A. RAMA RAO AND ORS.versusRAGHUNATH PATNAIK AND ORS.
2007 INSC 45624 April 2007Disposed off
The plaintiff alleged an unregistered agreement for the sale of a suit property with defendant No.1, and after learning that the defendant had entered into a second agreement with defendants 2 and 3, the plaintiff sent notices by post to all parties stating the subsistence of the earlier agreement. The notices were ret…
STATE OF KERALA AND ORS.versusSUNIL KUMAR AND ORS.
2006 INSC 24024 April 2006Appeal(s) allowed
The predecessor of the respondents was granted a lease over forest land, but later encroached on an additional 146.42 acres. The Kerala State Government initially decided to regularise the encroachment by granting a lease, but after the Forest Conservation Act, 1980 came into force, it rejected the request, stating tha…
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITYversusKENDRIYA KARAMCHARI SAHKARI GRIH NIRMAN SAMITI
2006 INSC 24124 April 2006Appeal(s) allowed
The New Okhla Industrial Development Authority (NOIDA) acquired land belonging to several cooperative societies and, as per its policy, was to allot 40% of the acquired land to the societies' members. The Kendriya Karamchari Sahkari Grih Nirman Samiti claimed ownership of 292 bighas, provided a member list, and NOIDA a…
M.D. SONALIKA INTERNATIONAL TRACTOR LTD.versusDINESH SHARMA & ORS.
2009 INSC 39224 March 2009Appeal(s) allowed
The plaintiff purchased a tractor from a dealer, alleging that the dealer misrepresented the engine's horsepower. After a consumer forum dismissed his complaint, he filed a criminal complaint under IPC sections 1208, 420 and 468 against both the dealer and the tractor manufacturer. The magistrate dismissed the complain…
M/S. UNITED INDIA INSURANCE CO. LTD.versusSUKH DEO YADAV
2009 INSC 39524 March 2009Disposed off
The insurer, United India Insurance Co., denied a claim for damage to a Jeep that met with a fatal accident on 9 June 2004, alleging fraud because the driver, Amitabh Singh (alias Munna Singh), did not possess a valid driving licence. The vehicle’s owner, Sukhdeo Yadav, contended that the actual driver was his son Sanj…
ORIENTAL INSURANCE CO. LTD.versusKALAWATI DEVI & ORS.
2009 INSC 39624 March 2009Appeal(s) allowed
The case involved Oriental Insurance Co. Ltd., which appealed a decision of the Jharkhand High Court that dismissed its claim under the Motor Vehicles Act, 1988. The High Court had held that the insurer had not obtained leave to contest the claim under section 170 after the vehicle owner failed to take interest, and th…
NIRBHAI KUMARversusMAYA DEVI & ORS.
2009 INSC 39324 March 2009Appeal(s) allowed
The appeal concerned the interpretation of the proviso to Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The appellant, Nirbhai Kumar, argued that the three‑year bar on eviction of a sitting tenant after a change of ownership and the six‑month notice requirem…
U.P. JAL NIGAM, LUCKNOWversusMANJU GOEL & ORS.
2009 INSC 39724 March 2009Disposed off
The Motor Accident Claims Tribunal awarded Rs.9,18,288 to victims of a 1979 accident, directing Uttar Pradesh Jal Nigam (UPJ) to pay. UPJ appealed to the Allahabad High Court, but after the reorganization of Uttar Pradesh, the appeal was transferred to the newly created Uttarakhand High Court. Unaware of this transfer,…
ISOLUX- SOMA -OMAXE CONSORTIUMversusM/S. MADHUCON PROJECTS PVT. LTD. & ORS.
2009 INSC 40224 March 2009Disposed off
The dispute concerned a tender by the National Highways Authority of India (NHAI) for the design, construction and operation of a highway section under a Build‑Operate‑Transfer model. Out of 19 bidders, six were initially short‑listed as per clause 3.5.2 of the tender documents, which allowed up to six pre‑qualified ap…
UNION OF INDIA AND ORS.versusLAISHRAM LINCOLA SINGH @ NICOLAI
2008 INSC 38924 March 2008Case Partly allowed
The respondent was detained under Section 3(3) of the National Security Act, 1980 for a period of twelve months. He filed a writ of habeas corpus alleging an unexplained delay in the disposal of his representation made on 12 October 2005. The Guwahati High Court accepted the claim of delay and granted relief. On appeal…
STATE OF MAHARASHTRAversusMADHUKAR WAMANRAO SMARTH
2008 INSC 39124 March 2008Appeal(s) allowed
The State of Maharashtra convicted several respondents, including Madhukar Wamanrao Smarth, for cheating, forgery, abetment, criminal breach of trust and conspiracy, imposing consecutive sentences totalling twelve years. The respondents appealed and sought bail by suspension of sentence under Section 389 of the Code of…
KARNAL IMPROVEMENT TRUSTversusSUMITRA DEVI (DEAD) BY LRS. AND ORS.
2008 INSC 39224 March 2008Appeal(s) allowed
The Karnal Improvement Trust appealed against a High Court order dismissing writ petitions that challenged a 1972 land acquisition award. The petitioners sought solatium (30% of market value) and other benefits under Sections 23(1‑A) and 28 of the Land Acquisition Act, 1894. The Supreme Court examined the effect of Sec…
TATA CHEMICALS LTD.versusUNION OF INDIA & ORS.
2008 INSC 38724 March 2008Directions issued
The petitioners, Tata Chemicals Ltd. and others, challenged the anti‑dumping duty imposed by the Customs Notification dated 27 October 1998 and the subsequent determination made by the Designated Authority under Rule 18 of the Customs Tariff (Identification, Assessment and Collection of Anti‑Dumping Duty on Dumped Arti…
CORPORATION OF CITY OF BANGALOREversusZULEKHA BL & ORS.
2008 INSC 38824 March 2008Appeal(s) allowed
The Corporation of Bangalore filed a suit against Zulekha B.I. and others claiming title over a disputed property. Zulekha asserted that she had purchased the land from M.N. Rudrappa and sought a declaration of ownership and an injunction against interference. The trial court dismissed her suit; the Karnataka High Cour…
EMPLOYEES STATE INSURANCE CORPORATIONversusALL INDIA I.T.D.C. EMPLOYEES UNION AND ORS.
2006 INSC 17424 March 2006Disposed off
The Union of Employees of a Government undertaking challenged a notification that enhanced employee and employer contributions under the Employees State Insurance Act, claiming it did not apply to them. A Rajasthan High Court dismissed the writ as non‑maintainable but directed the ESIC to "consider" waiving the contrib…
KESHAVversusSHIVAJIRAO & ORS.
2009 INSC 24924 February 2009Disposed off
The appellant challenged a Bombay High Court order that deleted his name from the electoral roll on the ground that the election programme had not yet been declared. The High Court had relied on the fact that the election programme was pending, while the appellant argued that the programme was published on 17‑18 Februa…
A.P.S.R.T.C. AND ORSversusG. SRINIVASA REDDY AND ORS.
2006 INSC 10724 February 2006
The Andhra Pradesh State Road Transport Corporation (AP SRTC) issued a 1988 circular allowing absorption of casual employees but expressly excluding contract labour. Several scavengers employed through contractors filed writ petitions seeking regularisation under the circular. The High Court, on multiple occasions, dir…
STATE OF J & K AND ORS.versusSANJEEV KUMAR AND ORS.
2005 INSC 10624 February 2005Disposed off
The State of Jammu & Kashmir advertised for two lecturer posts in its Medical Education Department. Four departmental employees had earlier been given ad‑hoc promotions, pending approval by the State Public Service Commission (PSC), which was granted shortly after the advertisement. The PSC prepared a select list and a…
VINODversusSTATE OF HARYANA
2008 INSC 9324 January 2008Dismissed
The appellant Vinod and others were convicted for kidnapping a nine‑year‑old boy, Amit Kumar, and demanding a ransom of Rs 10 lakh. The boy was released after the ransom was paid, and the police recovered the money and arrested the accused. The trial court and the Punjab and Haryana High Court sentenced the accused to …
BASAYYA I. MATHADversusRUDRAYYA S. MATHAD AND ORS.
2008 INSC 9424 January 2008Case Allowed
The appellant, a tenant under the Karnataka Land Reforms Act, obtained occupancy rights to certain lands, while his brothers claimed a share and filed a suit for partition. The trial court and first appellate court dismissed the suit. The High Court, in a second appeal (RSA No. 105 of 1997), directed production of the …
BALASAHEB DAYANDEO NAIK (DEAD) THROUGH LRS & ORS.versusAPPASAHEB DATTATRAYA PAWAR
2008 INSC 9524 January 2008Case Allowed
The plaintiffs entered into a written agreement to purchase agricultural land, agreeing that the sale deed would be executed within six months and that earnest money would be forfeited if the deadline was missed. The defendant failed to execute the sale deed and the plaintiffs sued for specific performance. The trial c…
ORIENTAL INSURANCE CO. LIMITEDversusPRITHVI RAJ
2008 INSC 9624 January 2008Case Allowed
Prithvi Raj owned a Mini Bus insured by Oriental Insurance. After an accident, he claimed compensation for damage to his own vehicle, but the insurer denied the claim, alleging that the driver did not possess a valid driving licence. The State Consumer Disputes Redressal Commission found that no licence had ever been i…
SMT. K. SHARADA BAI AND ANR.versusSMT. SHAMSHUNNISA AND ORS.
2008 INSC 9724 January 2008Dismissed
The dispute concerned 12.5 guntas of land in Survey No. 30, Taranagar Village, claimed by the respondent as the original owner who had purchased it from earlier owners. The appellants, who occupied the land, were alleged to have grabbed it. The Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibiti…
K.T. VARGHESE & ORS.versusSTATE OF KERALA & ORS.
2008 INSC 9124 January 2008Case Allowed
The appellants, dealers in limeshell, held a dealer's licence under the Kerala Minor Mineral Concession Rules, 1967, issued pursuant to Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. Their licence renewal was conditioned on two restrictions: (i) the minerals stocked must be purchased only …
SHRI HARENDRA NATH BORAHversusSTATE OF ASSAM
2007 INSC 7424 January 2007Case Partly allowed
The appellant, Shri Harendra Nath Borah, a police constable, was convicted under Section 302 of the Indian Penal Code for the death of a truck driver who was assaulted by police personnel and later died in hospital. The appellant challenged the conviction, arguing that the facts did not constitute murder but only culpa…
STATE OF MADHYA PRADESHversusMUNNA CHOUBEY AND ANR.
