten years of service. The State offered him regularisation as a "Chowkidar," which he refused, leading to termination of his daily‑wage engagement and an industrial dispute. The Labour Court dismi

T.N. GODAVARMAN THIRUMULPAD .versusUNION OF INDIA & ORS.

2008 INSC 41628 March 2008IA disposed

The Supreme Court examined the methodology for compensating diversion of forest land for non‑forest developmental projects under the Environment Protection Act, 1986. It accepted the recommendations of the Central Empowered Committee (CEC) that the user agency must pay a Net Present Value (NPV) based on ecological clas

NATIONAL THERMAL POWER CORPN.versusJAWAHAR LAL AND ANR.

2007 INSC 34428 March 2007Appeal(s) allowed

Jawahar Lal was engaged on a casual basis as a Survey Boy by National Thermal Power Corporation from 3 October 1977 until his termination on 15 February 1981. He claimed that his termination was illegal because the employer did not give prior notice, notice‑pay or retrenchment compensation, invoking Section 6N of the U

RISHI KUMAR GOVILversusMAQSOODAN AND ORS.

2007 INSC 34528 March 2007Dismissed

The landlady, Maqsoodan, purchased a shop and filed a release application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bonafide need to set up a firearms‑repair business for her son. The prescribed authority allowed eviction in 1986; the ap

PUNJAB & SIND BANKversusALLAHABAD BANK AND ANR.

2006 INSC 18328 March 2006Appeal(s) allowed

Respondent No. I (Allahabad Bank) instituted a suit against appellant Punjab & Sind Bank for recovery of a large sum. The appellant moved to dismiss the suit, contending that the Supreme Court's directives in the ONGC‑1 case required disputes involving the Government or its undertakings to be referred first to an in‑ho

BIJENDER SINGHversusSTATE OF HARYANA AND ANR.

2005 INSC 16028 March 2005Disposed off

An FIR was lodged for murder and related offences committed on 17‑11‑1999. The accused, aged 17 years and 8 months at the time, applied to be treated as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. The 1986 Juvenile Justice Act, then in force, defined a male juvenile as under 16, s

C.C.T. ORISSA & ORS.versusINDIAN EXPLOSIVES LTD.

2008 INSC 26828 February 2008Case Partly allowed

The appellant, C.C.T. Orissa & Ors., challenged a Supreme Court judgment that set aside a High Court order quashing a show‑cause notice issued to the respondent‑assessee, Indian Explosives Ltd., under the Orissa Sales Tax Act. The assessee, a registered dealer, had filed a consolidated return for AY 2000‑01 claiming ex

VIJAY KUMAR KARWAversusOFFICIAL LIQUIDATOR, ROHTAS INDS. LTD.

2008 INSC 26928 February 2008Disposed off

The appellant, representing the Bangar Group, sought to revive Rohtas Industries Ltd, a sick company, by offering to purchase its assets for Rs.65.51 crore and invest Rs.650 crore for revival. The Patna High Court initially directed a sale notice for the assets and disposed of the appellant's interim application withou

KARNATAKA POWER CORPORATION LTD. AND ANR.versusA.T. CHANDRASHEKAR

2007 INSC 23128 February 2007Appeal(s) allowed

The Karnataka Power Corporation Ltd. conducted an examination for Assistant Accounts Officers and, after allegations that the Chief Examiner had allowed some candidates to write the papers at his house and had performed "test checks" to add marks, sent the answer sheets of two candidates to Bangalore University for rev

SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.

2007 INSC 23228 February 2007Disposed off

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of Service) Act, 1976, bein

DINESH @ BUDDHAversusSTATE OF RAJASTHAN

2006 INSC 13028 February 2006Dismissed

An eight‑year‑old girl belonging to a Scheduled Caste was allegedly raped by Dinesh @ Buddha on the night of 5 February 1998. The trial court convicted him under IPC Section 376(2)(f) (rape of a child under 12) and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, sentencing him to life imprisonment an

SECRETARY TO THE GOVT. AND ANR.versusM. SENTHIL KUMAR

2005 INSC 11028 February 2005Appeal(s) allowed

The Tamil Nadu Service Recruitment Board reserved 10% of police constable posts for the children/wards of serving, retired, deceased or medically invalidated police personnel and ministerial staff. M. Senthil Kumar applied for a post but was rejected on the grounds of unsatisfactory performance, and the Central Adminis

KAMLAKAR BHIMRAO PATILversusMAHARASHTRA INDUSTRIAL DEV. CORPN.

2009 INSC 8028 January 2009Disposed off

The appellant, a director of M/s Everest Realtors Private Ltd., deposited money for land allotted by the Maharashtra Industrial Development Corporation (the Corporation) but the Corporation later sent a letter refusing to consider the allotment and returned the pay orders without giving any reason. The appellant filed

PARMANAND SINGHversusUNION OF INDIA AND ORS.