2005 INSC 4724 January 2005Appeal(s) allowed
The State of Madhya Pradesh convicted Munna Choubey and others of rape under Section 376(1) IPC and sentenced them to seven years rigorous imprisonment, with an additional five years for offences under Section 450, to run concurrently. On appeal, the Madhya Pradesh High Court reduced the sentence to the period already …
T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.
2007 INSC 117723 November 2007Disposed off
Vedanta Aluminium Ltd (formerly Vedanta Alumina Ltd) sought judicial clearance to divert 58.943 hectares of reserve forest land in the ecologically sensitive Niyamgiri Hills of Orissa for a one‑million‑tonne alumina refinery. The project required mining of bauxite from the hills, which are a wildlife corridor, a water …
RANIP NAGAR PALIKAversusBABUJI GABHAJI THAKORE AND ORS.
2007 INSC 117923 November 2007Appeal(s) allowed
The Supreme Court examined an appeal by Ranip Nagar Palika challenging the reinstatement of several workmen who had been terminated in 1994. The workmen claimed they were regular employees who had continuously worked since 1991, invoking Section 25-F of the Industrial Disputes Act, 1947, which requires at least 240 day…
DELHI DEVELOPMENT AUTHORLTYversusARUN LAL SATIJA AND ORS.
2007 INSC 117823 November 2007
The father of respondent No.1 was a member of a cooperative housing society and died before any land allotment was made. The society transferred his membership to his son, who applied for inclusion in the draw of lots for a plot, but the Registrar of Cooperative Societies rejected the application. The Delhi High Court …
M/S. BENARA VALVES LTD. AND ORS.versusCOMMISSIONER OF CENTRAL EXCISE AND ANR.
2006 INSC 88923 November 2006Disposed off
The Central Excise Department levied large duty and penalty demands on Mis. Benara Automotives Pvt. Ltd. (BAPL) and Mis. Benara Valves Ltd. (BVL) for alleged clandestine removal of excisable goods. The appellants appealed before the Customs Excise and Service Tax Appellate Tribunal and sought a stay of the pre‑deposit …
UNION OF INDIA AND ORS.versusHASMUKHBHAI HIRABHAI RANA
2006 INSC 89023 November 2006Case Partly allowed
The respondent was initially issued a selection letter on 1 January 1990 and an appointment letter on 13 June 1990 by the Divisional Commercial Manager (DCM). After a charge sheet in 1993, the DCM conducted an enquiry and ordered the respondent's removal from service, which was affirmed by the Appellate Authority and t…
CHAIRMAN, OIL AND NATURAL GAS CORPORATION LTD. AND ANR.versusSHYAMAL CHANDRA BHOWMIK
2005 INSC 58323 November 2005Appeal(s) allowed
The respondent, a casual worker of ONGC, claimed that he had worked more than 240 days in a year and sought regularisation of his service through a writ petition. The Guwahati High Court allowed the petition, holding that the employer bore the burden of proving the contrary. ONGC appealed, arguing that the factual disp…
M/S. KORES INDIA LTD., CHENNAIversusCOMMISSIONER OF CENTRAL EXCISE, CHENNAI
2004 INSC 67223 November 2004Disposed off
Mis. Kores India Ltd. bought jumbo rolls of typewriter/telex ribbons, cut them into standard lengths (10 m and 5 m) and wound them onto metal spools for sale. The assessee argued that this was merely processing, not manufacturing, and that excise duty had already been paid on the jumbo rolls. The Collector of Central E…
SMT. THOKCHOM ONGBI SANGEETA@ SANGI DEVI AND ANR.versusORIENTAL INSURANCE CO. LTD. AND ORS.
2007 INSC 109623 October 2007Disposed off
A Tata truck, classified as a goods vehicle, met with an accident near Lungthulien village, leading to two claims before the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. The Tribunal awarded compensation to the claimants, which the insurer, Oriental Insurance Co., contested on the ground that the …
NARESH KUMAR YADAVversusRAVINDRA KUMAR AND ORS.
2007 INSC 109723 October 2007Disposed off
The informant appealed the Patna High Court’s order granting anticipatory bail to three respondents under s.438 of the CrPC. The Supreme Court held that the High Court erred in granting a blanket anticipatory bail without the applicant showing a specific ‘reason to believe’ of arrest based on reasonable grounds, and in…
SHAHU SHIKSHAN PRASARAK MANDAL AND ANR.versusLATA P. KORE & ORS.
2008 INSC 107323 September 2008Appeal(s) allowed
Shahu Shikshan Prasarak Mandal & Anr. filed a writ petition under Article 226 of the Constitution challenging an order of an industrial tribunal, alleging arbitrariness, unreasonableness and perversity. The Bombay High Court Single Judge dismissed the petition as non‑maintainable, and the Division Bench dismissed the s…
KETANKUMAR BABULAL PATELversusKESARBEN JESANGJI AND ORS.
2008 INSC 107423 September 2008Disposed off
A complaint alleging that police refused to register an earlier FIR was filed before a Judicial Magistrate who ordered an inquiry under Section 202 of the Cr.P.C. The Gujarat High Court set aside that order and directed an inquiry under Section 156(3) Cr.P.C. The appellants challenged the High Court, arguing that once …
JOSEPH SEVERANCE AND ORS.versusBENNY MATHEW AND ORS.
2005 INSC 43623 September 2005Appeal(s) allowed
The appellants entered into a licence agreement with the respondents to construct a cinema theatre, which was renewed for five years in 1991 with a condition to surrender possession after expiry. The licencee died in 1994, after which the respondents remained in possession. The appellants filed a suit for mandatory and…
ANIGLASE YOHANNANversusRAMLATHA AND ORS.
2005 INSC 43723 September 2005Dismissed
AnigLase Yohannan filed a suit for specific performance of an agreement for sale executed on 15‑Feb‑1978, alleging that he had paid an advance and was ready to pay the balance, while the defendant failed to execute the sale deed within the stipulated six months. The defendant contended that the agreement was a security…
M/S. OBETTEE PVT. LTD.versusMOHD. SHAFIQ KHAN
2005 INSC 43823 September 2005Appeal(s) allowed
The workman, Mohd Shafiq Khan, participated in a strike on 2 May 1980 and was suspended along with two co‑workers, Chunnu and Vakil. While the latter two accepted the charges, tendered unqualified apologies and were subsequently released without further action, Khan contested the charges and did not apologise. The Indu…
KISHORI LALversusRUPA AND ORS.
2004 INSC 54123 September 2004Leave Granted & Allowed
The respondents were convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment. While on trial they had been on bail and allegedly did not misuse that liberty, and later filed an application under CrPC s.389 seeking suspension of the sentence and bail. The Allahabad High Court granted bail o…
KUNTI DEVIversusSOM RAJ AND ANR.
2004 INSC 54223 September 2004Leave Granted & Disposed off
Kunti Devi (wife) filed a criminal complaint under Section 494 read with Section 109 of the Ranbir Penal Code alleging that her husband Som Raj contracted a second marriage while the first marriage was still subsisting. The High Court, relying on Krishna Gopal Divedi v. Prabha Divedi, quashed the complaint, holding tha…
GANPATIBAI AND ANR.versusSTATE OF M.P. AND ORS.
2006 INSC 54023 August 2006Appeal(s) allowed
The appellants challenged a scheme under the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973, and the consequent notification (Sec. 4) and declaration (Sec. 6) issued under the Land Acquisition Act, 1894. They filed a civil suit in 1990, which was held non‑maintainable by the civil court in 2001. Subsequently, they filed …
SRI M. PURANDARA AND ORS.versusMAHADESHA S. AND ORS.
2005 INSC 36723 August 2005Disposed off
The appellants challenged a Karnataka High Court order that had expanded the scope of a writ petition concerning the selection of assistant teachers and had issued directions affecting persons who were not parties to the proceedings. The High Court had upheld the Administrative Tribunal's view on rural weightage and th…
BIHAR STATE HOUSING BOARDversusARUN DAKSHY
2005 INSC 36823 August 2005Appeal(s) allowed
The respondent deposited Rs 15,000 as earnest money for a MIG house under the Bihar State Housing Board Regulation, 1983, but was not allotted a house in the lottery. He demanded a refund, which the Board paid in 1995, and subsequently filed a complaint before the District Consumer Forum. The Forum and the State Consum…
SANGEETA SINGHversusUNION OF INDIA AND ORS.
2005 INSC 36923 August 2005Appeal(s) allowed
The appellants were selected as dealers of petroleum products by Indian Oil Corporation Ltd. Their eligibility was challenged on the ground that a close relative – their father‑in‑law – already held a dealership, a relationship not listed among the prohibited categories in the eligibility advertisement. The Allahabad H…
STATE OF MAHARASHTRAversusSITARAM POPAT VETAL AND ANR.
2004 INSC 46523 August 2004Leave Granted & Allowed
The State of Maharashtra appealed against the Bombay High Court's order granting bail to six accused, including Sitaram Popat Vetal, in a murder case (Section 302 IPC) concerning the death of Hanumant Vithal Chaudhary. The High Court had released the accused on the ground that they were falsely implicated due to politi…
THE COMMISSIONER OF POLICE AND ORS.versusSMT. C. ANITA
2004 INSC 46623 August 2004Leave Granted & Allowed
The Commissioner of Police, Hyderabad, detained Chinnaboina Shankar under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities Act, citing his status as a history‑sheeter with over 30 cases and two specific incidents that created terror among the public. His wife, Smt. C. Anita, filed a writ petition c…
MUNIGADPPA MEENAIAHversusTHE STATE OF ANDHRA PRADESH
2008 INSC 85823 July 2008Dismissed
Munigadapa Meenaiah was convicted of murdering his brother's widow, Yellamma, by striking her with a pestle after suspecting her fidelity. The prosecution relied on the testimony of Yellamma's sons (PW1 and PW10) and a toddy shopkeeper (PW2) who saw the accused and the deceased together, the discovery of the body in fr…
BANTUversusTHE STATE OF U.P.
2008 INSC 85923 July 2008Dismissed
The appellant Bantu was convicted of raping a five‑year‑old girl and murdering her by inserting a wooden stick into her vagina, leading to her death. The trial court sentenced him to death under IPC sections 302, 376 and 364, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether the convi…
B.S.GORAYAversusU.T. OF CHANDIGARH
2007 INSC 77223 July 2007Dismissed
The Central Bureau of Investigation filed a charge‑sheet against B.S. Goraya under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. Goraya, then a Colonel, was suspended and dismissed from Army service in January 1993, but his dismissal was later set aside and he was reinstated. He contended that,…
THE COMMISSIONER OF INCOME TAXversusM/S. CATAPHARMA (INDIA) PVT. LTD.
2007 INSC 77323 July 2007Dismissed
The dispute concerned the assessment year 1997‑98 where the assessing officer had included excise duty and sales tax in the "total turnover" for computing the deduction under section 80HHC(3)(b) of the Income Tax Act, 1961. The Revenue appealed, arguing that the plain meaning of "turnover" required inclusion of these t…
STATE OF ORISSA AND ANR.versusSURENDRANATH MALLICK AND ORS.
2007 INSC 77423 July 2007Appeal(s) allowed
The case concerned the reversion of Surendranath Mallick, a reserved‑category employee, to his former post of Senior Assistant after a general‑category Section Officer returned from leave. The Tribunal had held that Mallick should remain as Section Officer Level‑II to preserve the SC quota, and the Orissa High Court up…
ASSISTANT COMMISSIONER OF INCOME TAXversusRAJESH JHAVERI STOCK BROKERS PVT. LTD.
2007 INSC 66223 May 2007Appeal(s) allowed
The respondent, Rajesh Jha Ver! Stock Brokers Pvt. Ltd., filed its return for AY 2001‑02 showing a loss, which was processed under Section 143(1) of the Income Tax Act. The Assessing Officer later issued a notice under Section 148 alleging that the claim of bad debts was not allowable, and initiated reassessment. The r…
AJNALA COOP. SUGAR MILLS LTD.versusSUKHRAJ SINGH
2007 INSC 66323 May 2007Disposed off
Ajnaala Coop. Sugar Mills Ltd. terminated the services of Sukhraj Singh, a seasonal daily‑wage worker. The Labour Court held the termination illegal under Section 25‑F of the Industrial Disputes Act, 1947, which requires a workman to have worked more than 240 days in the preceding twelve months, and ordered his reinsta…
NAFE SINGHversusSTATE OF HARYANA
2009 INSC 59423 April 2009Case Partly allowed
Three men, including Nafe Singh, attacked a group of farmers over a dispute concerning agricultural land, using weapons such as a ballam, gandasi and lathi. During the assault, Bhanwar Singh was killed and two others were injured. The trial court convicted all three under Sections 302, 323 and 324 read with Section 34 …
DINA NATH @ DAULATversusSTATE OF HIMACHAL PRADESH
2009 INSC 59123 April 2009Disposed off
The appellant, Dina Nath (Daulat), appealed against his conviction, asserting that he was a minor at the time of the offence committed on 15 June 1990, based on his claimed birth date of 6 March 1973. The sole issue before the Supreme Court was whether the appellant qualified as a "juvenile in conflict with law" under …
STATE OF M.P.versusMUNSHI SINGH & ORS.
2009 INSC 59323 April 2009Dismissed
The State of Madhya Pradesh appealed the acquittal of Munshi Singh and others for the murder of Sobran. The trial court had found the testimony of three eye‑witnesses unreliable and, relying on ballistic evidence that contradicted their statements, acquitted the accused. The High Court upheld this acquittal, holding th…
STATE OF PUNJABversusLEELA
2009 INSC 59223 April 2009Disposed off
The State of Punjab prosecuted Leela under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. The trial court convicted him, sentencing him to 11 years' rigorous imprisonment and a fine. On appeal, the Punjab & Haryana High Court acquitted Leela, holding that no indepen…
SIATE OF PUNJABversusNIRMAL SINGH
2009 INSC 59623 April 2009Appeal(s) allowed
The trial court convicted Nirmal Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing poppy husk recovered from his house and sentenced him to ten years' rigorous imprisonment and a fine. The Punjab and Haryana High Court acquitted him, holding that the parameters of Section…
NOORJAHANversusSTATE REP. BY D.S.P.
2008 INSC 51523 April 2008Case Allowed
The appellant, the aunt of the husband, was convicted under Section 498A of the IPC for allegedly participating in dowry demand that led to the death of the wife. The prosecution alleged that the husband, his brother, and the aunt demanded jewellery and cash, and that the husband and brother strangulated the wife while…
L.I.C. OF INDIAversusANWAR KHAN (SINCE DECEASED) THROUGH LRS.
2007 INSC 44923 April 2007Case Allowed
The Life Insurance Corporation of India (LIC) fixed the retirement age of its field officers at 58 years, but Anwar Khan (deceased) sued for a declaration that the applicable agreement made the retirement age 60 years; the suit was decreed in his favour while a second appeal was pending. During the pendency, Khan filed…
RASHTRIYA CHEM. & FERTILIZERS LTD. AND ANR.versusGENERAL EMPLOYEES ASSOCIATION AND ORS.
2007 INSC 45023 April 2007Appeal(s) allowed
The Central Government issued a circular on 8 November 2000 refusing to prohibit contract labour in certain establishments of Rashtriya Chemicals & Fertilizers Ltd. The General Employees Association filed a writ petition under Article 226 seeking quashment of the circular, alleging that the contract labour system was a…
STATE OF A.P. AND ORS.versusD. DASTAGIRI AND ORS.
2003 INSC 25323 April 2003Appeal(s) allowed
The State of Andhra Pradesh issued a notification to recruit 1,715 Excise Constables, conducting interviews and document verification. The process was halted due to an election notification and later cancelled after the state imposed total prohibition, with no selection list ever published. The candidates filed writ pe…
NANSHIBHAI S/O GANESHBHAI MIRANIversusBHUPENDRA P. POPAT AND ANR.
2007 INSC 33623 March 2007Disposed off
The Supreme Court heard a civil appeal challenging a Bombay High Court order that a fresh General Body Meeting of Sri Lohana Mahaparishad be held to consider remaining agenda items after a consent order had directed a meeting. The appellant argued that the newly elected governing body, not the old one, could validly ta…
CHANDA (DEAD) THROUGH LRS.versusRATTNI AND ANR.
2007 INSC 33723 March 2007Dismissed
The plaintiff entered into an agreement to purchase land, paid earnest money and was required to pay the balance consideration and obtain execution of the sale deed within two months of the decree for specific performance. The trial court decreed specific performance, directing the defendants to execute the deed upon p…
STATE OF PUNJAB AND ANR.versusMEWA SINGH
2006 INSC 16623 March 2006Appeal(s) allowed
The State of Punjab acquired land for urban development in SAS Nagar and framed a 1974 scheme to allot residential plots to persons whose land was taken. Mewa Singh, claiming a one‑fourth share in 66 kanals 9 marlas, applied in 1980 for a plot, asserting sole entitlement. Earlier writ proceedings (1981) granted relief …
CHIEF ADMINISTRATOR PUDA AND ANOTHERversusMRS. SHABNAM VIRK
2006 INSC 16723 March 2006Appeal(s) allowed
The Punjab Urban Development Authority (PUDA) advertised a housing scheme with a tentative flat price of Rs 6.3 lakh, stating that the price could be revised upward. Applicants, including the respondent, applied, signed a proforma undertaking to abide by all terms and to pay any higher cost due to material price fluctu…
STATE OF RAJASTHANversusHANIF KHAN & ANR.
2009 INSC 23423 February 2009Appeal(s) allowed
The daughter of complainant Billu Khan went missing and was later found dead. The trial court convicted Hanif Khan and others under IPC sections 376(2)(g) (rape), 302 r/w 34 (murder), and 201 r/w 34 (concealment of body). The High Court, without discussing the testimony of PW2 (the wife of an accused who was an eyewitn…
SYED HAKKIM AND ANRversusSTATE REP. BY DY. SUPERINTENDENT OF POLICE, KARUR DISTRICT, TAMIL NADU
2009 INSC 23523 February 2009Case Partly allowed
The appellants, a husband and his in‑laws, were convicted for the death of the wife by strangulation allegedly motivated by a dowry demand. Both the trial court and the Madras High Court upheld convictions under IPC sections 302 (murder) and 498A (dowry death based on dowry demand). On appeal, the Supreme Court examine…
S.K. JAIN.versusSTATE OF HARYANA AND ANR.
2009 INSC 23323 February 2009Dismissed
The appellant, a contractor, entered into a contract with the State of Haryana to construct an office building, which contained an arbitration clause and a sub‑clause requiring the contractor to deposit a security of 7% of the claim amount before arbitration could commence. A dispute arose, the contractor filed a claim…
PEPSU ROAD TRANSPORT CORPN. PATIALA, THROUGH ITS GENERAL MANAGERversusKULWANT KAUR & ORS.
2009 INSC 24123 February 2009Appeal(s) allowed
An accident occurred on 15‑10‑1982 and a claim petition was filed on 30‑11‑1982. The Motor Accidents Claims Tribunal dismissed the claim, but the Punjab & Haryana High Court allowed it, relying on Section 140 of the Motor Vehicles Act, 1988 (as amended on 14‑11‑1994) and directing a payment of Rs 50,000 as "no‑fault li…
STATE OF ORISSA AND ORS.versusKHIROD KUMAR NAYAK
2009 INSC 24223 February 2009Appeal(s) allowed
The petitioner, Khiroud Kumar Nayak, was appointed as "fourth peon" by the managing committee of an aided school under the Orissa Education Act, 1969. The State refused to approve the appointment, claiming it exceeded the prescribed staff yardstick, and the petitioner filed a writ petition. The Orissa High Court allowe…
KRISHNAMURTHY S. SETLUR DEAD BY LRS.versusO.V. NARASIMHA SETTY & ORS.
2007 INSC 19223 February 2007Appeal(s) allowed
The case arose from a long‑running dispute over ownership of certain lands originally sold by Kalyana Sundram Iyer. K.S. Setlur claimed title by adverse possession, asserting that tenant Shyamala Raju had attorned to him in 1946 and that he had been in possession for more than twelve years, a claim upheld by the Karnat…
D.K. GANESH BABUversusP.T. MANOKARAN AND ORS.