2009 INSC 8128 January 2009Disposed off

Parmanand Singh applied for the post of Extra Departmental Branch Post Master, but the Central Administrative Tribunal (CAT) rejected his claim on two grounds: alleged encumbrance of his land and his failure to produce original qualification certificates. The Patna High Court upheld the CAT's decision, dismissing his w

KISHANGIRI MANGALGIRI GOSWAMIversusSTATE OF GUJARAT

2009 INSC 8228 January 2009Case Partly allowed

The appellant, Kishangiri Mangalgiri Goswami, was convicted for abetment of suicide under s.306 IPC, cruelty and dowry harassment under s.498A IPC, and for dowry demand under s.3 of the Dowry Prohibition Act, based largely on letters he allegedly wrote demanding Rs.40,000. He appealed, arguing that the letters were uns

VAARIKUPPAL SRINIVASversusSTATE OF A.P.

2009 INSC 8328 January 2009Dismissed

The appellant, Vmrikuppal Srinivas, was convicted under Sections 498A and 3048 of the IPC for causing the death of his wife by acid. The conviction was based primarily on the victim's dying declaration recorded by a magistrate and an earlier statement to a police constable. On appeal, the appellant argued that the medi

NATIONAL TEXTILE CORPN. (DR & P) LTDversusBANK OF RAJASTHAN & ORS.

2008 INSC 10928 January 2008Disposed off

The case concerned the interpretation of the Sick Textile Undertakings (Nationalisation) Act, 1974, specifically whether interest accruing after the appointed date of 1 April 1974 on bank loans to a sick textile undertaking must be paid in priority over other liabilities. The appellant argued that the High Court had de

BIJOY DASversusSTATE OF WEST BENGAL

2008 INSC 11028 January 2008Dismissed

The appellant Bijoy Das was convicted under Section 302 IPC for shooting and causing the death of his step‑nephew Ajay Das, who died ten days after being wounded. While in hospital, the deceased gave a dying declaration to the attending doctor and to three witnesses, identifying the appellant as his assailant; his wife

COMMNR. OF CENTRAL EXCISE, BANGALOREversusSRIKUMAR AGENCIES ETC. ETC.

2008 INSC 135527 November 2008Disposed off

The Commissioner of Central Excise, Bangalore filed appeals challenging several orders of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) that had disposed of cases by merely relying on earlier judgments without a detailed examination of the facts. The central issue was whether the printing on packagi

UTTARANCHAL FOREST HOSPITAL TRUSTversusDINESH KUMAR

2007 INSC 118927 November 2007Appeal(s) allowed

The respondent, Dinesh Kumar, claimed that he was employed as a sweeper by the Uttaranchal Forest Hospital Trust from 1 July 1995 to 16 August 1996 and was terminated without notice or retrenchment allowance. He alleged that he had rendered more than 240 days of service in the year preceding his termination, invoking S

CHATURBHUJversusSITA BAI

2007 INSC 119027 November 2007Dismissed

The wife filed an application under Section 125 of the Criminal Procedure Code seeking maintenance, claiming she was unemployed and unable to maintain herself. The husband contended that she earned income from house rent and the sale of agricultural land and could therefore maintain herself. The trial court, after eval

CHIEF COMMISSIONER OF INCOME TAX AND ORS.versusSMT. SUSHEELA PRASAD AND ORS.

2007 INSC 119127 November 2007Appeal(s) allowed

The respondents, who were employed as data‑entry operators on a contract basis, filed an application before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunals Act, 1985, seeking regularisation of their services on the ground of long rendition of service. The CAT directed that the

NAVEEN CHANDRAversusSTATE OF UTTRANCHAL

2006 INSC 91627 November 2006Case Partly allowed

Naveen Chandra and his parents were convicted for the murder of three members of a rival family. The appellant claimed that the killings occurred in a sudden quarrel, were provoked, and were in self‑defence. The Supreme Court examined whether Exception 4 to Section 300 IPC (sudden fight) applied and whether the right o

BALLA RAM (DEAD) BY LRS. AND ORS.versusPHOOLA (DEAD) BY LRS. AND ORS.

2002 INSC 49627 November 2002Appeal(s) allowed

The case involved a second appeal filed by the heirs of Balla Ram against the heirs of Phoola. The Punjab and Haryana High Court dismissed the appeal summarily, stating “No merit”, without examining whether any substantial question of law existed between the parties as required by Section 100(3) of the Code of Civil Pr

KANHAIYALAL AND ORS.versusANUPKUMAR AND ORS.

2002 INSC 49727 November 2002Appeal(s) allowed

The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, challenging the Madhya Pradesh High Court's reversal of the trial and first appellate courts' findings of fact. The High Court failed to state any substantial question of law in its memorandum of appeal or judgment, yet entertained t

DINESH KUMARversusSTATE OF M.P.