2007 INSC 19123 February 2007Case Partly allowed
The complainant appealed against a Madras High Court order that granted anticipatory bail under Section 438 of the Cr.P.C. to three accused who were apprehending arrest in a dowry‑related murder case. The High Court had stipulated detailed conditions and effectively released the accused without requiring their surrende…
NATHUNI RAMversusRAGHUPAT RAM AND ORS.
2007 INSC 20023 February 2007Appeal(s) allowed
Nathuni Ram filed a suit for declaration of title and confirmation of possession over 36 decimal of land. The trial court dismissed the suit, but the first appellate court allowed him possession of 22 decimal and gave the defendants possession of the remaining 14 decimal. Nathuni Ram appealed to the High Court under Se…
RAM PRASAD RAI @ RAM PRASAD SINGH AND ORS.versusSTATE OF BIHAR AND ORS.
2007 INSC 20123 February 2007Disposed off
The appellants, Ram Prasad Rai and others, challenged the legality of a land acquisition proceeding under the Land Acquisition Act, 1894, alleging that their land was to be taken by the State of Bihar. While their writ petition (CWJC No. 3232/2004) was pending, another writ petition and a public‑interest litigation, fi…
PURAN DASversusUNION OF INDIA AND ORS.
2006 INSC 10023 February 2006Dismissed
Puran Das, a constable in the Indo‑Tibetan Border Police, was suspended in 1973 and later removed from service in 1976. The Himachal Pradesh High Court set aside his removal and reinstated him with consequential benefits. He subsequently qualified for the required promotion tests in 1984 and 1986, becoming eligible for…
BANK OF PATIALAversusPHOOLPATI
2005 INSC 10023 February 2005Appeal(s) allowed
Hari Ram, an employee of State Bank of Patiala, submitted a resignation on 7 January 2002 to be effective from 1 March 2002. He attempted to withdraw the resignation on 4 February 2002, citing illness, but the bank asked for medical proof and warned that failure to provide it would result in his relief on 1 March. No p…
NATIONAL INSURANCE COMPANY LTD.versusMEENA AGGARWAL
2009 INSC 5823 January 2009Appeal(s) allowed
The appellant insurer denied a claim for damage to a Maruti van insured for personal use after it was involved in an accident while being used as a taxi and driven by a person without a valid licence. The District Consumer Forum upheld the denial, but the State Consumer Commission reversed it, holding there was no fund…
MOHAN CHANDversusSTATE OF UTTARAKHAND
2009 INSC 5923 January 2009Dismissed
The appellant, a truck driver, was convicted under Section 376 of the Indian Penal Code for raping the prosecutrix, who was also assaulted by other accused persons. The appellant challenged the conviction on the ground that his name was not mentioned in the FIR, alleging false implication, and contended that the eviden…
THE STATE OF WEST BENGAL & ORS.versusSOMDEB BANDYOPADHYAY & ORS.
2009 INSC 6023 January 2009Appeal(s) allowed
The State of West Bengal appealed a Calcutta High Court judgment that had allowed a writ appeal filed by Somdeb Bandyopadhyay, who sought restoration as Superintendent and ex‑officio Secretary of a technical institute after an enquiry withdrew his administrative functions. The High Court, despite not condoning the dela…
RAJESHversusSTATE OF RAJASTHAN AND ANR.
2009 INSC 6323 January 2009Disposed off
The petitioner, Rajesh, sought transfer of a criminal case (FIR No.352 dated 7‑12‑2005) under Sections 406, 498A read with Section 34 IPC, pending in the Judicial Magistrate First Class, Chittorgarh, to a court in Hissar. The matter was posted before the Supreme Court Lok Adalat on 6‑12‑2008, where both parties appeare…
KHILARIversusSTATE OF U.P. & ORS.
2009 INSC 6523 January 2009Appeal(s) allowed
The appellants were convicted under Sections 302 and 506 of the IPC for the murder of Shiv Kumar. While the conviction was under appeal, the co‑accused (respondents 2 and 3) applied for bail under Section 389 of the CrPC. The Allahabad High Court granted bail without recording detailed reasons, relying merely on the ab…
MANAGING DIRECTOR, TNSTCversusSUGUNA AND ORS.
2009 INSC 6623 January 2009Case Partly allowed
A 24‑year‑old motorcyclist died when a bus owned by the appellant, TNSTC, collided with him in 1998. The deceased's widow and children filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accidents Claim Tribunal (MACT) fixed a notional monthly income of Rs.1,500 for the deceased, due t…
M/S BABA TRADING CO.versusVIDARBHA CHAMBER OF COMMERCE & INDUSTRIES & ORS.
2009 INSC 7023 January 2009Disposed off
The Civil Appeals (Nos. 390‑391 of 2009) concerned the extension of a commercial licence and the payment of the associated licence fee. The appellant, Mis Baba Trading Co., sought to continue as licencee beyond the original expiry date, while Respondent No. 6 (Mis Joshi Freight Carriers Dhule) applied for a new licence…
U.P. STATE ROAD TRANSPORT CORP.versusISLAMUDDIN
2009 INSC 7123 January 2009Case Partly allowed
The claimant, Islamuddin, suffered injuries in a motor accident on 3 December 2002 near GT Road, Shahdara, Delhi and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (MACT) fixed a compensation of Rs. 3,00,598 but deducted 40% on the ground of contributory negligence, reducing…
STATE OF KERALA & ORS.versusPRABHAVATHY THANKAMMA & ORS.
2009 INSC 7223 January 2009Dismissed
The petitioners challenged the Kerala Sales Tax authorities on the taxability of lottery tickets, arguing that they should be treated as "goods" under the sales tax statutes. The Supreme Court examined whether a lottery ticket, which is merely a paper evidencing a chance to win a prize, falls within the definition of "…
STATE OF A.P.versusSINGIREDDY RAMULU AND ANR.
2008 INSC 8823 January 2008Case Allowed
The State of Andhra Pradesh sought to enforce surrender of excess agricultural land by a declarant under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The declarant surrendered 11.07 guntas, but a third‑party claimant asserted that the land had been sold to him in 1971 and that he had be…
VISHNU DEV SHARMAversusSTATE OF U.P. AND ORS.
2008 INSC 8923 January 2008Case Allowed
Vishnu Dev Sharma challenged the seniority list of government employees, alleging that he was placed below juniors. The Allahabad High Court dismissed his writ petition summarily, stating only that the seniority was given from the date of confirmation and that no illegality was seen, without providing any reasons. The …
BRIHANUMUMBAI MAHANAGAR PALIKA & ANR.versusAKUTI NIRMAN PVT. LTD. & ANR.
2008 INSC 9023 January 2008Case Allowed
The Brihanmumbai Municipal Corporation refused to entertain a complaint and confirm the rateable value of Akuti Nirman Pvt Ltd. The respondents appealed the decision under Section 217 of the Mumbai Municipal Corporation Act, 1888. The Bombay High Court allowed the appeal but issued a judgment that was essentially non‑r…
L.I.C OF INDIAversusSUSHIL
2006 INSC 4123 January 2006Case Allowed
The respondent, Sushil, was appointed by the Life Insurance Corporation of India on the basis of a claim that he belonged to the Scheduled Tribe Halba. The Committee for Scrutiny and Verification of Tribe Claims found his claim to be fraudulent and ordered invalidation. The Bombay High Court, relying on an undertaking …
VIJAY KUMAR AND ORS.versusWHIRLPOOL OF INDIA LTD. AND ORS.
2007 INSC 117322 November 2007Dismissed
The appellants, who had taken a Voluntary Retirement Scheme (VRS) on 26 May 1995 and received the stipulated payments, later claimed that a settlement dated 13 October 1995 between the employer and the workmen’s union, which altered wages and retirement age, also applied to them. The settlement expressly covered "perma…
I. LAXMA REDDYversusA.P.S.R.T.C. AND ORS.
2007 INSC 117422 November 2007
Laxma Reddy obtained a Labour Court order reinstating him after an unauthorized absence. He petitioned that his salary should be fixed with notional increments as if he had continuous service. A Single Judge allowed the petition relying on APSRTC v. P. Nageswara Rao, but the Andhra Pradesh High Court reversed, citing S…
SRIKANTversusDISTRICT MAGISTRATE, BIJAPUR AND ORS.,
2006 INSC 88522 November 2006Disposed off
The appellant challenged the detention of his brother under the Karnataka Prevention of Dangerous Activities Act, 1985 by filing a second habeas corpus petition after an earlier petition had been dismissed. The respondents argued that the doctrine of res judicata barred the second petition because it raised the same gr…
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION AND DISTRICT RECRUITMENT AUTHORITY & ORS.versusSHAIK MOULA AND ANR.
2006 INSC 88622 November 2006Appeal(s) allowed
Respondent No.1 applied for appointment as a primary school Hindi teacher but was rejected on the ground that he did not possess the required Teacher's Certificate (Higher) (TCH). He claimed that his qualification, a Teacher Training Certificate (TTC) equivalent, satisfied the requirement, relying on a Government of Ka…
UNION OF INDIA AND ANR.versusMAJOR BAHADUR SINGH
2005 INSC 58122 November 2005Disposed off
Major Bahadur Singh, a serving officer, was considered for promotion to Lieutenant Colonel by Selection Boards in 1995‑96 but was not empanelled. He filed statutory complaints to set aside his Annual Confidential Report (ACR) entries for 1988‑89 and 1989‑90, alleging adverse remarks that were not communicated and down‑…
STATE OF ORIS SA AND ORS.versusMD. ILLIYAS
2005 INSC 58222 November 2005Appeal(s) allowed
The Sarpanch of Neulapur Gram Panchayat, MD Illiyas, was alleged to have collected illegal gratification and misled poor beneficiaries under the Indira Avas Yojana. A Sub‑Collector conducted an inquiry, concluded that the Sarpanch had wilfully abused his powers, and the Collector suspended him under Section 115(1) of t…
BANNARI AMMAN SUGARS LTD.versusCOMMERCIAL TAX OFFICER AND ORS.
2004 INSC 66522 November 2004Disposed off
The Tamil Nadu Government had granted an exemption from purchase tax on sugarcane to sugar mills in the cooperative and public sectors in 1975. In 1988 it withdrew the exemption for mills exceeding a turnover ceiling and made the withdrawal retrospective to April 1988. Bannari Amman Sugars Ltd. and related mills, which…
HUDA AND ANR.versusBABESWAR KANHAR AND ANR.
2004 INSC 66622 November 2004Disposed off
The Haryana Urban Development Authority (HUDA) allotted a residential plot to an applicant who deposited earnest money. Clause‑4 of the allotment letter required the applicant to communicate non‑acceptance within 30 days or forfeit the deposit. The applicant mailed a registered notice of non‑acceptance on 28‑Nov‑2001, …
ARJUN SINGHversusSTATE OF HIMACHAL PRADESH
2008 INSC 120822 October 2008Appeal(s) allowed
Six persons were charged with offences under Sections 452, 323 read with 34, and 376(2)(g) of the Indian Penal Code for abducting and raping a woman. The prosecutrix identified some of the accused by hearing them address each other by names, but the appellant, Arjun Singh, was not apprehended at the scene and no test i…
SONU KUMARversusSTATE OF H.P.
2008 INSC 120922 October 2008Appeal(s) allowed
The appellant, Sonu Kumar, was one of six accused charged under IPC sections 452, 323 r/w 34, 376(2)(g) and SC/ST Act section 3(x) for the alleged rape of a woman belonging to a Scheduled Caste. The prosecution’s case relied on the victim’s testimony that the accused were addressing each other by names, and on a test i…
BAL KISHANversusSTATE. OF HIMACHAL PRADESH
2008 INSC 121022 October 2008Appeal(s) allowed
The prosecution alleged that Bal Kishan, along with others, forcibly dragged the prosecutrix to a forest and raped her. The trial court convicted the accused based on the testimonies of the prosecutrix, her son and an elderly neighbour, despite finding that the test identification parade conducted by the magistrate did…
GOVERDHAN DASS BANSALversusSTATE (DELHI ADMINISTRATION) TH. SECRETARY
2008 INSC 120422 October 2008Disposed off
The appellant, Goverdhan Dass Bansal, challenged a criminal conviction under the Food Adulteration Act, 1948, by filing a revision before the Delhi High Court. The High Court admitted the revision petition and disposed of it on the same day by issuing a cryptic, non‑reasoned order. The appellant appealed to the Supreme…
SUDHEER SINGH @ SUDHEERversusSTATE OF A.P.
2008 INSC 120522 October 2008Disposed off
The appellant Sudheer Singh was tried along with four others for robbery, murder and attempted murder. The trial court convicted him under IPC sections 394 and 302 read with 34, and sentenced him to rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction under section 394 but acquitted him of the mur…
STATE OF U.P.versusCHANDRAPAL & ANR.
2008 INSC 120622 October 2008Dismissed
The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Chandrapal and Jagannath, who had been convicted by the trial court for murder under IPC s.302 and s.302 r/w s.34. The High Court set aside the convictions, holding that the medical evidence on the victim's injuries conflicted with the oral tes…
RAMACHAMIversusSTATE REP. BY STATE PROSECUTOR
2008 INSC 120722 October 2008Case Partly allowed
Ramachamy was convicted by the trial court for murder (Sec. 302 IPC) and dacoity (Sec. 392 IPC) based solely on circumstantial evidence linking him to the deceased Kuttappan in a hotel where both were alone on the night of the incident. The High Court upheld the convictions. On appeal, the Supreme Court examined whethe…
SANJAY BANSAL AND ANR.versusJAWAHARLAL VATS AND ORS.
2007 INSC 109322 October 2007
The son of the petitioner was injured in a firearm attack and a case was registered under IPC s.307. The investigating officer submitted a final report excluding the accused on the basis of an alibi, prompting the petitioner to file a writ petition under Art.226 seeking a fair investigation. The High Court directed the…
RABINDRA KUMAR SHAW (DEAD) THR. LRS.versusMANICK LAL SHAW
2007 INSC 109422 October 2007Disposed off
The heirs of the deceased Rabindra Kumar Shaw filed a suit for declaration of title and a permanent injunction, and the trial court granted an interim status‑quo order. The defendant appealed, and the Calcutta High Court, without deciding the merits, dismissed the plaintiff's application for a temporary injunction on t…
PREMIYA @ PREM PRAKASHversusSTATE OF RAJASTHAN
2008 INSC 106722 September 2008Appeal(s) allowed
The appellant Premia @ Prem Prakash was convicted of rape under Section 376 IPC and sentenced to seven years by the trial court, a decision upheld by the Rajasthan High Court. On appeal, the Supreme Court examined the evidence, noting that the victim described only "fondling" with no injury to her private parts and tha…
BASAVARAJA & ORS.versusSTATE OF KARNATAKA
2008 INSC 106622 September 2008Appeal(s) allowed
The appellants, a family of five, were charged under Sections 302 and 34 of the IPC for allegedly pouring kerosene on the wife of one of them, setting her on fire and causing her death. The trial court acquitted them, finding the post‑mortem report of Dr PW‑7 showed death by asphyxia due to smothering and that the burn…
UNION OF INDIAversusY.S. SADHU, EX-INSPECTOR
2008 INSC 106822 September 2008Case Partly allowed
Y.S. Sadhu, an ex‑Inspector, was dismissed on the basis of an enquiry report. The Gauhati High Court reinstated him without back wages, holding that the enquiry report had not been produced for cross‑examination. On appeal, the Supreme Court held that when an enquiry report is not furnished to the employee, the court m…
STATE OF PUNJABversusKARNAIL SINGH
2008 INSC 107022 September 2008Appeal(s) allowed
The respondent, Karnail Singh, was a Manager of the Punjab Agricultural Development Bank, a co‑operative bank. The trial court framed charges against him under sections 7 and 13(2) of the Prevention of Corruption Act, 1988, alleging he was a "public servant". He filed a criminal revision petition, and the Punjab and Ha…
M/S. JHUNJHUNWALA AND ORS.versusSTATE OF U.P. AND ORS.
2006 INSC 64922 September 2006Disposed off
The appellants, commission agents dealing in timber harvested by farmers, challenged assessments that treated them as "manufacturers" under the Uttar Pradesh Trade Tax Act, 1948 after an amendment to Section 2(ee). The State relied on a circular issued by the Commissioner of Trade Tax, which interpreted purchases from …
KACHRULAL BHAGBIRATH AGRAWAL AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2004 INSC 53822 September 2004Dismissed
The appellants, wholesale dealers in dry chillies, stored and handled large quantities of chillies in a godown located in a residential locality. Residents complained that the loading, unloading and storage caused health problems and physical discomfort, and invoked Section 133(1)(b) of the Code of Criminal Procedure b…
RAMISETTY NARAIAHversusPOLURI VENKATA SUBBAMMA & ORS.
2008 INSC 96422 August 2008Disposed off
RAM PYARE MISHRAversusPREM SHANKER AND ORS.
2008 INSC 96222 August 2008Appeal(s) allowed
The case arose from a violent incident on 12 July 1978 in which two brothers, Prem Shanker and Hari Shanker, armed with a knife and a lathi, assaulted and caused the death of Mohan Mishra. The trial court convicted them under Section 302 read with Section 34 IPC, but the Allahabad High Court acquitted them on the groun…
SETTU AND ORS.versusSTATE OF TAMIL NADU
2006 INSC 53422 August 2006Case Partly allowed
The case involved three accused who attacked a man, causing his death, and also injured his friend. Appellant No.1 used a concealed knife to inflict multiple head injuries that proved fatal; Appellant No.2 cut the victim's back and knee and also wounded the friend; Appellant No.3 struck the victim's right hand causing …
T. ANJANAPPA AND ORS.versusSOMALINGAPPA AND ANR.
2006 INSC 53622 August 2006Appeal(s) allowed
The appellants filed a suit claiming title to a municipal allotment, purchasing the land two days after filing, and alleged that the respondents had encroached on a portion of the property by erecting a hutment three years earlier. The respondents contended that they had been in possession since 1969, paid municipal ta…
BHAURAO DAGDU PARALKARversusSTATE OF MAHARASHTRA AND ORS.
2005 INSC 36522 August 2005Appeal(s) allowed
The petitioners challenged the grant of Freedom Fighters' Pension Scheme benefits to a large number of persons in Beed district who were either not born during the freedom struggle or were toddlers at independence, alleging fraud and false claims. The Bombay High Court had constituted an enquiry committee, which report…
RAJ RAJENDRA SINGH SETH @ R.R.S. SETHversusTHE STATE OF JHARKHAND AND ANR.
2008 INSC 85522 July 2008Dismissed
Doctor R.R.S. Seth demanded Rs 500 from a relative of a patient for proper medical treatment, directing the payment to be made to his ward boy Nag Narain who would pass it on. A CBI‑led trap recovered the money and the doctor and ward boy were arrested. They were convicted under IPC sections 1208 (conspiracy) and 161 (…
SONELALversusSTATE OF M.P.
2008 INSC 85622 July 2008Dismissed
The appellant Sone Lal was convicted of murdering Ram Khilawan after the victim's wife and son testified that he stabbed the deceased three times. The trial court, supported by forensic evidence linking the blood on the knife to the victim, sentenced him to life imprisonment, a decision affirmed by the High Court. The …
SHAMBHOO SINGHversusSTATE OF RAJASTHAN
2008 INSC 85722 July 2008Case Partly allowed
Shambhoo Singh was convicted of murder (Sec. 302 IPC) and offences under Secs. 447, 307 and 324 for stabbing his neighbour during a land dispute. The trial court sentenced him to life imprisonment for murder and additional terms for the other offences. The appellant argued that the killing occurred in a sudden quarrel …
STATE OF TRIPURA AND ORS.versusBINA CHOUDHARY AND ORS.
2007 INSC 66022 May 2007Appeal(s) allowed
A truck carrying illegal timber was seized under s.52A of the Indian Forest (Tripura Second Amendment) Act, 1986. The owner pleaded guilty and the offence was compounded on payment of Rs.10,000 as valuation and Rs.2,000 as compensation. The vehicle’s gear box was stolen from the forest range office, preventing its retu…
ZAMINDAR DHARMIK AND SHEKSHNIK NYASversusSIDDHANATH (DEAD) BY LRS.