2004 INSC 62427 October 2004Appeal(s) allowed

The appellant, a kirana shopkeeper in Madhya Pradesh, was prosecuted under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated besan that contained kesari dal. The trial court acquitted him, holding that the ash content was within permissible limits and the m

NARINDER SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 66127 September 2006Appeal(s) allowed

The appellants, Narinder Singh and others, filed a writ petition challenging the denial of grace marks under Rule 3.8 of the Police Training College Manual. They contended that the High Court dismissed their petition without considering several substantive pleas, including alleged procedural irregularities in their tra

CHANDIGARH ADMINISTRATION AND ORS.versusNAMIT KUMAR AND ORS.

2004 INSC 55527 September 2004Disposed off

The Supreme Court heard appeals by the Chandigarh Administration challenging several directions issued by the Punjab and Haryana High Court in a public‑interest litigation concerning air and noise pollution, traffic congestion and road safety. The High Court had treated the recommendations of a High‑Powered Committee a

STATE OF HIMACHAL PRADESHversusSARDARA SINGH

2008 INSC 98327 August 2008Appeal(s) allowed

Sardara Singh was acquitted by the trial court of offences under Section 15 of the NDPS Act. The State of Himachal Pradesh filed an application under Section 378(3) of the CrPC seeking leave to appeal the acquittal. The Himachal Pradesh High Court dismissed the application summarily with a one‑word order, "Dismissed",

UNITED BANK OF INDIAversusSIDHARTHA CHAKRABORTY

2007 INSC 87227 August 2007Disposed off

Sidhartha Chakraborty, a cash clerk of United Bank of India, was dismissed for alleged irregularities, with the dismissal order stating that an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was being filed because an industrial dispute was pending. Chakraborty challenged the dismissal before t

STATE OF MAHARASHTRAversusDATIATRAYA DIGAMBER BIRAJDAR

2007 INSC 87327 August 2007Appeal(s) allowed

The respondent, a daily wager in the Public Works Division (PWD) since 1984, was appointed as a contract Surveyor in the Soil Conservation Department on 3 April 1986 and later transferred before the posts were abolished in August 1987. After about eight years, he filed an application under Section 10 of the Industrial

IDRISHAN YAKUBHAN PATHANversusSTATE OF GUJARAT THROUGH PUBLIC PROSECUTOR

2007 INSC 79027 July 2007Appeal(s) allowed

Idrishan Yakubhan Pathan faced two prosecutions under the Prevention of Terrorism Act (POTA), Case No. 8 and Case No. 12 of 2003. He appealed both decisions (Criminal Appeals Nos. 1287 and 1288 of 2004). The Gujarat High Court acquitted him in Case No. 8 and dismissed his appeal 1287. Regarding Case No. 12, the High Co

SMT. SHAKUNTALAversusSTATE OF HARYANA

2007 INSC 79127 July 2007Dismissed

The appellant, Shakuntala, was convicted of murder under Section 302 IPC for setting her daughter‑in‑law on fire after a dowry dispute. The victim’s dying declaration, recorded by a First Class Judicial Magistrate and certified by a doctor as being made while she was fit, formed the core evidence. The Supreme Court exa

SYED IBRAHIMversusSTATE OF ANDHRA PRADESH

2006 INSC 47327 July 2006Appeal(s) allowed

Syed Ibrahim was convicted under Section 302 IPC for the murder of his wife based solely on the testimony of the deceased's father, PW I. The High Court upheld the conviction despite noting inconsistencies in PW I's evidence. On appeal, the Supreme Court examined whether a conviction can rest on a solitary witness whos

DALJIT SINGH AND ORS.versusSTATE OF PUNJAB THROUGH SECRETARY HOME AFFAIRS

2006 INSC 47427 July 2006Appeal(s) allowed

The case involved six accused, of whom four were convicted under IPC sections 307/34, 324/34 and 323/34 for a violent assault. The trial court sentenced them, and the High Court upheld convictions under sections 324/34 and 323/34 but acquitted on 307/34. On appeal, the accused argued that the High Court failed to consi

UNION OF INDIAversusGAGAN KUMAR

2005 INSC 31427 July 2005Appeal(s) allowed

The respondent, a casual labourer, filed an application before the Central Administrative Tribunal seeking "temporary" status under the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993, claiming he had completed the requisite 240/206 days of service in 1998. The Tribunal held that Clause 4 o

RAMESHBHAI CHANDUBHAI RATHODversusSTATE OF GUJARAT

2009 INSC 61527 April 2009Matter referred to larger bench

The appellant, a watchman, was convicted of kidnapping, rape, robbery and murder of a ten‑year‑old girl based solely on circumstantial evidence and an extra‑judicial confession. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether the circumstantia

STATE OF RAJASTHANversusHEMRAJ & ANR.

2009 INSC 61627 April 2009Dismissed

The State of Rajasthan appealed against the acquittal of Hemraj and Kamla (a woman) on charges of gang rape under Section 376(2)(g) IPC. The trial court had convicted Hemraj under Section 342 IPC and held that Kamla could not be convicted under the gang‑rape provision. The High Court affirmed this view, finding insuffi

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