2007 INSC 66122 May 2007Appeal(s) allowed
The case concerns a 3.23‑acre parcel that formed part of a religious and educational trust whose trustees (the appellants) sought to retain ownership after the Government issued an ejectment notice under s.248 of the Madhya Pradesh Land Revenue Code in 1969. The Sub‑Divisional Officer, exercising powers under s.57 of t…
PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.
2009 INSC 58622 April 2009Hearing Adjourned
The People's Union for Civil Liberties filed a writ petition under Article 32 seeking enforcement of revised nutritional and feeding norms for the Integrated Child Development Services (ICDS) Scheme to combat malnutrition among children, pregnant and lactating women. The Union of India submitted an affidavit indicating…
RAM NARAYANversusSTATE OF U.P.
2009 INSC 58722 April 2009Dismissed
The appellant Ram Narayan and eight others were tried for offences under Sections 147, 148, 302, 307 and 436 read with Section 149 of the Indian Penal Code arising from a three‑stage violent incident. The trial court acquitted all accused, relying on alleged inconsistencies in the FIR, the semi‑digested food found in t…
M.A. ANTONY @ ANTAPPANversusSTATE OF KERALA
2009 INSC 58822 April 2009Dismissed
The appellant, M.A. Antony, was convicted of murdering six members of a family in Kerala and sentenced to death, along with other imprisonments, based largely on circumstantial evidence. The prosecution relied on motive, the appellant's presence at the crime scene, forensic evidence such as fingerprints and scalp hair,…
STATE OF HIMACHAL PRADESHversusNARESH KUMAR @ KAKA & ORS.
2009 INSC 59022 April 2009Appeal(s) allowed
The Sessions Judge convicted the accused under IPC sections 302 read with 34 and 323 read with 34, sentencing them to life imprisonment. The Himachal Pradesh High Court later acquitted the accused, concluding that the prosecution’s version was not credible. The State of Himachal Pradesh appealed this acquittal to the S…
STATE OF PUNJABversusSURJIT SINGH & ANR.
2009 INSC 57922 April 2009Appeal(s) allowed
The trial court convicted Surjit Singh and another accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk seized by police. The prosecution relied on the testimony of several official witnesses, while an independent witness, Karnail Singh, who had participated …
STATE OF PUNJABversusHARJAGDEV SINGH
2009 INSC 58122 April 2009Disposed off
The State of Punjab prosecuted Harjagdev Singh for the murder of his parents. The accused was arrested, gave a disclosure statement that led to the recovery of the murder weapon, and subsequently made a confession before a Judicial Magistrate under Section 164 of the CrPC admitting his guilt. The trial court convicted …
B.L. ARORAversusCHAIRMAN AND MANAGING DIRECTOR, SYNDICATE BANK
2008 INSC 50522 April 2008Dismissed
B.L. Arora, a former short‑service commissioned officer of the Indian Army, joined Syndicate Bank in 1976. Upon voluntary retirement in 2001 he claimed that his army service should be counted as qualifying service for the purpose of computing his pension and gratuity. The Bank rejected the claim relying on Regulation 2…
RASHTRIYA AUDYOGIK SANSTIIANversusCOMMISSIONER OF TRADE TAX, U.P.
2007 INSC 33422 March 2007Disposed off
The assessee challenged a trade tax demand under the Uttar Pradesh Trade Tax Act, 1948, and obtained relief from the Tribunal. The revenue department filed revision petitions under section 11 of the Act, which the Allahabad High Court allowed, setting aside the Tribunal's orders. The assessee appealed to the Supreme Co…
UNION OF INDIA AND ORS.versusRANBIR SINGH RATHAUR AND ORS.
2006 INSC 16322 March 2006Appeal(s) allowed
The case concerns several army officers who were tried by General Court Martial for espionage, some convicted and others dismissed administratively under Section 18 of the Army Act, 1950. Their writ petitions challenging the Court Martial proceedings and the administrative dismissals were dismissed by the Delhi High Co…
STATE OF RAJASTHANversusROHITAS & ORS.
2008 INSC 24222 February 2008Case Allowed
The respondents were acquitted by a trial court of offences under IPC sections 498A and 304B. The State of Rajasthan filed an application under CrPC section 378(1) seeking leave to appeal the acquittal, which the Rajasthan High Court dismissed without recording any reasons. The Supreme Court held that an order refusing…
STATE OF RAJASTHANversusRAJENDRA PRASAD JAIN
2008 INSC 24322 February 2008Case Allowed
The accused, Rajendra Prasad Jain, was acquitted by a Special Judge under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, on the ground that the prosecution failed to prove demand and acceptance of a bribe. The State of Rajasthan filed an application under Section 378(1) of the Code o…
SATLSH JAGGIversusSTATE OF CHHATTLSHGARH AND ORS.
2007 INSC 18722 February 2007Disposed off
The appellant, Satish Jaggi, filed a petition under Section 407 of the Code of Criminal Procedure seeking transfer of a criminal trial from the Sessions Judge, Raipur, on the ground that the judge's brother was a sitting MLA closely associated with the father of one of the accused, a former Chief Minister. The High Cou…
VINAY KR. KHAMBATEversusVINAY KR. AGGARWAL AND ORS.
2007 INSC 18822 February 2007Case Partly allowed
The landlord filed an eviction petition under Section 22(d) of the Delhi Rent Control Act, 1958 against the tenant, who died during the proceedings. The landlord then moved an application under Order XXII Rule 4 of the CPC asserting that the tenant's son could not inherit the tenancy. The Additional Rent Controller all…
ASSISTANT COMMISSIONER ANTI EVASION COMMERCIAL TAXES, BHARATPURversusM/S. AMTEK INDLA LIMITED
2007 INSC 19022 February 2007Disposed off
Mis. Amtek India Ltd. purchased plant and machinery and was assessed a penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 on the ground that the invoice and delivery challan dates did not match, leading the Assessing Officer to deem the documents non‑genuine. The assessee successfully challenged the penal…
FOOD CORPORATION OF INDIAversusM/S. LAXMI CATTLE FEED INDUSTRIES
2006 INSC 9922 February 2006Appeal(s) allowed
The Food Corporation of India (FCI) invited tenders for damaged foodgrains and accepted a bid from Laxmi Cattle Feed Industries, which deposited the earnest money. The buyer later sought cancellation of the portion of the contract that could not be performed and a refund of the balance, also requesting waiver of storag…
D.C.L. POLYSTER LTD., NAGPURversusCOLLECTOR OF CENTRAL EXCISE AND CUSTOMS
2005 INSC 9422 February 2005Dismissed
D.C.L. Polyester Ltd., a manufacturer of polyester chips, claimed that chips spilled during bagging were "sweeping wastes" and should be classified under heading 39.15 of the Central Excise Tariff Act, 1985, attracting nil duty. The Revenue argued that the chips were primary forms of plastic under heading 39.07 and dem…
GANPATI MADHAV SAWANT (D) BY LRS.versusDATTUR MADHAV SAWANT
2008 INSC 8422 January 2008Case Partly allowed
The appellants, heirs of the original defendants, filed a second appeal under Section 100 of the Code of Civil Procedure challenging a decree that granted mesne profit without a specific prayer for an inquiry under Order XX Rule 12. The Bombay High Court dismissed the appeal, holding that no question of law was involve…
OM PRAKASHversusSTATE OF U.P.
2008 INSC 8522 January 2008Dismissed
The appellant, a contractor, was caught unloading cast iron Grade‑I, defined as railway property, from a truck at a scrap yard. He claimed he was merely a laborer and not the owner, and sought reduction of his one‑year imprisonment, the minimum punishment prescribed under Section 3 of the Railway Property (Unlawful Pos…
M/S INDIAN DAIRY MACHINERY CO. LTD.versusASSISTANT COMMISSIONER OF COMMERCIAL TAXES
2008 INSC 8622 January 2008Dismissed
M/s Indian Dairy Machinery Co. Ltd., a dealer with a branch in Karnataka, entered into a works contract and received goods from its head office in Gujarat via stock transfer. The company claimed the benefit of composition tax under Section 17(6) of the Karnataka Sales Tax Act, 1957, but the assessing authority denied i…
MAHAVIRversusLAKHMI AND ANR.
2007 INSC 6622 January 2007Appeal(s) allowed
Mahavir filed a second appeal against a decree, but the Punjab and Haryana High Court allowed the appeal without formulating any substantial question of law, contrary to Section 100 of the Code of Civil Procedure, 1908. The Supreme Court examined whether the High Court was obliged to state and hear the appeal on a subs…
SHILPAversusABHINAV
2008 INSC 133321 November 2008Disposed off
The Supreme Court considered Transfer Petition (C) No. 79 of 2008 filed by Shilpa seeking relief in a matrimonial dispute with her husband Abhinav. The matter was referred to the Supreme Court Lok Adalat, where the parties, together with their families, executed a joint settlement covering the quashing of criminal comp…
KILARI MALAKONDIAAH @ MALAYADRI & ORS.versusSTATE OF ANDHRA PRADESH
2008 INSC 133521 November 2008Dismissed
The appellants, members of a political faction, assaulted the deceased with deadly weapons, causing his death, and injured three other persons. They were convicted under Sections 302 read with 34 and 307 read with 34 of the Indian Penal Code. On appeal they argued that the father of the deceased was not examined, that …
MD. RAFIQUE @ CHACHUversusSTATE OF WEST BENGAL
2008 INSC 133621 November 2008Dismissed
The appellant, MD Rafique, was charged with murder (Sec. 302 IPC) and voluntarily causing hurt (Sec. 398 IPC) for shooting the shop owner and assaulting his sons. The trial court convicted him on both counts; the Calcutta High Court upheld the murder conviction but set aside the 398 conviction. On appeal, the appellant…
E.S.I.CversusC.C. SANTHAKUMAR
2006 INSC 87121 November 2006Disposed off
The Employees' State Insurance Corporation (ESIC) sought to recover arrears of contributions from employers as arrears of land revenue under Section 45‑B, relying on orders passed under Section 45‑A. The Kerala High Court held that the five‑year limitation in the proviso to Section 77(1A)(b) applied to such claims, whi…
RAJINDER SINGH CHAUHAN AND ORS.versusSTATE OF HARYANA AND ORS.
2005 INSC 57921 November 2005Appeal(s) allowed
The appellants, employees of the Haryana State Federation of Consumers Co‑operative Wholesales Stores Ltd (CONFED), were retrenched under Section 25‑F of the Industrial Disputes Act, 1947. They challenged the retrenchment, contending that Section 25‑N, which applies to industrial establishments, should govern their cas…
DUGAR ELECTRONICSversusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA
2002 INSC 48821 November 2002Disposed off
Dugar Electronics, a manufacturer of tape recorders, received moulds and certain parts from Pieco (Philips) free of cost and declared a price for its finished goods. The Central Excise authorities and the Customs, Excise and Gold (Control) Appellate Tribunal rejected this declared price, holding that it did not represe…
OKHLA ENCLAVE PLOT HOLDERS WELFARE ASSOCIATIONversusUNION OF INDIA AND ORS.
2008 INSC 119921 October 2008Hearing Adjourned
The Supreme Court had earlier ordered the builder (colonizer) of the Okhla Enclave residential colony to hand over possession of plots to the allottees. Subsequently, the Deputy Commissioner discovered that the builder did not own the entire land and appointed an Inquiry Officer, whose report was submitted without hear…
RAVEENDRAN K & ANR,versusEXCISE INSPECTOR VADAKARA & ANR.
2008 INSC 119821 October 2008Dismissed
The appellants, licensees of arrack shops, were convicted under Section 57A(iii) of the Kerala Abkari Act, 1967 for selling liquor adulterated with methanol. Samples taken from their godowns revealed the presence of the noxious substance, and the prosecution argued that the licencees had either mixed or permitted the m…
LOKESH SINGHversusSTATE OF U.P. & ANR.
2008 INSC 120121 October 2008Appeal(s) allowed
The case involved the murder of Chandra Pal Singh, for which respondent No.2 was alleged to have conspired with S.B. Singh to hire shooters. The trial court denied bail, but the Allahabad High Court granted bail, reasoning that the prosecution case was weak and that key statements were recorded only after 2.5 months. T…
STATE BY INSPECTOR OF POLICE, T. NADUversusRAKIAPPAN AND ORS.
2008 INSC 119121 October 2008Appeal(s) allowed
The State prosecuted Rakiappan and others for the homicidal death of two persons, relying on the testimony of PW2, a 12‑year‑old child who was injured during the incident. PW2 regained consciousness and gave a statement to the investigating officer on 13 December 1995, which the trial court accepted, convicting the acc…
STATE OF PUNJABversusGURDIP KAUR
2008 INSC 119221 October 2008Dismissed
The State of Punjab appealed the acquittal of Gurdip Kaur and co‑accused by the Punjab and Haryana High Court. The trial court had convicted them under IPC s.302 read with s.34 for murder. The High Court set aside the convictions, citing a substantial delay in lodging the FIR, an unexplained delay in forwarding the rep…
STATE OF GOAversusSUBHASH GHOGLE
2008 INSC 119321 October 2008Dismissed
The State of Goa charged Subhash Ghogle with murder under Section 302 IPC for allegedly strangling Bendita Parriera on 4 January 1999. The trial court convicted him based on a series of circumstantial facts, including alleged motive, presence at the scene, noises of a quarrel, and forensic evidence, and sentenced him t…
STATE OF PUNJABversusAVTAR SINGH
2008 INSC 119421 October 2008Dismissed
The trial court convicted the accused under Section 302 read with Section 34 of the IPC for murder. The Punjab and Haryana High Court set aside the conviction, acquitting the accused on the basis of a substantial delay in lodging the FIR, a further delay in forwarding the report to the Elaka Magistrate, and a discrepan…
M. DHANDAPANIversusR. MUTHU NALIAPPAN & ORS.
2008 INSC 119521 October 2008Dismissed
The appellant, a shopkeeper, alleged that police officers assaulted him on 18 February 1997 for keeping his shop open past the prescribed closing time. He claimed the officers questioned him, were dissatisfied with his explanation, and then forcibly placed him in a jeep and beat him. The trial court, after evaluating t…
ASHOK KUMAR MONDALversusSAMIR KUMAR MONDAL & ANR.
2008 INSC 119621 October 2008Dismissed
The deceased was allegedly struck on the head with a crowbar by his brother during a domestic altercation, leading to his death. The trial court convicted the brother under Section 304 Part‑II of the IPC. On appeal, the Calcutta High Court acquitted him, holding that the eyewitness testimonies were unreliable, there wa…
CONTROLLER OF DEFENCE ACCOUNTS (PENSION) AND ORS.versusS. BALACHANDRAN NAIR
2005 INSC 51521 October 2005Appeal(s) allowed
The respondent, a former Indian Army soldier, developed anxiety neurosis and was declared medically unfit. He applied for a disability pension, which was denied on the ground that his illness was not attributable to military service. The Kerala High Court initially granted the pension, but the Division Bench reversed t…
STATE OF PUNJAB AND ORS.versusDEV RAJ AND ORS.
2007 INSC 96121 September 2007Appeal(s) allowed
The State of Punjab entered into an agreement to take over a financially distressed school in 1983, stipulating that only staff with prescribed qualifications who were members at the time of the policy decision would be retained. Teachers and laboratory assistants appointed between June 1983 and January 1984 filed a wr…
MOHAMMAD SADIQ AND ORS.versusSTATE OF UTTAR PRADESH AND ORS.
2007 INSC 96221 September 2007Dismissed
The Institute of Engineering and Rural Technology (IERT), a society registered under the Societies Registration Act, 1860, decided to close one of its centres, retrenching 105 employees. The employees filed a writ petition seeking their absorption under the Uttar Pradesh Absorption of Retrenched Employees of Government…
UNION OF INDIA AND ANR.versusTARSEM LAL AND ORS.
2006 INSC 63821 September 2006Appeal(s) allowed
The respondent, a railway employee, claimed pay and allowance from the date he received a proforma promotion in September 1997, rather than from his actual promotion in August 2001. The Union of India relied on Railway Board Circular dated 15/17 September 1964 and Paragraph 228 of the Indian Railway Establishment Manua…
NATIONAL INSURANCE CO. LTD.versusCHALLA UPENDRA RAO AND ORS.
2004 INSC 53721 September 2004Leave Granted & Disposed off
Three persons were travelling in an auto‑rickshaw that met with an accident, resulting in two deaths and one serious injury. The vehicle belonged to Challa Upendra Rao, who had no permit to ply the vehicle for hire or reward. The claimants filed petitions for compensation under the Motor Vehicles Act, 1988, and the ins…
MONOTOSH SAHAversusSPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE AND ANR.
2008 INSC 95921 August 2008Disposed off
Monotosh Saha was penalised Rs 25 lakhs for alleged contravention of Section 8(1) of the Foreign Exchange Regulation Act, 1973. The Special Director ordered the penalty and the Appellate Tribunal required a 60% pre‑deposit to entertain the appeal. Saha contended that the pre‑deposit caused undue hardship and sought dis…
RAM TAWEKYA SHARMAversusSTATE OF BIHAR & ORS.
2008 INSC 95621 August 2008Dismissed
Three police constables were accused of robbery under Sections 392 and 411 of the Indian Penal Code. While the criminal trial was pending, the authorities initiated departmental proceedings under the Bihar Police Manual. The constables were later acquitted in the criminal case, but the departmental inquiry led to their…
IQBAL SINGHversusSTATE OF PUNJAB
2008 INSC 96021 August 2008Case Partly allowed
The appellants, who were first cousins of the complainant, removed tubewell pipes from a piece of common land while armed with spades. When the complainant party intervened and objected, a verbal altercation escalated into a physical fight, during which the deceased Sikander Singh was killed and two others were injured…
STATE OF WEST BENGAL AND ORS.versusSRI SRI LAKSHMI JANARDAN THAKUR AND ORS.
2006 INSC 53021 August 2006Appeal(s) allowed
The State of West Bengal initiated proceedings under the West Bengal Land Reforms Act, 1955 to determine whether the land held by the deity Sri Sri Lakshmi Janardan Thakur constituted a public or private religious endowment. The Revenue Officer and subsequent appellate authorities held the endowment to be public, allow…
ELECTRONICS CORPORATION OF INDIA LTD.versusELECTRONICS CORPORATION OF INDIA SERVICE ENGINEERS UNION
2006 INSC 53121 August 2006Appeal(s) allowed
The Electronics Corporation of India Ltd. engaged about 30 technicians as retainers (service engineers/licencees) on individual contracts between 1972 and 1978. The retainers later demanded permanent absorption, regularisation and parity of pay with regular employees. The Industrial Tribunal held that no employer‑emplo…
CENTRAL BUREAU OF INVESTIGATION, NEW DELHIversusM.N. SHARMA
2008 INSC 84821 July 2008Case Allowed
The respondent, a Sub‑Registrar, was convicted by a Special Judge under the Prevention of Corruption Act, 1988 and Section 120‑B IPC and sentenced to rigorous imprisonment. While his appeal was pending, he filed an application under Section 389(1) read with Section 482 of the CrPC seeking suspension of the conviction, …
STATE OF U.P. AND ANR.versusNITIN AGNIHOTRI AND ANR.
2008 INSC 84921 July 2008Case Allowed
The father (respondent No.2) lodged an FIR under Section 366 IPC alleging that Nitin Agnihotri (respondent No.1) abducted his daughter. The High Court quashed the FIR and, despite finding no police lapse, imposed a cost of Rs.50,000 on the State and the complainant. The State appealed, contending that cost should not b…
INSPECTOR OF POLICE, TAMIL NADUversusBALAPRASANNA
2008 INSC 85021 July 2008Dismissed
The case involved the murder of Mayurani, a Sri Lankan student, and the conviction of Balaprasanna under Section 302 IPC based primarily on circumstantial evidence and confessional statements that led to the recovery of various items. The prosecution relied on statements made by the accused while in custody, invoking S…
C.K. GANGADHARAN & ANR.versusCOMMISSIONER OF INCOME TAX, COCHIN
2008 INSC 84621 July 2008Reference answered
The Supreme Court was asked to consider whether the Revenue Department could be barred from filing an appeal in a tax matter merely because it had not appealed in other similar cases. The Court examined a series of conflicting High Court decisions and earlier Supreme Court judgments on the principles of res judicata, p…
RANCHI REGIONAL DEVELOPMENT AUTHORITYversusSUSHIL KUMAR MAHTO AND ORS.
2006 INSC 45821 July 2006Disposed off
The petitioners filed a public interest litigation alleging that the Ranchi Regional Development Authority (RDA) had illegally sanctioned the construction of certain multi‑storeyed buildings in violation of the Regional Development Authority Act, the Building Regulations and the Building Byelaws, 1981. The Jharkhand Hi…
GIAN DASSversusTHE GRAM PANCHAYAT, VILLAGE SUNNER KALAN AND ORS.
2006 INSC 45921 July 2006Disposed off
The appellant, a Saunjidar, obtained a decree for possession of land from the trial court and the first appellate court. The High Court, on a second appeal under Section 100 of the CPC, set aside those decrees, holding that only the Collector under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 co…
M/S. R.R. HOLDING P. LTD.versusCOMMISSIONER OF INCOME TAX, DELHI AND ANR.
2006 INSC 46021 July 2006Disposed off
R.R. Holding Ltd filed its return for AY 1986-87 claiming a loss and later disclosed a commission income of Rs 1.61 crore, prompting a notice under section 148. The assessee sought interest on a tax refund under section 244(1A) and appealed to the Delhi High Court, which held that the matter was covered by the preceden…
MAHILA VIKAS MANDAL COLABA AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.
2005 INSC 30321 July 2005Appeal(s) allowed
The State of Maharashtra leased land to Mahila Vikas Mandal for a women's hostel, stipulating that any part used for remunerative purposes required prior approval and payment of 50% of the net profit. The Collector later alleged commercial use and demanded 50% of the net income (Rs 19,03,103) as recovery under Section …
M.L. BINJOLKARversusSTATE OF MADHYA PRADESH
2005 INSC 30521 July 2005Disposed off
The Madhya Pradesh government compulsorily retired 559 employees in 1997; several challenged the orders before the State Administrative Tribunal, which set aside the retirements and ordered reinstatement with full back wages. The State obtained a High Court order dismissing its writ petitions and permitting fresh actio…
BALBIR SINGHversusSTATE OF DELHI
2007 INSC 71121 June 2007Dismissed
Balbir Singh and Paljit Kaur were charged under Sections 3, 4, 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and Sections 25 and 26 of the Arms Act, 1959 for offences alleged to have occurred on 5 December 1992. The Designated TADA Court, on 19 April 1997, held the proceedings non est…
STATE. NCT OF DELHIversusMALVINDER SINGH
2007 INSC 71221 June 2007Appeal(s) allowed
The accused were stopped by a police patrol team on a public road after an informer disclosed that they possessed opium. The police, aided by senior officers, searched the scooter and recovered opium, leading to conviction under Section 17 of the NDPS Act. The accused appealed, arguing that the conviction was invalid b…
MANUBHAI ATABHAIversusSTATE OF GUJARAT
2007 INSC 71321 June 2007Dismissed
Manubhai Atabhai and his brothers attacked the complainant's son, Danabhai, during a dispute over a wall. Manubhai stabbed Danabhai in the stomach with a six‑inch knife, causing a deep wound that penetrated the liver, a vital organ, and the victim died instantly. The trial court convicted Manubhai under IPC s.304 Part …
STATE OF U.PversusSURENDRA KUMAR SOLANKI
2007 INSC 71421 June 2007Disposed off
The State of Uttar Pradesh appealed against a Allahabad High Court order that granted bail to Surendra Kumar Solanki, an accused under IPC sections 363 and 366 and the SC/ST Act, 1989. While granting bail, the High Court issued sweeping criticisms of the State Government and police, alleging improper investigation desp…
SUKHDEVversusSTATE OF PUNJAB
2007 INSC 71521 June 2007Dismissed
The appellant Sukhdev was charged with murder of his brother‑in‑law Kishan Singh and with causing injuries to two other persons under Sections 302, 324 and 326 of the IPC. The incident arose from a quarrel after Sukhdev alleged that the deceased had set fire to a heap of chaff; he retrieved a knife and inflicted fatal …
SHAIKAH BAKSHU AND ORS.versusSTATE OF MAHARASHTRA
2007 INSC 71621 June 2007Appeal(s) allowed
The deceased Rubina, a married woman, died from severe burn injuries allegedly caused by her husband, sister‑in‑law and mother‑in‑law who were charged under IPC s.302 read with s.34 and s.498‑A. The trial court and the Bombay High Court convicted the accused primarily on two dying declarations recorded within a short i…
STATE OF PUNJAB AND ORS.versusKULDIP SINGH
2007 INSC 71721 June 2007Case Partly allowed
Kuldip Singh was injured when police fired on him during a terrorist chase on 7 July 1991, resulting in the loss of his right forearm. He received a special ex-gratia grant of Rs 20,000 and Rs 3,378 for medical expenses under a 1991 government notification that fixed a ceiling for such relief. Ten years later he filed …
PRABHAKARANversusSTATE OF KERALA
2007 INSC 71821 June 2007Case Partly allowed
A ten‑year‑old boy was fatally run over by a bus driven at high speed by the appellant. The trial court convicted the driver under Section 304 Part II of the IPC for culpable homicide not amounting to murder, imposing five years' rigorous imprisonment, a decision affirmed by the Kerala High Court. On appeal, the Suprem…
STATE OF RAJASTHANversusCHITTARMAL
2007 INSC 71921 June 2007Dismissed
The deceased's father and brother died after touching a live electric wire that the accused, Chittarmal, had allegedly fixed near a field. The prosecution alleged that the wire was placed with the intention to kill the father, leading to a conviction under Section 302 IPC by the trial court. The accused claimed the wir…
KRISHNA & ANRversusSTATE OF U.P
2007 INSC 72021 June 2007Dismissed
Krishna, Kaira and Sumera borrowed money from Chunua Chamar and later denied the debt. When the deceased went to lodge a police complaint, the accused assaulted him with lathis, causing his death. The trial court convicted them of murder, attempt to murder and assault under Sections 302, 307 and 323 IPC, and the High C…
STATE OF MADHYA PRADESH & ANR.versusBACHHA LAL & ANR.
2007 INSC 72121 June 2007Case Allowed
The brothers Bachha Lal and others sued a Sales Tax Officer of the State of Madhya Pradesh alleging that he abused his powers to conduct illegal searches, revoked their sales‑tax registration and lodged a false criminal complaint under Section 353 IPC, leading to a malicious prosecution claim. The trial court held the …
CENTRAL BUREAU OF INVESTIGATIONversusSTATE OF GUJARAT
2007 INSC 72221 June 2007Appeal(s) allowed
The Chief Judicial Magistrate ordered the Central Bureau of Investigation (CBI) to investigate a theft of cash (Muddamal) and later rejected the CBI's request to recall that order. The CBI challenged both orders before the Gujarat High Court, which held the petition non‑maintainable, directing that the CBI should have …
KULWANT SINGH@ KULBANSH SINGHversusSTATE OF BIHAR
2007 INSC 72321 June 2007Dismissed
Kulwant Singh and Awadh Singh were convicted under Section 302 read with Section 109 of the IPC for abetting the murder of Manji Singh by Uma Shankar, who shot the victim after being urged to do so. The appellants challenged the conviction on two grounds: that the eye‑witnesses were relatives of the deceased and theref…
GARRISON ENGINEER (UTILITY) BHATINDAversusSHRI NARINDER SINGH
2007 INSC 65821 May 2007Disposed off
Shri Narinder Singh, a daily‑wage mazdoor, was engaged by the Garrison Engineer (Utility) of Bhatinda, a Defence Department establishment, from 1 January 1985 to 15 January 1987 and was terminated on 16 January 1987. After about five years he filed a reference seeking regularisation, contending that he had rendered ser…
M/S. CONTINENTAL PROFILES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NEW DELHI
2007 INSC 65921 May 2007Dismissed
Continental Profiles Ltd appealed against the Commissioner of Central Excise challenging the classification of electric valve actuators under the Central Excise Tariff Act, 1985. The appellant argued that, based on Guindy Machines and Audco India decisions, the actuators should fall under sub‑heading 85.43, whereas the…
S.E.B.IversusSAIKALA ASSOCIATES LTD.
2009 INSC 57621 April 2009Appeal(s) allowed
The respondents, Saikala Associates Ltd and others, acted as unregistered sub‑brokers in violation of Section 12(1) of the SEBI Act and Rule 3 of the Stock Brokers and Sub‑Brokers Rules, prompting SEBI to suspend their registration certificates. The Securities Appellate Tribunal (SAT) altered the penalty, substituting …
SREE KRISHNA ELECTRICALSversusSTATE OF TAMIL NADU & ANR.
2009 INSC 57721 April 2009Disposed off
Sree Krishna Electricals, a dealer registered under the Tamil Nadu General Sales Tax Act, 1959, was assessed sales tax and a penalty for the alleged sale of wet grinders during the assessment years 1992-93 and 1993-94. The dealer contended that only parts of wet grinders were sold, seeking exemption, and relied on the …
VIJAYKUMARversusSTATE BY INSPECTOR OF POLICE, MADRAS AND ANR.
2009 INSC 56521 April 2009Dismissed
The case concerned an assault with a sword and knife that resulted in the death of Johnson and injuries to others. The trial court acquitted the accused, but the Madras High Court set aside the acquittal, finding the prosecution evidence credible and convicting them under Sections 302, 341, 307 and 34 IPC. On appeal, t…
M/S. ARUL & CO.versusSTATE OF TAMIL NADU & ANR.
2009 INSC 56621 April 2009Disposed off
M/s. Arul & Co. challenged the levy of sales tax and a penalty imposed under the Tamil Nadu General Sales Tax Act, 1959, by filing a writ petition. The Madras High Court dismissed the petition, relying on an earlier Division Bench decision. On appeal, the higher court held that there was no ground to interfere with the…
STATE OF PUNJABversusMALKIAT SINGH
2009 INSC 57221 April 2009Dismissed
Contraband narcotics were recovered from a room owned by Pritam Singh, which the prosecution alleged had been leased to the accused, Malkiat Singh. The trial court convicted Malkiat Singh under section 15 of the NDPS Act, but the Punjab and Haryana High Court acquitted him, holding that the lease deed was not on record…
STATE OF RAJASTHANversusBABU LAL
2009 INSC 56721 April 2009Dismissed
The respondent, Babu Lal, was convicted by a trial court under Section 81(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of a large quantity of brown sugar. The Rajasthan High Court set aside the conviction, holding that the prosecution had failed to comply with the mandatory requirement …